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Husch Blackwell attorneys celebrate Nobel Prize winner

For Husch Blackwell’s Northwestern University grad school alums, Laura Labeots (Ph.D. 1992) and Ed Gamson (Ph.D. 1970), it was a huge thrill to learn that one of their own, a fellow chemist from Northwestern, had won the 2016 Nobel Prize in Chemistry last week. Sir J. Fraser Stoddart, who specializes in Nanotechnology, will be awarded … Continue Reading

How to buy distressed healthcare assets

Over the last several years, many healthcare providers have struggled financially due to decreased reimbursements and changing payment models. Hardest hit are providers in small towns that do not benefit from being part of larger healthcare systems. Seeking relief, they may initiate Chapter 11 bankruptcy proceedings and sell assets to third parties to relinquish liabilities.… Continue Reading

Using Captive Insurance to Create Value for Your Company – Part VI

The following is Part VI of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting will focus primarily on … Continue Reading

Using Captive Insurance to Create Value for Your Company – Part V

The following is Part V of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting and the one to … Continue Reading

Using Captive Insurance to Create Value for Your Company – Part IV

The following is Part IV of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting and the two to … Continue Reading

Using Captive Insurance to Create Value for Your Company – Part III

The following is Part III of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting and the three to … Continue Reading

Using captive insurance to create value for your company – Part II

The following is Part II of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting and the four to … Continue Reading

Using captive insurance to create value for your company

The following is Part I of a six-part series of blog postings regarding whether a captive insurance subsidiary or one owned by the owners or affiliates of a company may represent an effective risk management tool that also provides economic benefits. Although there are various types of captive insurance, this posting and the five to … Continue Reading

Texas is the first state to recognize Supported Decision-Making as alternative to Guardianship

Effective Sept. 1, 2015, there are significant changes to Texas Guardianship laws. For the first time, probate courts must consider alternatives to guardianship, and supports and services available to the proposed ward before a guardianship is created. Two new alternatives to appointing a guardian now exist: Designation of Guardian Before the Need Arises and Alternate … 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

Novitas Requiring New Medicare EFT for All Providers

As many may already know, CMS is transiting most Texas providers from Trailblazer to Novitas Solutions, Inc. (Novitas) as part of the MAC JH transition.  With this transition, Novitas requires new Electronic Funds Transfer (EFT) form (CMS-588) be completed and submitted for ALL practices and providers.  A notice should arrive to the providers during the … Continue Reading

A Little Relief

On July 16, 2012 Medicare will no longer revoke Medicare billing privileges if a provider fails to respond to a Medicare  request for additional information.  42 CFR 424.535 allows Medicare to revoke a provider’s billing privileges if , among other things, the provider failed to respond to a request for enrollment information from Medicare.  Beginning … Continue Reading

Assessing and Allocating the Risks of Demolition by Implosion

Clearing a building site inside a crowded city can often be efficiently done by “imploding” existing structures utilizing high explosives.  While the science of demolition by implosion is mature and can be implemented safely, neighboring property owners have legitimate concerns about damage from flying debris, dust, ground vibration and air blast overpressure.  At the same … Continue Reading

Social Media and Health Care: “The Good, the Bad and the Ugly”

There can be no debate that social media has successfully invaded every aspect of our culture and our lives.  I am sticking with a fairly mainstream definition: Social media includes the various online technology tools that enable people to communicate easily via the internet to share information and resources. To the extent you find that … Continue Reading

Implementation of the Physician Payments Sunshine Act Delayed

On May 3, 2012, the Centers for Medicare and Medicaid Services (CMS) Blog posted a delay to the implementation of the Physician Payments Sunshine Act.  CMS stated that, in order to provide time for organizations to prepare for data submission and to sufficiently address the important input CMS received during the rulemaking process, CMS will … Continue Reading

Should Your Lease Include an Arbitration Clause?

Arbitration clauses in lease agreements have become commonplace and are often included as a matter of course. In theory, arbitration is supposed to be less expensive, provide faster results, and generally be more efficient than traditional litigation. In reality, many have found arbitration to be just as expensive as litigation, if not more so, and … Continue Reading

$44 Million Judgment Against Tuomey Hospital for Stark Violations Overturned

On March 30, 2012, the Fourth Circuit reversed a $44 million judgment against Tuomey Hospital (Tuomey) for contracts that Tuomey had with physicians that allegedly violated the federal Stark law.  Stark law prohibits physicians from referring patients to health care entities for designated health services that will be paid for by Medicare if the physician, … Continue Reading

Texas Legislature Enacts New Laws Specifying Requirements for Lien Waivers and Releases

The Texas Legislature has enacted new laws specifying requirements for lien waivers and releases. These new laws protect laborers and materialmen by preserving their lien rights until they get paid. The old, common practice of forcing subcontractors to sign otherwise enforceable “blanket lien waivers,” in exchange for the privilege of working on a project, is … Continue Reading

The Texas Medicare Administrator Contractor Changes

The Texas Medicare Administrator Contractor changes from TrailBlazer to Novitas (formerly Highmark Medicare Services) For many years, TrailBlazer Health Enterprises, LLC  (TrailBlazer) was both the fiscal intermediary (Part A) and carrier (Part B) for providers located in Texas.  TrailBlazer was responsible for the fee-for-service Medicare payments, local coverage decisions and physician enrollment into the Medicare … Continue Reading

New Day for Groundwater Rights in Texas (Part 2)

Here are some of the likely effects on landowners of the new Edwards Aquifer Authority v. Day decision by the Texas Supreme Court: (1)    Landowners within the jurisdiction of the Edwards Aquifer Authority, who prior to this thought that they had no hope of pumping more groundwater than allowed by permits based on their historic … Continue Reading

OSHA Update: Needlesticks and Sharps Injuries, Workplace Violence, and Workplace Injuries

Needlesticks and Sharps Injuries Congress passed the Needlestick Safety and Prevention Act (the NSPA) in 2001.  The NSPA directed OSHA to revise its Bloodborne Pathogens Standard to require employers to provide safety-engineered devices to workers who are at risk for exposure to bloodborne pathogens, to review the control plans describing employee protection measures at least … Continue Reading

Providers Be Aware of Your Reassignments!

The Office of the Inspector General (OIG) issued a press release alerting doctors and other providers to expect increased scrutiny from the OIG when reassigning their Medicare benefits to other entities.1  On February 8, 2012, OIG cautioned all providers to be more mindful of services billed under the provider’s Medicare number.  As a general rule, … Continue Reading
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