Articles and Blogs

On June 30, 2011, CMS published a Proposed Rule (“Proposed Rule”) to retract the November 29, 2010 Medicare Physician Fee Schedule Final Rule (“Final Rule”) that required a physician’s or non-physician practitioner’s (“NPP”) signature on all paper requisitions for clinical diagnostic laboratory tests paid on the basis of the Clinical Laboratory Fee Schedule.  CMS proposed…Read More

The year is half over, and there have been many developments in the employment and labor field that have us all talking and wondering what lies ahead.  The Supreme Court has made several rulings that will have a significant impact on employment litigation.  Most recent is the Wal-Mart decision that put an end to a…Read More

Recently, the Indiana State Department of Administration, on behalf of Indiana’s Family and Social Services Administration (FSSA), posted a Request for Proposals to contract with multiple attorneys for Indiana Medicaid estate recovery.  The Request for Proposals is at http://www.in.gov/idoa/proc/bids/rfp-11-84/ .  It appears Indiana plans to get much more aggressive in Medicaid estate recovery, including opening…Read More

Indiana recently enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the “Act”).  The Act is effective July 1, 2011, and is designed to eliminate multi-state jurisdictional issues and “Granny snatching” cases.  The Act is located in Indiana Code 29-3.5. Typically, the fact pattern arises when (1) an Indiana older adult resident visits a…Read More

This morning, the National Labor Relations Board (Member Hayes dissenting) proposed reforms of the procedures it follows prior and subsequent to conducting a secret ballot election to determine if employees in the private sector wish to be represented for purposes of collective bargaining. The proposed amendments are intended to reduce unnecessary litigation, streamline pre- 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. Executive Summary Effective July 1, 2011, the  Centers for Medicare and Medicaid Services  (“CMS”) will prohibit Medicaid payments for medical treatment…Read More

On June 9, 2011, the Internal Revenue Service (“IRS”) released Announcement 2011-37 (“Announcement”) indicating the entire Part V, Section B (“Part V.B”) of Schedule H to the Form 990 will be optional for tax-exempt hospitals filing for the 2010 tax year.  Tax-exempt hospitals are still expected to complete all other parts of Schedule H, including…Read More

The National Labor Relations Board, in a 3 to 1 decision last week, ruled that a union’s use of a 16-foot high and 12-foot wide inflatable rat balloon on public property outside of a hospital’s main vehicle entrance was lawful and not prohibited secondary boycott activity. This case began in 2003 when the Sheet Metal…Read More

Today, the Department of Health and Human Services (“HHS”) formally published its proposed regulations implementing changes to the Accounting of Disclosures provisions under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  The proposed regulations arise from requirements in the Health Information Technology for Economic and Clinical Health Act (“HITECH”), passed as part of…Read More