Archives: Hospitals & Health Systems

Subscribe to Hospitals & Health Systems RSS Feed

Slow repeal of the ACA and its impact on rural healthcare and communities

This is the fifth article in our series on the effect of the “slow repeal” of the Affordable Care Act (ACA). This week’s article focuses on the potential impact of the slow repeal of the ACA on rural communities and healthcare. Continued Fragile System Leads to Uncertainty or Closure Causing Economic Ripple Effect Throughout Rural … Continue Reading

Don’t miss Emerging Issues in Healthcare Law

Emerging Issues in Healthcare Law is coming to the Big Easy. The American Bar Association’s 18th annual conference is slated for New Orleans March 8-11. Husch Blackwell is a platinum sponsor of this event featuring the most emergent topics facing the healthcare bar. As the industry faces changes and continues to grow under healthcare reform … Continue Reading

OIG updates policy regarding gifts of nominal value

On Dec. 7, 2016, the U.S. Department of Health & Human Services Office of Inspector General (OIG) released an update to its 2000 policy regarding gifts of nominal value given to a Medicare or Medicaid beneficiary. The update increases the nominal value of gifts given to a Medicare or Medicaid beneficiary to $15 per occurrence … Continue Reading

CMS finalizes new timeshare exception to the Stark law

In the 2016 Physician Fee Schedule Final Rule published on Nov. 16, 2014, the Centers for Medicare & Medicaid Services (CMS) finalized the proposed exception for timeshare arrangements that we discussed in our earlier blog post [80 Fed. Reg. 70,886, 71,300 (Nov. 16, 2015)]. As we stated in our earlier post, a timeshare or part-time “space use” … Continue Reading

November in Chicago: Fundamentals of Health Law conference

Attorneys, compliance officers, accountants, and other professionals who advise clients in the healthcare industry may want to consider attending a coming event next month in Chicago. Featuring Husch Blackwell attorneys Cori Turner and Bill Hopkins, the Fundamentals of Health Law will be held Nov. 15-17. The American Health Lawyers Association’s event will offer continuing education … Continue Reading

EPA proposes new rule for hazardous waste pharmaceuticals

On August 31, 2015, the Environmental Protection Agency (“EPA”) issued its long-awaited Management Standards for Hazardous Waste Pharmaceuticals Proposed Rule, which is designed to prevent facilities from disposing of hazardous waste pharmaceuticals by flushing them down the toilet or drain. The proposal creates a new subpart under the Resource Conservation and Recovery Act’s (“RCRA”) hazardous … Continue Reading

No Purple Communications exception applied to healthcare providers

In an Aug. 27, 2015, decision, a majority of the Board found that the Purple Communications standard, with respect to an employer’s email system, would apply without exception to healthcare providers and, in particular, for acute care hospitals. Contrary to the cogent arguments put forth by member Johnson in his dissent, the majority found there should … Continue Reading

New timeshare exception on the horizon

Proposed Stark exception could impact hospital and physicians timeshare/ part-time agreement arrangements In July 2015, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule pertaining to payment policies under the 2016 Medicare Physician Fee Schedule (“Proposed Rule”) (80 Fed. Reg. 41,685). In addition to changes to the Medicare Physician Fee Schedule and other … Continue Reading

Per-click leases back in business – but for how long?

The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion June 12, 2015, lambasting the Centers for Medicare & Medicaid Services’ (“CMS”) rationale in implementing the ban on “per-click” space and equipment leases under the Stark Law. This ban, which went into effect Oct. 1, 2009, was effectively challenged by the Council … Continue Reading

Husch Blackwell No. 7 among Modern Healthcare’s largest healthcare law firms; No. 5 on AHLA’s list

National healthcare publication Modern Healthcare yesterday announced Husch Blackwell LLP is the seventh-largest healthcare law firm in the U.S. according to its 2015 rankings, up from No. 12 last year. Utilizing differing measurement techniques, American Health Lawyers Association also ranked healthcare practices, placing Husch Blackwell as fifth-largest in the country in its 2015 list, released … Continue Reading

Still no word from DOL on changes to FLSA regulations

The DOL’s self-imposed February deadline for announcing new FLSA regulations redefining “white collar” exemptions has come and gone with without any action from the DOL. No new deadline has been announced; however, the DOL’s website suggests that it still hopes to release the new regulations soon. Stayed tuned, and we will report back when the … Continue Reading

Don’t let research on 'little' subjects get you in big trouble

Over the last few decades, the healthcare industry has come to recognize that research on children is necessary to determine the safest and most effective treatments for pediatric patients. Whether your institution is part of a nationally renowned research program or participates in a few pharmaceutical research studies a year, the following two issues are … Continue Reading

