Corporate Counsel News - Trends and Developments,AHCA: Will it return to...
By Pamela Wolf, J.D.Among the growing concerns about the House-passed American Health Care Act are its treatment of previously considered "essential benefits" and its potential impact on individuals...
View ArticleCorporate Counsel News - Trends and Developments,PRRB lacks jurisdiction to...
By Paige Arnold, J.D.The PRRB lacks authority to review or mandate revisions of the methodology used by CMS to calculate supplementary security income (SSI), according to a PRRB decision. The PRRP was...
View ArticleCorporate Counsel News - Trends and Developments,Provider not entitled to...
By Jeffrey H. Brochin, J.D.A U.S. district court lacked subject matter jurisdiction to consider the merits of a Medicare provider’s challenge to the Medicare Appeals Council’s decision dismissing the...
View ArticleCorporate Counsel News - Trends and Developments,Maybe prior salary can be...
Citing 35-year-old precedent that a pay differential based on an employer’s use of prior salary can be an acceptable "differential based on any other factor other than sex," the Ninth Circuit has...
View ArticleCorporate Counsel News - Trends and Developments,ACA’s Medicaid expansion...
By Kathryn S. Beard, J.D.Hospitals in states that expanded Medicaid under the ACA saw large reductions in uncompensated care between 2013 and 2015, realizing estimated savings of $6.2 billion. Overall,...
View ArticleCorporate Counsel News - Trends and Developments,Telehealth may drive medical...
By Carol Potaczek, J.D.Direct-to-consumer telehealth services—touted as a convenient and less-expensive way to get care for minor ailments—appear to prompt new use of medical services and thus may...
View ArticleCorporate Counsel News - Trends and Developments,Specific claims that...
By Rebecca Kahn, J.D.A Brazilian petrochemical company’s SEC filings detailing certain prices, while omitting the long-running bribery scheme that kept those prices low, sufficiently pled Exchange Act...
View ArticleCorporate Counsel News - Trends and Developments,Board doesn’t buy SNF’s...
By Sarah E. Baumann, J.D.A skilled nursing facility (SNF) did not comply with regulations governing the prevention of abuse and accidents when a certified nursing assistant (CNA) belittled and forcibly...
View ArticleCorporate Counsel News - Trends and Developments,Hospital was not liable to...
By Paige Arnold, J.D.A hospital was not liable to a former employee for retaliation under state statute for negative post-termination communications, a federal court in Maryland ruled. The court found...
View ArticleCorporate Counsel News - Trends and Developments,Needed health savings in...
By Lauren Bikoff, MLSProjected savings targets needed to cover health care in retirement went up last year after several years of decline, but are still generally lower than they were five years ago,...
View ArticleCorporate Counsel News - Trends and Developments,SNF’s failure to follow its...
By Kayla R. Bryant, J.D.Golden Living Center—Superior (Golden), a skilled nursing facility (SNF) in Wisconsin, did not adequately protect its residents from the spread of infection when it failed to...
View ArticleCorporate Counsel News - Trends and Developments,Classifying an employee as...
By Ronald Miller, J.D.An all too familiar claim is that an employer misclassified an employee as exempt from the overtime protections of the FLSA and the corresponding state law. Employees covered by...
View ArticleCorporate Counsel News - Trends and Developments,AHA asks MedPAC to slow its...
By Kayla R. Bryant, J.D.The American Hospital Association (AHA) believes that changes to the implementation of the Medicare Access and CHIP Reauthorization Act (MACRA) (P.L. 114-10) should wait until...
View ArticleCorporate Counsel News - Trends and Developments,Hospitals prepared to...
By Bryant Storm, J.D.Self-referral to physician-owned hospitals results in overutilization and higher health care costs, the Federation of American Hospitals (FAH) and the American Hospital Association...
View ArticleCorporate Counsel News - Trends and Developments,Rehab company’s legal...
By Anthony H. Nguyen, J.D.A complaint alleging that Baker Donelson committed legal malpractice by providing erroneous advice to The Summit Health and Rehab Services, Inc. (Summit), namely that Summit...
View ArticleCorporate Counsel News - Trends and Developments,2016: Looking back on the...
By Pamela Wolf, J.D.The year 2016 will undoubtedly be remembered as an unpredictable roller coaster for the labor and employment scene, with controversial regulations both issued by federal agencies...
View ArticleCorporate Counsel News - Trends and Developments,New EBSA guidance includes...
By Carol Potaczek, J.D.The EBSA has issued Frequently Asked Questions (FAQs) addressing special enrollment for group health plans, coverage of preventive services, and health reimbursement arrangements...
View ArticleCorporate Counsel News - Trends and Developments,Religious discrimination...
By Jessica Y. Washington, J.D.A Muslim medical assistant’s claim of religious discrimination failed where the health center that employed her could prove that her termination resulted from her...
View ArticleCorporate Counsel News - Trends and Developments,CMS reverses position, will...
By Kayla R. Bryant, J.D.CMS’ updated guidance to surveyors on facility treatment of justice involved individuals removes the previous disallowance of specialized units and the third example scenario...
View ArticleCorporate Counsel News - Trends and Developments,‘Mid-build’ outpatient...
By Kayla R. Bryant, J.D.Off-campus provider-based hospital outpatient departments (HOPDs) that qualify for the mid-build exception must submit the required materials to their Medicare Administrative...
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