Articles and Blogs

On September 28, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities. CMS’s Final Regulations (the “Final Regulations”) cover many regulatory requirements for long-term care facilities (“Facilities”) and create new compliance…Read More

On September 14, 2016, the Office for Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) issued a list of Frequently Asked Questions (“FAQs”) addressing the language tagline requirements imposed by Section 1557 of the Affordable Care Act (“ACA”). Along with the FAQs, OCR also released a list of the top 15…Read More

On Friday, September 23, 2016, the EEOC filed a lawsuit against a Pennsylvania health system for allegedly firing six employees who refused flu vaccines. The complaint brings Title VII claims for failure to accommodate sincerely held religious beliefs. Generally, Title VII of the Civil Rights Act of 1964 prohibits most employers from discriminating against employees on the…Read More

Earlier this year, we reported on several benefits associated with the new Stark exception for timeshare arrangements. While we believe that, under many circumstances, the new timeshare exception is an improvement over the space lease exception, it does have several limitations. Before a health care provider enters into a timeshare license that is designed to…Read More

As part of their mission and outreach, health care providers (“Provider(s)”) often establish patient assistance programs offering free or discounted services or items in an effort to promote preventive health and wellness in their communities (e.g., free health screenings, treatment or testing, pharmaceuticals, accommodations and transportation services) (“Programs”). The goals of such Programs are often…Read More

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued New Enforcement Guidance on workplace retaliation (the “Guidance”). The Guidance was influenced by several Supreme Court decisions addressing retaliation under EEOC-enforced laws and a significant increase of retaliation claims found in EEOC charges. In addition to the Guidance, the EEOC issued a question-and-answer reference guide and…Read More

On August 2, 2016, the Treasury Department issued Proposed Regulations under Section 2704 of the Internal Revenue Code. This development has been reported as one of the most significant developments in the federal estate and gift tax law in the last 25 years. If you own stock in a family Subchapter S or Subchapter C…Read More

Long-Term Care and Rural Hospital Bills Pass House On September 20, the House of Representatives overwhelmingly passed a bill that is intended to provide relief to long-term care hospitals from the “25 percent rule.” The CMS rule, which has been delayed by Congress for years, allows for no more than 25 percent of patients to…Read More

Last month on August 2, 2016, the Treasury Department issued Proposed Regulations under Section 2704 of the Internal Revenue Code. This development has been reported as one of the most significant developments in the federal estate and gift tax law in the last 25 years. These Regulations relate to valuing stock, partnership interests and limited liability…Read More

An increasing number of employer-sponsored health plans are electing not to enter into contractual agreements with hospitals through an established provider network. These plans seek to limit payment for hospital services provided to plan beneficiaries by repricing the services at a plan-determined amount, typically based upon a percentage of Medicare reimbursement, an amount far below traditional…Read More