Articles and Blogs

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

For the past several years, the Internal Revenue Service (“IRS”) has increased its attention on tax-exempt bond post-issuance compliance.  Through the introduction of Form 990, Schedule K (Supplemental Information on Tax-Exempt Bonds), revisions to its Voluntary Closing Agreement Program (“VCAP”) to promote the implementation of written post-issuance compliance procedures, the use of compliance check questionnaires…Read More

Medicare/Medicaid Overhaul Not Expected During Lame Duck Session   The Chairman and Ranking Member of the House Budget Committee agreed this week it is very unlikely that Congress will make significant changes to Medicare and Medicaid during the lame duck session that follows the November election.  Rep. Paul Ryan (R-WI) and Rep. Chris Van Hollen (D-MD)…Read More

The ADA requires employers to attempt to reasonably accommodate qualified individuals with a disability.  But what about a Certified Mammography Technician who suffered 14 epileptic seizures on the job in a two year period? In this case a federal court held that this hospital employee was not qualified and also presented a direct threat to…Read More

Overview The Centers for Medicare and Medicaid Services (“CMS”) has finalized another rule (“Final Rule”) implementing the President’s Executive Order 13563 calling for the removal or revision of obsolete, duplicative or unnecessary regulatory provisions for the purpose of reducing burdens and costs for a variety of providers and suppliers.  The Final Rule was published in…Read More

Complaints of harassment don’t always result in liability for an employer.  Here’s a case in point. A Syrian born Muslim physician employed at Stroger Hospital in Cook County wrote letters and lodged formal complaints over the years about his treatment by a female coworker who was also a physician in the same department.  The physician…Read More

Background On Tuesday, May 15, 2012, Cardinal Health (“Cardinal”) and the Drug Enforcement Agency (“DEA”) reported that they had reached a settlement related to Cardinal’s Lakeland, Florida distribution center’s (“Lakeland’s”) DEA license.  This settlement resolves the ongoing litigation between Cardinal and the DEA due to the DEA’s Immediate Suspension Order (“ISO”) issued to Lakeland on…Read More

On May 2, 2012, the National Association of Bond Lawyers (“NABL”) submitted suggested clarifications and changes to Revenue Procedure 97-13 (“Rev. Proc. 97-13”) to the Internal Revenue Service (the “IRS”).  These comments were prepared by a subcommittee of NABL’s Tax Committee, which subcommittee included Kendall Schnurpel of Hall Render’s Health Care and Public Finance Department. …Read More

Vermont Governor Peter Shumlin recently signed Vermont House Bill 413 into law.  The new law adds a new section to Vermont’s laws on abuse, neglect and exploitation of vulnerable adults residing in long term care facilities.  The new section allows Vermont’s Attorney General the right to pursue a civil action against individuals, nursing homes and…Read More

On May 10, 2012, the Centers for Medicare and Medicaid Services (“CMS”) released an advance copy of a final rule (“Final Rule”) revising several critical access hospital (“CAH”) Medicare conditions of participation (“CoPs”).  These changes, together with a number of changes to the hospital CoPs, will benefit hospitals of both types by allowing for increased…Read More