Articles and Blogs

On November 1, 2011, the Indiana Court of Appeals issued a decision that will have an impact on all Indiana employers that have No-Fault attendance policies.  In particular, in the unemployment compensation setting, an employee will not be found to have been discharged for “just cause” (and therefore disqualified from receiving benefits) if the discharge was based…Read More

One of the most interesting recent developments is the NLRB’s focus on private employer polices that restrict employees on what they can say about their company and the people who work for it. Last month, an Administrative Law Judge for the NLRB ruled that an employer’s policies on “Courtesy,” “Unauthorized Interviews” and “Outside Inquiries Concerning…Read More

The Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program Round 2 and the national mail-order competitions are coming soon. Though the bidding schedule has not yet been released, suppliers interested in bidding should begin their preparations now to help avoid unnecessary delays or rejection of a bid application. Any supplier who plans…Read More

On October 31, 2011, the final rule (Rule) to update the Home Health Prospective Payment System (HH PPS) for Calendar Year 2012 was published in the Federal Register.  As a result of the Centers for Medicare & Medicaid Services (CMS) implementing the Rule, home health agencies (HHAs) will experience a decrease in payments of approximately…Read More

A case based upon FOIA documents may be subject to the public disclosure bar. A difference of scientific judgment does not create the basis for an FCA suit. Whistleblowers who wish to dismiss their suits after the Government refuses intervention may not hide their identity from the defendants, even if the defendant is their employer….Read More

Executive Summary. On October 24, 2011, the Centers for Medicare and Medicaid Services (“CMS”) released a proposed rule (“Proposed Rule”) to revise a number of hospital and critical access hospital (“CAH”) conditions of participation (“CoPs”).  The revisions would implement the President’s Executive Order 13563 calling for the removal or revision of obsolete, duplicative or unnecessary…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.  “WE HAVE MADE SIGNIFICANT MODIFICATIONS TO REDUCE THE BURDEN AND COST FOR PARTICIPATING ACOs”1 Background Introduction.  On October…Read More

Pursuant to Section 6111 of the Affordable Care Act enacted on March 23, 2010, and the final rule published on March 18, 2011 in the Federal Register, a nursing facility must be offered the opportunity to request an Independent Informal Dispute Resolution (IIDR) if the Centers for Medicare & Medicaid Services (CMS) imposes a civil…Read More