Articles and Blogs

Yesterday afternoon, November 26, 2013, the Treasury Department and the Internal Revenue Service (“IRS”) issued Proposed Regulations (available here) that would clarify the limitations on political campaign activities by tax-exempt social welfare organizations.  In connection with these Proposed Regulations, the Treasury Department and the IRS have requested comments on these limitations as well as the need…Read More

Executive Summary Legislation aimed at ensuring providers and patients have access to safe compounded drugs was passed by both the U.S. House of Representatives and the Senate and will now proceed to the President for signature.  This legislation, a product of bipartisan efforts by leaders from the Senate and House committees overseeing health policy, was…Read More

Executive Summary Earlier this month, the U.S. District Court for the Middle District of Florida held that the bonus compensation arrangements between a Florida hospital (“Hospital”) and its employed medical oncologists violated the Stark Law. The Court concluded that the Hospital’s bonus pool methodology, which included chemotherapy revenues, did not satisfy the requirements of the Stark…Read More

Push for SGR Repeal Continues The Senate Finance Committee will meet on December 12 to consider a bill to fully repeal the Sustainable Growth Rate (“SGR”). The legislation that will be offered by Finance Committee Chairman Baucus (D-MT) will be distributed 48 hours before the start of the markup. Although he has not identified which Medicare…Read More

The Creating Access to Rehabilitation for Every Senior Act of 2013 (“Bill”) was introduced this week by Representative James Renacci (R-OH) to the House.  This Bill proposes to waive the three-day qualifying stay requirement for admission to a skilled nursing facility (“SNF”) under Medicare.  

Previous blog posts have highlighted the importance of analyzing, for purposes of both day-to-day operations and litigation strategy considerations, whether, as an initial matter, an individual can even invoke the anti-discrimination protections available under certain federal employment laws (e.g., Title VII, ADA, ADEA, ERISA). For example, our May 11, 2012 post analyzed whether a physician…Read More

Background The Centers for Medicare & Medicaid Services (“CMS”) recently issued two advisory opinions regarding arrangements where for-profit clinical laboratories would provide certain devices without charge to physicians, including physicians that made referrals to the entities.1  These advisory opinions were the first issued by CMS in over two years.  Though the arrangements discussed in the two…Read More

The Centers for Medicare & Medicaid Services (“CMS”) just released a revision to their August Survey and Certification letter concerning the August 13, 2013 deadline for the installation of automatic sprinkler systems in nursing facilities. Originally, facilities that did not meet the deadline were subject to deficiencies at scope and severity (“S&S”) levels of D,…Read More

House Passes ACA Fix On Friday, the House passed a bill (H.R. 3350) that would allow health insurers to sell individual health policies in 2014 that were in effect as of January 1, 2013, even if they don’t meet minimum coverage requirements set by the Affordable Care Act (“ACA”). Passage of the bill, comes a day after…Read More

NLRB Administrative Law Judge Says Ban Is Lawful An Administrative Law Judge (“ALJ”) has put at least a temporary stop to what many have seen as a trend to expand employee rights under the National Labor Relations Act.  The NLRB General Counsel’s complaint filed against an employer, who maintained a policy prohibiting the recording of…Read More