Articles and Blogs

On Thursday, February 2, 2012, the Centers for Medicare and Medicaid Services (“CMS”) issued in the Federal Register its decision not to propose changes to the current Emergency Medical Treatment and Labor Act (“EMTALA”) regulations.  However, in this notice CMS is seeking additional comments on the applicability of hospitals with specialized capabilities to accept transfers…Read More

Hall Render’s latest issue of the Employment Law Briefing summarizes these and other interesting developments: Now There Are Twenty-Three Speaking of developments, Indiana became the 23rd state to pass a Right to Work law.  That means that any agreement that requires employees to join a union or pay dues as a condition of employment is unlawful and…Read More

Many employers use the U.S. Department of Labor’s model FMLA forms as the basis of their paperwork in granting FMLA leaves.  Take a look at the top right hand corner of those forms.  It’s very likely that it says the form expires on December 31, 2011 (or even earlier).  In February the DOL issued new…Read More

HIPAA covered entities are required to submit reports of small breaches (impacting less than 500 individuals) that occurred during calendar year 2011 to the Office for Civil Rights (“OCR”) by February 29, 2012 pursuant to the HIPAA Breach Notification Rule.  Reports must be submitted electronically through OCR’s breach notification web page, which can be found by…Read More

The 2012 Life Safety Code (LSC) contains numerous provisions that address culture change in nursing facilities.  These new provisions are somewhat of a liberalization of standards to permit a more home-like environment for residents, rather than an institutional setting.  I am expecting the Centers for Medicare & Medicaid Services (CMS) to release a Survey &…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. Twelve Attorneys General and a State Governor Support the Affordable Care Act Medicaid Expansion Provision On January 10,…Read More

Consolidation continues to be the watchword in the health care industry.  Falling reimbursement, economies of scale, coordination of care and industry uncertainty drove provider consolidation in 2011 and will continue to drive provider consolidation in 2012.  As hospitals and physicians look to position themselves strategically for a post-health care reform world, the pace of consolidation,…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. On February 10, 2012, President Obama announced that his Administration will continue with its plan to mandate that…Read More

An article in the New York Times discussed a growing trend away from the utilization of nursing facilities in favor of managed care and home care.  In light of reimbursement cuts from Medicare and Medicaid, the push to home health, managed care, and the Program of All-Inclusive Care for the Elderly (PACE) has received enthusiastic response from some patients…Read More

In an important decision for long-term care providers, the United States Supreme Court (SCOTUS) held that state and federal courts must enforce the Federal Arbitration Act (FAA) with respect to all arbitration agreements covered by that statute, including pre-dispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes.