Articles and Blogs

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

In our Employment Law News article of August 29, 2011, we advised of the National Labor Relations Board’s (NLRB) new requirement that most private sector, non-governmental employers post a Notice of Employee Rights under the National Labor Relations Act.  When the NLRB made its announcement in August, the official posters were not yet available.  On…Read More

On August 23, 2011, CMS invited health care providers to apply to help test and develop four different models of bundled payments. This Initiative is part of CMS’ overall effort under the Affordable Care Act to better coordinate care among providers. Unlike the criticism CMS received regarding the complexity of the Shared Savings Program, by…Read More

Yesterday, CMS sent a new transmittal to the state survey agencies on the use of feeding tubes in nursing homes. In short, F321 has been combined into F322 and according the CMS the changes were made to provide nursing home surveyors with guidance to determine compliance with use of feeding tubes by nursing homes.  The…Read More