Bulletin analyzing the long-awaited Meaningful Use Final Rule defining the Stage 1 criteria required to qualify for Medicare and Medicaid incentives under the HITECH Act.
What is your bed tax for state fiscal year July 1, 2010 - June 30, 2011?
The Office of Civil Rights has published a final version of its Guidance on Risk Analysis Requirements Under the HIPAA Security Rule.
Bulletin on a whistleblower lawsuit alleging that orthopedic surgeons violated Medicare rules that require teaching physicians to be present during all critical portions of procedures and to be immediately available during the entire service.
Bulletin on proposed rules to implement Reform Bill changes affecting civil monetary penalties for nursing homes that fall out of compliance with Medicare and Medicaid participation requirements.
The OIG has announced a civil monetary settlement with a physician-owned lithotripsy company to resolve allegations that solicited and received payments from hospitals in exchange for patient referrals.
Beginning in fiscal year 2015, inpatient hospitals with high volumes of “hospital acquired conditions” will have their payment for discharges reduced to 99% of the amount of payment that would otherwise apply to such discharges.
Brief article on how Ohio’s contiguous county bed relocations impact a county’s bed need or excess under 2010 comparative review Ohio certificate of need program.
Section 6404 of the Patient Protection and Affordable Care Act reduces the maximum allowed time period for submission of Medicare Part A and Part B claims to one calendar year from the date of service.
Bulletin on health care reform regulations implementing certain of the patient rights provisions.
Beginning in 2014, long-term care hospitals, inpatient rehabilitation hospitals and hospice programs will be required to follow certain new quality reporting rules, or face a reduction in their standard daily reimbursement rates of two percentage points.
On July 14, 2010 the Department of Health and Human Services published proposed regulations in the Federal Register on many provisions of the HI-TECH Act that would modify the HIPAA Privacy Rule, Security Rule, and Enforcement Rule.
Bulletin on Section 3022 of the Patient Protection and Affordable Care Act dealing with accountable care organizations.
The HHS proposed 2011 physician fee schedule rule includes clarifications and requirements applicable to physicians relying on the Stark in-office ancillary services exception t0 offer MRI, CT and PET services within their practices.
Bulletin on the newly imposed deadline for health care providers to report and return overpayments as set forth in section 6402 of the Patient Protection and Affordable Care Act.
Bulletin on section 3502 of the health care reform law which establishes community health teams to support the patient-centered medical home.
Health Care E-Alert on the CMS announcement that it has decided to delay implementation of the DFRR and instead focus on implementing the PPACA reporting requirements.
Health Care E-Alert on final rules to create a certification program for electronic health record technology.
Bulletin on CMS' proposed rule revising the Medicare Conditions of Participation for both hospitals and critical access hospitals regarding telemedicine services and the delay of The Joint Commission standard.
Bulletin summarizing certain health care provider and supplier documentation and certification provisions contained in Sections 6402 and 6405-6407 of the Patient Protection and Affordable Care Act.
Bulletin on new compliance requirements for long term care facilities contained in the Patient Protection and Affordable Care Act.
Discussion of steps employers should be taking now to implement health care reform changes and how open enrollment presents unique opportunities for employers this year.
Bulletin on the health care reform provision requiring group health plans and health insurance issuers that offer health insurance coverage to children to make coverage available to adult children up to age 26.
Bulletin on the health care reform provisions that are effective this year and will require changes in your plan benefits, as well as your plan administration.
Bulletin discussing provisions of the health care reform law that will have immediate impact on employers.
One component of the Patient Protection and Affordable Care Act that has not received wide coverage in the news media, but which will dramatically impact hospital bottom lines is the significant reduction in both Medicare and Medicaid disproportionate share hospital payments.
Bulletin on U.S. ex rel Drakeford v. Tuomey Healthcare System trial in which the court rejected the jury’s finding that Tuomey did not violate the False Claims Act and granted the government’s motion for a new trial on the FCA claims.
