Articles and Blogs

The operational and financial role of health information technology (“HIT”) is rapidly increasing.  The provision of HIT services and products is generally governed by lengthy and complex agreements.  Unless you are directly and actively involved in the negotiation process for each product or service, reviewing, understanding and evaluating these agreements can be a daunting task. …Read More

This week, the Centers for Medicare & Medicaid Services (CMS) updated Section 40.1 of Publication 100-1, the Medicare General Information, Eligibility and Entitlement Manual, to reflect Section 3108 of the Patient Protection and Affordable Care Act (PPACA).  This update permits physician assistants to perform the initial certifications and recertifications of a beneficiary’s need for skilled nursing…Read More

CMS’s most recent monthly report for the EHR Incentive Program shows rapid growth in the number of Eligible Hospitals and Eligible Providers registered for the program and receiving payments under the programs.  In December, Medicare payment tripled with $89 million in payments to Eligible Professionals and $374 million in payments to Eligible Hospitals and CAHs.   Total Medicare payments for…Read More

So-called “superbugs”, those bacteria strains that have developed resistance to antibiotics, have long generated high levels of concern for hospitals and long-term care facilities.  These infections are difficult to treat, and often generate serious complications for individuals with already impaired immune systems.  The Wall Street Journal (WSJ) today published a note detailing efforts by researchers to…Read More

Some Employees of Religious Employers Are Not Protected by Discrimination Laws On January 11, 2012, the Supreme Court of the United States, in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, definitively ruled that the First Amendment bars employment discrimination suits that challenge a religious organization’s decision to fire a “minister.”  Although the…Read More

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