Articles and Blogs

On October 5, 2011, the National Labor Relations Board announced that it has postponed the implementation date for its new Notice Posting Rule by more than two months in order to allow for “enhanced education and outreach to employers,” particularly those who operate small and medium sized businesses.  The posting requirement for most private employers…Read More

Executive Summary On October 5, 2011, the Office of Inspector General (“OIG”) published its proposed Work Plan for Fiscal Year (“FY”) 2012 (“Plan”).  The Plan, which is published annually and describes the OIG’s new and ongoing audit and enforcement priorities for the upcoming year, is helpful in identifying corporate compliance risk areas and providing focus…Read More

The Centers for Medicare and Medicaid Services (“CMS”) released a final rule modifying the Medicare Electronic Prescribing Incentive Program (“eRx Program”) on August 31, 2011.  The eRx Program provides an incentive to “Eligible Professionals” who adopt e-prescribing technology beginning in 2009 and a payment adjustment (or penalty) for late adopters beginning in 2012.  The 2012…Read More

A good reminder for leases between health care entities and physician groups is that under the Stark regulations, the space rented is reasonable and necessary for the legitimate business purposes of the lease and is used exclusively by the lessee (during such times when the lessee is using the space) and is not shared with…Read More

On September 23, 2011, the Department of Health and Human Services (DHHS) Centers for Medicare & Medicaid Services (CMS) published the initial release of the Medicaid Program Integrity Manual.  The new Manual is designed to encourage continuity and consistency within the Medicaid Integrity Program (MIP) by providing a comprehensive guide to MIP’s operations.  The Manual…Read More

The Washington Post has reported the Community Living Assistance Services and Supports Act (the CLASS Act) has been indefinitely shelved by the Obama administration.  The CLASS Act was enacted under PPACA as a voluntary long-term care insurance program.  Since its enactment, the CLASS Act has been subject to scrutiny and criticism related to the sustainability of…Read More

REVENUE OPPORTUNITY CMS recently announced that, beginning with the FFY 2013 Medicare Wage Index, allowable Defined Benefit Pension expenses will be based upon each hospital’s actual cash contributions to the plan over a 3-year period.  Thus, the FFY 2013 wage index will be based upon each hospital’s average funding contribution for FFYs 2008, 2009 and…Read More

Many employers ask on their employment applications whether the applicant has ever been convicted of a felony or misdemeanor.  Often a failure to truthfully answer that question is considered to be cause for either rejecting the applicant or for a later discharge if the lie is discovered after the person is hired.  A new Indiana…Read More