Articles and Blogs

State attorneys general are beginning to focus their attention on health care privacy laws under the authority granted to them by the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and state consumer laws.  On May 24, 2012, Massachusetts Attorney General Martha Coakley announced the filing of a final judgment with a licensed…Read More

On the heels of last week’s failure for the antipsychotic measures to pass the Senate, the Centers for Medicare & Medicaid Services (CMS) has just announced an initiative to reduce antipsychotic use in nursing facilities.  Yesterday, CMS officials announced a multi-year initiative to improve dementia care for residents of nursing homes by reducing the inappropriate use…Read More

On May 11, 2012, the Centers for Medicare and Medicaid Services (“CMS”) issued the 2013 Inpatient Prospective Payment System (“IPPS”) Proposed Rule.  In the IPPS Proposed Rule, CMS proposed to change the rules for: Calculating new teaching hospital full-time equivalent cap (“FTE cap”) by moving from a 3-year window to a 5-year window; What hospitals…Read More

Last Thursday, a proposed regulation aimed at curbing the high levels of “off-label” uses for antipsychotic medications failed to pass the Senate.  This proposed legislation relates back to a report last November by Daniel R. Levinson, the U.S. Inspector General, that exposed the high levels of antipsychotic medications administered to nursing facility residents.  That report stated a large…Read More

Senate Passes FDA Reauthorization Bill In a rare display of bipartisanship, the Senate passed the Food and Drug Administration Safety and Innovation Act (S.3187) Thursday night by a vote of 96-1.  The legislation, sponsored by Sens. Mike Enzi (R-WY) and Tom Harkin (D-IA), creates a user-fee program for biosimilar and generic drugs.  It also includes the…Read More

On May 18, 2012, the Wisconsin Supreme Court affirmed  a decision by the Wisconsin Court of Appeals,  which held that individuals with disabilities that are likely to be permanent and not capable of rehabilitation should be treated under Wisconsin Statutes Chapter 55 rather than Chapter 51. The case, In Re Helen E.F., reached the Wisconsin…Read More

Starbucks has a reputation for making great coffee.  It values that reputation and when employees use obscenities in the store in front of customers something has to be done. That’s what happened at a Starbucks store in Manhattan where a vocal union organizer got even more vocal in the store and used obscenities in front…Read More

In Michigan, a common misconception occurs when 501(c)(3) nonprofit corporations buy and sell real property.  While nonprofit 501(c)(3) corporations can be exempt from paying real property taxes while retaining title to and occupying real property in Michigan, they can be subject to a real property transfer tax at the time title to its property is…Read More

This installment of Hall Render’s Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. Under the Patient Protection and Affordable Care Act (“PPACA”), charitable hospitals are required to implement specified financial assistance…Read More

On May 3, 2012, the Indiana Supreme Court heard oral arguments in the case of Plank vs. Community Hospital challenging the constitutionality of the medical malpractice damages cap. Plank was represented by Robert S. Peck of the Center for Constitutional Litigation PC and John Muller of Montross, Miller, Muller, Mendelson & Kennedy at the hearing…Read More