Articles and Blogs

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

In Associated Bank, N.A., v. Jack W. Collier, 2014 WI 62, the Wisconsin Supreme Court (the “Court”) held that a judgment creditor must levy a debtor’s specified non-exempt personal property in order to obtain a priority lien. Prior to Collier, a judgment creditor could impose an equitable lien, superior to other creditors’ unsecured claims, through…Read More

And so it continues. In an advice memo dated July 29, 2014, the General Counsel of the NLRB has given authorization to include a franchisor (McDonald’s) as a named party in unfair labor practice charges arising out of the treatment of franchisee employees. Some believe that this move is just part of the increasing pressure…Read More

Congress Urges FCC to Clarify Meaning of Not-for-Profit Hospital On August 1, members of the House of Representatives sent a letter to Federal Communications Commission (“FCC”) Chairman Tom Wheeler urging the FCC to clarify the meaning of “not-for-profit hospital” utilized by the Universal Service Administration Company (“USAC”) when determining eligibility for broadband network subsidies available…Read More

Executive Summary The Food and Drug Administration (“FDA”) released five regulatory and guidance documents pertaining to compounding in an effort to provide clarity to pharmaceutical stakeholders.  The documents, issued pursuant to the Drug Quality and Security Act (“Act”), describe expectations regarding compliance with current good manufacturing practices (“cGMPs”) for compounding outsourcing facilities and standards for…Read More

On July 21, 2014, the Indiana Court of Appeals issued an opinion in Giles v. Anonymous Physician I, refusing to extend the physician patient relationship to a hospitalist asked to consult on a patient – the hospitalist refused the consult because the patient’s primary care provider had not approved hospitalist care for his patients.  Plaintiff…Read More