Outpatient Surgery Magazine recently published an article describing a case in New Jersey in which an ASC successfully defended an action brought by three physicians who were forced to sell their ownership interests in the ASC due to the physicians’ failure to meet the “one-third procedures test” under the applicable federal anti-kickback statute safe harbor. 

Today the Centers for Medicare and Medicaid Services (CMS) posted a pre-publication version of a proposed rule regarding the reporting and returning of overpayments.  The proposed rule is intended to address requirements implemented by the Patient Protection and Affordable Care Act (ACA).  Although the proposed rule offers some guidance with regards to some significant issues

First, Happy Valentine’s Day!  Second, the rest of this post has absolutely nothing to do with Valentine’s Day.


“Living trusts” designed to avoid probate have not found as widespread acceptance in Texas as in some other states.  This is likely due to our independent administration procedures that allow most estates to be settled with

Recently-issued interpretive guidance related to rehabilitation and respiratory care services under hospital Conditions of Participation (CoPs) has prompted the American Hospital Association (AHA) to send a request to Centers for Medicare & Medicaid Services (CMS) to clarify the confusion caused by the guidance.  Specifically, Transmittal No. 72, issued on November 18, 2011, states that a

In the 2011 regular legislative session, Senate Bill 1661 was passed, and as of January 1 of 2012, is law.  The law requires that Non-Profit Health Organizations (“NPHO”) (formerly known as 5.01(a)’s), ensure through policies, that their employed physicians’ professional judgments are not interfered with, controlled, or otherwise directed by the NPHO.  To comply with

Senate Bill 192 Protects Texas Nurses from Retaliation For Engaging in Patient Advocacy Activities

Effective September 1, 2011, SB 192 expands Section 301.52 of the Texas Occupations Code to protect nurses who engage in patient advocacy activities from retaliation by any person.  Acts of retaliation include discipline, discrimination, or enforcing criminal liability.  Protected patient advocacy

Yesterday, the IRS announced certain extension and penalty relief provisions applicable to the estates of persons dying in 2010 and the beneficiaries of those estates.

Here’s what the IRS has done:  

  • If a large 2010 estate is going to “opt out” of the estate tax, the new deadline for filing Form 8939 (the special carryover

As readers of my legislative update are aware, our Texas Probate Code is not a real “Code.”  It was first enacted in 1955, effective January 1, 1956, before Texas had adopted any organized system of statutory codification.  It’s slated for replacement with the new Estates Code in just over two years.

In 1963, the legislature