Articles and Blogs

The year that just ended was filled with an amazing volume of significant developments coming from the National Labor Relations Board affecting private employers.  Those developments were driven by a Board that was never up to its full complement of five members – until now. Recess Appointments to the NLRB Bring Controversy On January 4,…Read More

The Medicare Payment Advisory Commission (MedPAC) voted on Wednesday of this week to recommend to Congress a significant change in the way skilled nursing facilities (SNFs) are reimbursed under the Medicare program within the next two years. 

Under the Patient Protection and Affordable Care Act (PPACA), skilled nursing facilities (SNFs) are required to seperately report expenditures for wages and benefits for direct care staff (breaking out (at a minimum) registered nurses, licensed professional nurses, certified nurse assistants, and other medical and therapy staff).  CMS recently posted updates to the Provider Reimbursement Manual detailing…Read More

Effective January 1, 2012, all standard and/or complaint surveys initiated on or after January 1, 2012, that generate an enforcement action, will be subject to the new Federal requirements governing the Independent IDR process.  The State survey agency must develop a written process that will then be approved by the Centers for Medicare & Medicaid…Read More

The Department of Justice (“DOJ”) announced another I-9 settlement in which the University of California San Diego Medical Center agreed to pay a $115,000 civil penalty for improper I-9 procedures.  In addition to the civil penalty imposed, the organization must also implement new I-9 procedures, conduct I-9 training and work with the DOJ moving forward…Read More

In December, the Office of the Inspector General (OIG) released an initial series of videos aimed at providers that focus on compliance issues.  These videos are part of the Health Care Fraud Prevention and Enforcement Action Team (HEAT) Provider Compliance Training initiative.  Health & Human Services Inspector General Daniel Levinson stated the videos are intended…Read More

January 9, 2012 Indiana’s Right-to-Work Battle Heats Up The Indiana General Assembly is “Ground Zero” in the epic battle over the so-called “Right-to-Work” legislation. So much has been written about “Right-to-Work” that it makes some sense to understand what the Indiana proposed legislation actually says. Some Background about “Right-to-Work” Most private non-governmental employers are covered…Read More

In July 2011, the Court of Appeals handed down its opinion in Campbell v. Chambers, 951 N.E.2d 855 (Ind. Ct. App. 2011). The issue in this case was whether or not a mother was precluded from presenting evidence that there was a breach in the standard of care relating to her claim for negligent infliction…Read More

Recently, the parents of a stillborn baby sued the midwife, health care center[1] and hospital for wrongful death and negligent infliction of emotional distress, the Marion Superior Court in Indianapolis granted the defendants summary judgment. The Court of Appeals reversed, holding that the parents have a valid claim for negligent infliction of emotional distress and…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.   Overview On December 21, 2011, CMS issued a notice soliciting applications for the Independence at Home (“IAH”) Demonstration,…Read More