Articles and Blogs

DOL Extends Minimum Wage and Overtime Protections to Home Care Workers Last week, the Department of Labor’s (“DOL”) Wage and Hour Division released a new rule extending minimum wage and overtime protections under the Fair Labor Standards Act (“FLSA”) to home care workers employed by third-party employers.  The new rule, which is not scheduled to take…Read More

Prior to the government shutdown, Representative Jim McDermott of Washington introduced a bill that would end the hospital inpatient requirement for skilled nursing facility (“SNF”) coverage.  

The Centers for Medicare & Medicaid Services (“CMS”) issued a Survey & Certification Memo (“S&C Letter”) to state agencies detailing the result of the governmental shutdown on long-term care providers as it relates to surveys.  As of this writing, the S&C Letter has not been published or otherwise made publicly available, and the below information…Read More

Committee Releases New Doc Fix Draft On July 18, the House Energy and Commerce Committee released an updated framework to replace Medicare’s physician payment system.  The framework represents the first draft proposal to include Democrats’ names, including the ranking member Rep. Henry Waxman (D-CA) and Subcommittee on Health ranking member Frank Pallone (D-NJ).  The Subcommittee on…Read More

Former Senate Majority Leader Tom Daschle Discusses Health Care Reform with Hall Render On Thursday, Former Senate Majority Leader Tom Daschle (D-SD) joined Hall Render Chairman Bill Thompson and McKinsey and Company Director Paul Mango for a wide-ranging panel discussion on the future of health care reform. The three health policy experts covered a range…Read More

On August 19, 2013, the Centers for Medicare and Medicaid Services (“CMS”) published in the Federal Register the 2014 acute care hospital and long-term care hospital inpatient prospective payment system final rule (“Final Rule”) effective on October 1, 2013.  As part of the Final Rule, CMS formulated a “2-midnight presumption” and a “2-midnight benchmark” (collectively…Read More

EEOC and NLRB Are Idle With the failure of Congress last night to fund the federal government, several of the agencies responsible for the investigation and enforcement of federal labor and employment laws have gone idle. Except for life threatening emergencies, property preservation and actions to accept filings to avoid statutes of limitations, most other services,…Read More

Executive Summary On September 23, 2013, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule (“Proposed Rule”) enumerating the details of the pending prospective payment system (“PPS”) for Federally Qualified Health Centers (“FQHCs”).  This Proposed Rule was developed in response to a mandate established in the Patient Protection and Affordable Care Act…Read More

State Attorneys General Criticize EEOC Guidance on Criminal Background Checks Ever since the EEOC issued its “updated” Enforcement Guidance on the use of criminal background checks in April 2012, employers have struggled to understand exactly what could be asked and used in screening candidates for employment.  (See our article “Arrest and Conviction Records – EEOC…Read More

On August 19, 2013, the Centers for Medicare and Medicaid Services (“CMS”) published the acute care hospital and long-term care hospital inpatient prospective payment system final rule for fiscal year 2014 (“Final Rule”).  Under one new provision in the Final Rule, if a Medicare Part A claim for inpatient hospital services is denied because the…Read More