Articles and Blogs

If you are a tenant in a medical office building and do not appreciate the difference between “rentable” area and “usable” area you may be paying more (or less) rent for the space than what is fair and reasonable.  In May, the Building Owners and Managers Association (“BOMA”) updated its measurement methodology for office buildings. …Read More

In 2010, a number of decisions were handed down by state courts reviewing property tax exemptions for hospitals and healthcare providers.  Out of those decisions, the opinion by the Illinois Supreme Court in Provena Covenant Medical Center v. The Department of Revenue deserves special attention. In its opinion, the Illinois Supreme Court reviewed the facts surrounding a…Read More

Yesterday, the United States Supreme Court issued its decision in Thompson v. North American Stainless, LP, and answered in the affirmative the question of whether an employee who is terminated because of the filing of a charge of discrimination by a closely related employee may sue for retaliation under Title VII. What the Case was…Read More

As a reminder, the new Joint Commission Standard MS.01.01.01 takes effect on March 31, 2011. Hospitals that have not already initiated the revision process to ensure compliance with the new Standard should promptly do so. The Joint Commission announced its approval of revisions to MS.01.01.01 (formerly known as MS.1.20) on March 18, 2010. As part…Read More

Catholic owners of real estate often require, by imposition of written use restrictions in leases, deeds and recorded covenants, adherence to the Ethical and Religious Directives for Catholic Health Care Services (the “ERDs“).  The ERDs were promulgated, and are occasionally modified by, the United States Conference of Catholic Bishops.  The ERDs are  binding upon all Catholic…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.  Value-Based Purchasing Program – A Broad Overview On January 13, 2011, the Centers for Medicare and Medicaid Services…Read More

On January 11, 2011, the United States Supreme Court unanimously upheld a Treasury Department regulation that treats wages paid to medical residents as subject to FICA taxes. This decision in Mayo Foundation for Medical Education and Research v. United States, Sup. Ct. Dkt. No. 09-837 (January 11, 2011), should mark the end of many years…Read More

We are pleased to report  the D.C. Circuit Court of Appeals issued an opinion this morning in Cape Cod Hospital, et al. v. Sebelius, Case No. 09-5447, a case that impacts the IHA Rural Floor Budget Neutrality Adjustment Group Appeal Initiative.  The D.C. Circuit’s opinion vacates the district court’s grant of summary judgment in CMS’s…Read More

The Fraud Enforcement Recovery Act of 2009 (“FERA”) was enacted on May 20, 2009. Among other things, FERA significantly amended the False Claims Act (“FCA”) to make it easier for whistleblowers to bring claims against Medicare and Medicaid providers and other government contractors. It also created an entirely new type of “false claim,” improper retention,…Read More