Articles and Blogs

Executive Summary On November 15, 2013, the Sixth Circuit Court of Appeals released an unpublished opinion affirming Summary Judgment in favor of St. Mary Mercy Hospital in the case Brintley v. St. Mary Mercy et al. (No. 12-2616).  The court held that Dr. LaCesha Brintley was not an employee of the hospital and therefore had no…Read More

Fast Food Workers Strike for Higher Pay Earlier this month, in 100 cities around the country, fast food workers went on strike for higher pay – much higher pay – seeking $15 an hour or a “living wage” as some describe it.  Although the job action got much media attention, there is no real indication…Read More

CMS recently issued Advisory Opinion 2013-03 (“Opinion”), clarifying that a physician-owned hospital may add unlicensed observation beds without violating the limitation on expansion.1   

The OFCCP is hosting a series of webinars designed to help federal contractors understand and implement its newly published regulations regarding affirmative action for individuals with disabilities and certain protected veterans.  These new regulations, which become effective on March 24, 2014, significantly change the affirmative action obligations related to individuals with disabilities and certain protected…Read More

House to Introduce Hall Render-Drafted Bipartisan Stark Law Legislation Rep. Charles Boustany (R-LA) and Rep. Ron Kind (D-WI) have announced that they will introduce legislation to correct the disproportionate penalties a hospital can incur for technical violations of the Stark Law. The legislation, which will be formally introduced on Monday, December 16, was drafted by Hall,…Read More

Last night the House passed, as part of the Ryan-Murray budget, a three-month patch to the Sustainable Growth Rate (“SGR”) formula that includes policy changes that significantly impact long-term care hospitals (“LTCHs”). The current SGR patch expires December 31, and this proposed legislation, titled the Pathway for SGR Reform Act of 2013 (the “Act”), is expected to pass…Read More

CMS has indicated that it intends to extend Stage 2 of meaningful use attestation under the Medicare/Medicaid Electronic Health Record (“EHR”) Incentive Program.  In a recent blog post, CMS states that the new or modified Stage 3 requirements for becoming a meaningful user of a certified EHR technology will not be effective until 2017 for…Read More

The FCC has opened the comment period on three Rural Health Care Program participants’ appeals of Universal Service Administrative Company decisions denying Healthcare Connect Fund (“HCF”) support for Illinois Rural HealthNet, Colorado Telehealth Network and Oregon Health Network (see our previous blog post on the subject). At issue is whether health care provider service locations that are urban, but…Read More

On November 27, 2013, the Centers for Medicare & Medicaid Services (“CMS”) issued the Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) Final Rule (“Final Rule”). In this Final Rule, CMS made some significant changes, including implementing a policy to combine outpatient clinic evaluation and management visit codes into one APC and allowing the…Read More

House and Senate Likely to Mark Up SGR Bills Both the Senate Finance Committee and House Ways and Means Committee tentatively announced they will mark up legislation to repeal and replace the Sustainable Growth Rate (“SGR”) formula before Congress leaves for Christmas break next week. If the Ways and Means Committee does mark up the…Read More