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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

As flu season approaches, health care employers need to ensure that all their employees get their flu vaccinations.  If this has not happened in the past, employers should look at how to achieve this goal.  Many employers may be able to do it through a voluntary program, including employee education, reminders, paying the cost of

Recent stories highlight the need for providers to be diligent in preventing unintended release of protected health information (PHI). Tragic losses of PHI occur through theft, accident or malfunctioning equipment. To protect the privacy of PHI, providers must be alert to behaviors of their employees, patients, and even individuals who have no relationship to the

Effective March 25, 2011, all Medicare providers must report a change in ownership, practice location, or an adverse legal action within 30 days. CMS is now aggressively pursuing these violations and may impose penalties that include revoking physician privileges for up to three years. If a group practice is found in violation, CMS will revoke

Here’s a way to speed up your sales that I think more sellers should consider…

Use an access agreement. 

Most sellers and buyers don’t start the buyer’s inspection period until they’ve negotiated a purchase and sale contract.  Why wait?

An access agreement allows the buyer to start doing its due diligence while you’re negotiating the