Articles and Blogs

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

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