Articles and Blogs

Executive Summary On August 4, 2014, the United States Department of Justice (“DOJ”) announced a settlement of a staggering $98.15 million with the nation’s largest operator of acute care hospitals (“Health System”).  The settlement resolves multiple lawsuits filed under the qui tam (whistleblower) provisions of the federal False Claims Act that prohibits a person from…Read More

Since July 2013, CMS has instituted a moratorium on new home health agencies (“HHAs”) enrollments in Miami and Chicago areas.  Earlier this year in February, CMS added Fort Lauderdale, Detroit, Dallas and Houston to the moratorium.  This month, CMS has renewed the moratoria for all six locations for an additional six-month period, with the option…Read More

On Tuesday, August 5, the Federal Communications Commission proposed changing how it defines high-speed Internet to download speeds of 10 megabits per second (Mbps) for a service to qualify as broadband. The FCC currently defines broadband Internet as 4 Mbps download speed. The FCC is seeking public comment on whether those bandwidth thresholds should be increased…Read More

President Obama’s latest Executive Order  (“EO”) is entitled “Fair Pay and Safe Workplaces,” but its requirements on federal contractors go beyond compensation and safety.  The good news is that implementation of these new requirements is not expected to be begin until 2016.  By then, we hope to have new regulations that better explain the EO’s…Read More

On August 5, 2014, the Centers for Medicare & Medicaid Services (“CMS”) released the 2015 Inpatient Prospective Payment System (“IPPS”) Final Rule (“Final Rule”).  Among other changes in the Final Rule, CMS is adopting updated labor market area delineations based on the 2010 census to take effect on October 1, 2014.  Hospitals should review whether…Read More

Executive Summary On July 28, 2014, the Department of Health and Human Services Office of Inspector General (“OIG”) released Advisory Opinion No. 14-05 (“AO 14-05”), addressing one of OIG’s favorite foci, federal health care program “carve out” arrangements.  AO 14-05 was issued in response to a pharmaceutical manufacturer’s (“Company”) request for review of its direct-to-patient…Read More

Executive Summary In the FY 2015 Inpatient PPS Final Rule, CMS did not finalize problematic changes to the cost reporting requirements that the agency introduced in the proposed rule.  On behalf of clients of Hall Render and Baker Healthcare Consulting, Hall Render previously opposed the proposed rule in comments to CMS and consultations with members…Read More

OFCCP recently mailed a new batch of Corporate Scheduling Announcement Letters (“CSALs”) to unlucky companies that are on the short list to be audited later this year.  Consistent with its recent practice, the notices are addressed to the “Human Resource Director” at local establishments as opposed to the company’s corporate headquarters.  

Whether the Equal Employment Opportunity Commission (“EEOC”) is engaging in proper conciliation efforts, prior to bringing a lawsuit, is an issue that many employers have grappled with when forced to the brink during pre-lawsuit negotiations. After the Seventh Circuit Court of Appeals (including Indiana, Illinois and Wisconsin) held, for the first time, that the EEOC’s…Read More

Executive Summary On July 29, 2014, legislation designed to both combat prescription drug abuse and ensure patient access to prescription drugs advanced by voice vote in the House of Representatives. This legislation, bolstered by bipartisan sponsorship from Reps. Marsha Blackburn (R-TN), Judy Chu (D-CA), Tom Marino (R-PA) and Peter Welch (D-VT) is designed to clarify…Read More