No employer wants a union. While unions have not had deep presence in hospice, hospice employers are not immune to unionization efforts.
In this session, Meg Pekarske is joined by her colleagues Jon Anderson and Tom O’Day, who offer their insights on what makes unions attractive to employees and what you can do about it.
On August 4, 2020, the Office of Inspector General for the United States Department of Health and Human Services (OIG) released an FAQ regarding whether a clinical laboratory may provide free antibody testing to federal health care program beneficiaries (e.g. Medicare/Medicaid beneficiaries). In its FAQ, the OIG acknowledged that providing such testing would implicate two federal anti-fraud statutes–the federal Anti-Kickback Statute (AKS) and the federal Civil Monetary Penalties Law (CMPL). However, so long as the laboratory implemented certain safeguards, the arrangement would pose a sufficiently low risk that OIG would not pursue an enforcement action.
Many colleges and universities offer on-campus healthcare clinic services to their students. These student health clinics are typically staffed by a physician or advanced practice provider such as a nurse practitioner. In addition to providing professional services, these providers may on occasion prescribe medications to students. Some of our clients have asked whether it is also permissible for the providers to actually dispense these medications on-site, even though the clinic is not licensed as a pharmacy.
CMS has issued a new rule clarifying that its daily Covid-19 reporting via the HHS Teletracking portal is mandatory as a condition of participation in the Medicare program. 42 C.F.R. § 482.42. HHS’s FAQ detailing the hospital reporting requirements can be found here – https://www.hhs.gov/sites/default/files/covid-19-faqs-hospitals-hospital-laboratory-acute-care-facility-data-reporting.pdf. Failure to consistently report throughout the Public Health Emergency
The hospice industry expressed collective disappointment when the Centers for Medicare & Medicaid Services declined additional time for implementing new election statement and addendum requirements. On October 1, 2020, hospices will need updated forms, processes and training to address new payment conditions. In this episode, Meg Pekarske and Andrew Brenton review the new rule’s key
In late July 2020, the U.S. Department of Health and Human Services (HHS) issued a public notice about forthcoming reporting requirements for certain providers that accepted funding of one or more payments exceeding $10,000 from the Provider Relief Fund (PRF). The reporting notice initially advised recipients that additional details would be provided by August 17, 2020. However, the release date has been delayed.
With scientists worldwide racing to develop a COVID-19 vaccine, many employers are asking if they can require employees to be vaccinated. As with everything COVID-19, there are many open questions, but here are some of the major legal issues in considering mandatory vaccination policies. To learn more, please visit Husch Blackwell’s Safety Law Matters blog.
On August 17, 2020, Tennessee Governor Bill Lee signed the Tennessee COVID-19 Recovery Act into law. The Act provides expansive protection to individuals and businesses from claims arising from COVID-19 unless there is clear and convincing evidence of gross negligence or willful misconduct. Health care professionals and facilities, businesses, non-profits, religious organizations, public institutions of higher learning, and all other individuals and legal entities are protected from liability under the Act.
The Department of Health and Human Services (“HHS”) announced on August 7th details of the next CARES Act-authorized nursing home Provider Relief Fund (“PRF”) distribution. The PRF distribution will total $5 billion, and will be used to protect residents of nursing homes and long-term care facilities from the impact of COVID-19.
The Texas Health and Human Services Commission (“HHSC”) announced on August 6th that limited visitation would be allowed at certain nursing homes and long-term care facilities throughout the state. Nursing homes and long-term care facilities must submit a form to their LTCR Regional Director to be permitted to allow limited visitation. Permitted nursing facilities may allow outdoor visits, window visits, vehicle parades, and compassionate care visits. Permitted long-term care facilities may also allow plexiglass indoor visits, provided that their visitation booth is approved by HHSC. Conditions for approval are listed in the HHSC LTCR Provider Letter.