Articles and Blogs

Confidentiality, Public Relations and Blogging Policies Held to Be Unlawful As we reported in our Employment Law News article in January, the NLRB has been very active in challenging any employer policy that could reasonably be understood by an employee to interfere with rights protected under the National Labor Relations Act (“NLRA”).  The NLRA protects…Read More

House Leaders Unveil SGR Repeal Framework The Chairmen with primary jurisdiction over the Medicare payment rates announced their plan to repeal and replace the current sustainable growth rate (“SGR”)  formula.  Ways and Means Chairman Camp (R-MI) and Energy and Commerce Chairman Upton (R-MI) announced they will work together to address the SGR.

Summary Yesterday, February 7, 2013, CMS issued a proposed rule that addresses a number of changes to the Conditions of Participation (“CoP”) for hospitals, 78 FR 9216 (“Proposed Rule”).  Beyond hospitals, this Proposed Rule speaks to other areas affecting ambulatory surgical centers, CLIA proficiency testing and transplant centers, among others.  This summary deals with the…Read More

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”).  Because the Final Rule covers a…Read More

The Affordable Care Act requires employers who are subject to the Fair Labor Standards Act to provide each employee a written notice of certain rights and information.  This notice was to be provided no later than March 1, 2013 to current employees and to any employees hired after that date.  However, the U.S. Department of…Read More

In 2003, two fires in long-term care facilities resulted in 31 resident deaths. As a result of these two events, CMS analyzed the fire safety precautions in place in these facilities and determined that resident safety could be greatly improved by requiring that all long-term care facilities have automatic sprinkling systems installed throughout the buildings….Read More

Early last month, Congress enacted the American Taxpayer Relief Act of 2012 (the “Act”).  The Act made certain changes to the Medicare therapy caps that included services provided in critical access hospitals (“CAHs”) being subject to the caps.  CMS’s position on how it is going to apply this provision has recently been revised, with CAHs benefiting…Read More

The Patient Protection and Affordable Care Act (PPACA) requires all skilled nursing facilities (SNFs) and nursing facilities (NFs) to have an effective compliance and ethics program in place by March 23, 2013.  Unfortunately, the Centers for Medicare & Medicaid Services (CMS) has failed to publish final regulations covering these programs, as required under PPACA, by March…Read More

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”).  Because the Final Rule covers a…Read More

Sometimes the important things that an employee may be required to do in a job almost never happen.  Take for example a worker at a juvenile detention center who might one day have to physically restrain a violent youth who might be causing trouble at the facility.  It doesn’t happen often, but it certainly could.  Does the…Read More