UPDATE: FTC victory creates challenge for physician acquisitions

The U.S. Court of Appeals for the 9th Circuit affirmed a lower court’s findings Feb. 10, 2015, that the acquisition by St. Luke’s Health System (“St. Luke’s”) of Saltzer Medical Group (“Saltzer”), a physician group consisting mostly of primary care physicians, violated Section 7 of the Clayton Act. This is the first case in which … Continue Reading

Changes coming to FLSA regulations – Time to get ready

In March 2014, President Obama directed the Secretary of Labor to prepare and propose new FLSA regulations. These new rules were to be announced late last year, but have been repeatedly delayed. Now it appears the new rules will be announced later this month. While the scope of the changes is unknown, it is anticipated … Continue Reading

HHS makes moves toward value-based payments

On Jan. 26, 2015, Secretary Sylvia M. Burwell announced the goals and a timeline of the U. S. Department of Health & Human Services (“HHS”) to move the Medicare program, and the healthcare system at large, toward paying providers based on quality, rather than quantity, of care they give to patients.… Continue Reading

Husch Blackwell Partner Brian Flood featured in Financier Worldwide forum on 'Managing Fraud and Bribery Risks in the Healthcare Sector'

Brian G. Flood of Husch Blackwell LLP‘s Austin office participated in a recent forum on “Managing Fraud and Bribery Risks in the Healthcare Sector.” The Q&A Forum forms part of a Special Report on Corporate Fraud & Corruption, which appears in the February 2015 issue of Financier Worldwide magazine. For the Q&A Forum, Financier Worldwide … Continue Reading

Unique Considerations in Healthcare M&A Part 1 – Due Diligence

Due diligence is often perceived as a mundane part of the mergers & acquisitions (M&A) process, but its importance in healthcare transactions is critical. Due diligence is one of the first steps of any transaction and involves a buyer undertaking an in-depth examination of the target to evaluate the business and uncover potential issues or … Continue Reading

Healthcare employers: Plan now for filing H-1B petitions for foreign national candidates, OPT employees

It’s time to begin preparing H-1B petitions for an early April filing and Oct. 1, 2015, effective date. Advance planning is crucial. Due to the improving economy and the backlog of demand from April 2014, the H-1B cap will likely be exceeded again this year. Employers that fail to file H-1B petitions on April 1 … Continue Reading

Husch Blackwell's Turner speaks at AHLA Fundamentals program

The American Health Lawyers Association (AHLA) Fundamentals of Health Law conference, Nov. 12-14 in Chicago, featured Husch Blackwell Partner Cori Turner as a speaker and key member of the planning committee. The conference primarily focused on ensuring attendees gained an understanding of laws and regulations for the health law industry, including Stark and Anti-Kickback, False … Continue Reading

Husch Blackwell attorneys address Ebola challenges

A Dec. 1 Strafford webinar on the legal and regulatory challenges of Ebola will feature five Husch Blackwell attorneys. The 90-minute CLE webinar with interactive Q&A will provide guidance to healthcare counsel and their clients in addressing HIPAA and EMTALA concerns when treating Ebola patients. The panel will discuss state and federal mandatory reporting requirements, … Continue Reading

HHS releases reminder about HIPAA rules in wake of Ebola outbreak

The U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) released a bulletin on Nov. 10 reminding entities covered under the Health Insurance Portability and Accountability Act (HIPAA) that the protections continue to be in effect during emergencies, including Ebola and other outbreaks. HHS wants to make sure healthcare providers are … Continue Reading

Texas Medicaid meddling with mid-levels

The Texas Health & Human Services Commission (HHSC) proposed changes on Oct. 17, 2014, to its regulations that largely prohibit “incident to” billing for advanced practice registered nurse (APRN) and physician assistant (PA) providers. Specifically, changes proposed to Tex. Admin. Code Title 1 §§354.1001 and 354.1062 prohibit a service performed by an APRN or PA … Continue Reading

OIG releases proposed rule amending, adding AKS safe harbors, addressing CMPL remuneration, gainsharing

The U.S. Department of Health & Human Services Office of Inspector General (“OIG”) issued a proposed rule Oct. 2 that would add new safe harbors to the Anti-Kickback Statute (“AKS”) regulations and interpret existing, statutory safe harbors. The rule would also amend the Civil Monetary Penalties (“CMP”) regulations by adding statutory exceptions to the regulatory … Continue Reading

Upcoming webinar to offer legal, regulatory considerations for healthcare professionals preparing for Ebola

Now that patients with Ebola have landed on U.S. soil, hospitals and other healthcare providers must prepare for the possibility that a patient with Ebola will walk through the doors. In this Oct. 30 webinar, Husch Blackwell presenters will look at some of the pressing legal issues related to treating patients with communicable diseases such … Continue Reading
LexBlog