Articles and Blogs

MedPAC Submits June Report to Congress On June 14, the Medicare Payment Advisory Commission (“MedPAC”) submitted its annual June report to Congress on Medicare and the Health Care Delivery System.  The Commission estimated that Medicare payments to doctors will be cut by 24.4% on January 1, 2014 if Congress does not pass legislation to correct the…Read More

Executive Summary On June 13, 2013, the Department of Health and Human Services Office of Inspector General (“OIG”) posted Advisory Opinion 13-03 (“AO”), in which it considered whether a clinical laboratory’s proposal to contract with physician practices to enable the practices to provide clinical lab services to their non-federal health care program beneficiaries only, potentially…Read More

On June 13, 2013, the Department of Health and Human Services (“HHS”) announced that it reached a settlement with a California medical center (“Medical Center”) stemming from alleged violations under the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. The settlement follows an investigation by the HHS Office for Civil Rights (“OCR”) that was…Read More

The NLRB’s rule requiring private sector employers to post a “Notice of Employee Rights” took another hit from another federal appeals court.  The rule that was scheduled to go into effect early in 2012 was enjoined by lower federal courts last year and was ultimately struck down by a decision of a federal appeals court…Read More

Delayed Debt Ceiling Could Affect Provider Payment Bill The Congressional Budget Office (“CBO”) released their June report showing the government should be able to stay under the debt ceiling until October or November of this year. Many inside health circles believe that Congress will feel less pressure to fix the Sustainable Growth Rate (“SGR”) formula,…Read More

On July 1, 2013, House Bill 1135 takes effect.  The bill amends several current statutes and creates Ind.Code §25-23.4-1 et seq. for certified direct entry midwives (“CDEM”).  The new law includes the following provisions that could potentially affect hospitals and claims involving CDEM. Amendments to existing statutes include: IC §16-37-2-9 is amended to require additional…Read More

Discharge for Lactation Is Sex Discrimination In a recent decision, a federal appeals court held that a termination for “lactating or expressing milk” is sex discrimination under Title VII because it would clearly impose upon women “a burden that male employees need not – indeed, could not – suffer.”  The Court also ruled that lactation…Read More

The National Labor Relations Board has, for at least the past two years, been focusing on private employer policies that interfere with employee rights to engage in protected concerted activity for their mutual aid and protection.  Employer policies that prohibit talking about wages, hours and working conditions while at or away from work have been…Read More

It’s long been a crime or at least a misdemeanor for someone to threaten or intimidate another person.  Recently, some prosecutions for intimidation were dismissed by the courts because of the way Indiana’s intimidation statute was written.  For instance, it wasn’t clear that threats made electronically were prohibited.  Also, it wasn’t clear that intimidation covered…Read More

Originally due last Fall, the Centers for Medicare & Medicaid Services (“CMS”) has published the Quality Assessment and Performance Improvement (“QAPI”) Provider Toolkit and Provider Resources for skilled nursing facilities (“SNFs”).  These items have been published on a new CMS website dedicated to helping SNFs develop and implement a QAPI program, as required by the…Read More