Articles and Blogs

On August 1, 2012, the Centers for Medicare and Medicaid Services (“CMS”) published a display copy of the Final Rule for the FFY 2013 Inpatient Prospective Payment System (“PPS”).  Hospitals will see an approximately 2.3% net increase in payments in FFY 2013. Documentation and Coding Adjustment CMS continues to refine payments via documentation and coding…Read More

“Quickie Election Rule” – NLRB Loses Round 2 The NLRB has lost another round in the battle over its so-called “Quickie Election Rule.”  The federal court that on May 14, 2012 put a halt to the NLRB’s rule that would have speeded up union elections in the private sector (see our Employment Law News Article) rebuffed the…Read More

After facing significant reimbursement cuts last year, skilled nursing facility (SNF) providers have reason to celebrate after the Centers for Medicare and Medicaid Services (CMS) released the FY 2013 SNF Prospective Payment System (PPS) schedule.  Effective October 1st of this year, SNF providers can expect a 1.8% increase in their PPS reimbursement.  While a modest bump, the…Read More

A July 24, 2012 article in the New York Times counted Louisville, Kentucky as a city that is touting itself as a market for business opportunities in the elder care arena. The article cites the construction of a new eight story commercial office and laboratory building near downtown Louisville as signaling an expansion of one…Read More

In Gister v. American Family Mutual Insurance Company, 2012 WI 86 (July 11, 2012), the Wisconsin Supreme Court held that charitable hospitals in Wisconsin may pursue payment for the medical care provided to Medicaid recipients by filing a lien against the settlement between the patient and the insurance company insuring the liability of the tortfeasor…Read More

Rep. Boustany Introduces Bill to Allow Physician Incentive Payments Meets with Hall Render to Discuss Stark Law Reform On Wednesday, Rep. Charles Boustany, M.D. (R-LA), a retired cardiovascular surgeon, introduced the Aligning Incentives for Better Patient Care Act of 2012 (H.R. 6176), which was co-sponsored by Rep. Tom Price, M.D. (R-GA).  The bill would revise the Stark…Read More

Illegal Conduct at Work What is the right thing to do when you become aware that your employee has done something illegal at work?  Some employers may be reluctant to tell law enforcement authorities what their employee did out of fear of being sued for defamation by the employee.  A very recent case decided by the…Read More

This afternoon, the Centers for Medicare & Medicaid Services (CMS) issued a notice updating the Medicare Hospice Wage Index with an estimated 0.9% increase in payments for FY 2013. The payment increase is the net result of a 1.6 percent increase in the hospital market basket update, which is offset by a 0.7 percentage point decrease in…Read More

In the near future, Regional Home Health Intermediaries (RHHIs) and Parts A and B Medicare Administrative Contractors (A/B MACs) will be contacting home health agencies (HHAs) that have previously submitted claims for ordered or referred services using a group name and national provider identifier (NPI).  HHAs will be informed they should begin submitting such claims…Read More

Pregnant Employee with 10 Pound Lifting Restriction – What to Do? Is it unlawful discrimination for an employer to place a pregnant part-time merchandise stocker with a 10-pound lifting restriction on an involuntary unpaid leave? In this recent case decided by the Seventh Circuit, the Court said “No“. . . there was no unlawful discrimination…Read More