Articles and Blogs

The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group gripe….Read More

On April 20, 2015, the Office of Inspector General (“OIG”), in collaboration with the American Health Law Association, the Association of Healthcare Internal Auditors and the Health Care Compliance Association, released Practical Guidance for Health Care Governing Boards on Compliance Oversight (the “Board Guidance”). The Board Guidance offers practical tips for governing boards of health…Read More

CMS Releases Proposed Hospital Payment Rule Late last Friday, April 17, CMS released the proposed FY 16 Medicare payment rule for inpatient and long-term care hospitals. CMS estimates the proposed rule would increase Medicare payments to 3,400 acute care hospitals by about 0.3 percent, or $120 million, in 2016 compared to this year. CMS will…Read More

Facts of an Interesting Telemedicine Case1 The plaintiff in the case (“Physician”) is a board-certified radiologist who entered into a contract with defendant teleradiology company (“Company”) to furnish teleradiology services to hospitals, including a hospital on Long Island, New York (“Hospital”).  Under the terms of the contract, Hospital would electronically transmit diagnostic images, such as X-rays, CT…Read More

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on April…Read More

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by the…Read More

Senate Passes, President Signs SGR Replacement Legislation On Thursday, April 16, President Obama signed H.R. 2, the SGR repeal and replacement bill, into law.  The President’s signing ceremony comes two days after the U.S. Senate passed the SGR replacement legislation by a 92-8 vote.  The measure, which repeals the sustainable growth rate formula for paying…Read More

The Journal of the American Medical Association recently reported data breaches have affected 29 million medical records. Of that number, approximately 60 percent of the breaches between 2010 and 2013 resulted directly from theft. These statistics reported by JAMA should leave many hospital administrators nervous about the possibility of future data breaches. A hospital’s failure…Read More

In WI v. Going Places Travel Corp., Nos. 2014AP1859-62 (April 14, 2015), the Wisconsin Court of Appeals affirmed a $3.8 million restitution order and nearly $842,000 in forfeitures against companies (“Travel Services”) stemming from multiple misrepresentations and failures to disclose required information when selling travel club memberships to Wisconsin residents. In this case, Travel Services…Read More

Hospital organizations that are tax exempt pursuant to Code Section 501(c)(3) can face significant penalties for failures to comply with Code Section 501(r) and the related final regulations.  Fortunately, in drafting the final regulations, the IRS and Treasury Department acknowledged that even the most diligent hospital organizations may experience unintentional failures due to the detailed…Read More