Bulletin on a $3.9 million Department of Justice settlement with an Ohio hospital, a heart device manufacturer and a Kentucky hospital system.
Bulletin of case summaries of both civil and criminal violations of the False Claims Act and the range of conduct that the FCA reaches.
Bulletin on new Stark law self-disclosure protocol, restrictions on physician-owned hospitals, and requirements for transparency in physician-owned imaging services contained in the health care reform law.
Bulletin on the applicability of various provisions of the health care reform law to existing group health plans.
This bulletin highlights new enforcement authorities that the federal government now has of which health care providers will want to take note.
At the request of Congress, the Federal Trade Commission has once again delayed enforcement of the Red Flags Rule until December 31, 2010.
Bulletin on employee benefit changes enacted in the Patient Protection and Affordable Care Act and its companion bill, the Health Care and Education Reconciliation Act.
A weekly update on regulations, agency guidance, bulletins and other new developments on health care reform.
Bulletin on Section 1421 of the Patient Protection and Affordable Care Act which added a new small business tax credit for certain percentages of health insurance premium payments.
Bulletin on Section 6401 of the Patient Protection and Affordable Health Care Act which implements new program integrity provisions applicable to providers and suppliers participating in or enrolling in in the Medicare, Medicaid and CHIP programs.
E-Alert on CMS manual signature guidelines to assist reviewers in determining whether the authentication requirement is met.
E-Alert on the first of a series of HHS HIPAA security guidance documents -- this one on preparing the risk analysis.
Bulletin on new Internal Revenue Code requirements in the health reform law hospitals must meet in order to maintain their tax exemption and the amount of information tax-exempt hospitals will have to provide to the IRS and Congress.
Bulletin on the expansion of the 340B discount drug purchase plan in the Patient Protection and Affordable Care Act by expanding the types of facilities eligible for participation in the plan.
E-Alert on expansion of the scope of claim editing for ordering and referring providers for claims processed by Medicare carriers and Part B Medicare Administrative Contractors.
Bulletin on federal money available throught the health care reform act to assist and encourgage employers to continue to offer health insurance to early retirees.
On May 4, 2010, the Ohio Supreme Court issued a decision in Jaques v. Manton on the collateral source rule.
April 2010 wrap-up of health care false claims settlements and cases during the month of April.
Wrap-up of health care false claims settlements and cases from the month of March 2010.
The Joint Commission recently adopted the long-awaited and oft-modified Medical Staff Standard MS.01.01.01. Our latest Health Care Bulletin explains the new requirements of MS.01.01.01 and the possible effects to hospital bylaws and manuals.
Under the recently enacted Patient Protection and Affordable Care Act, tax-exempt hospitals are subject to new requirements to maintain their 501(c)(3) tax-exempt status.
The Department of Health and Human Services Office for Civil Rights has posted a list of reports of breaches of unsecured protected health information affecting 500 or more individuals.
Bulletin on HHS requirement for states to adopt a system for reporting certain adverse licensure actions taken against health care practitioners and entities.
Wrap-up of health care false claims settlements and cases from the month of January 2010.
Bulletin on the pending United States ex rel. Drakeford v. Tuomey Healthcare System qui tam health care false claims case regarding referrals from employed part-time physicians of the Tuomey Hospital.
The Ohio Department of Health has released the 2010 schedule of maximum allowable fees that health care providers may charge for copying medical records. This year the maximum allowable fees decrease.
Bulletin offering some tips to ensure that your organization’s response to a government investigation or a whistleblower lawsuit is appropriate and does not result in additional problems.
Bulletin on the 2009 passage of the Fraud Enforcement and Recovery Act, which amended and strengthened the False Claims Act, and all but guaranteed an increase in the number of whistleblower actions filed against hospitals and other health care providers.
Bulletin with important tips for retaining the attorney-client privilege on documents, including e-mails and notes taken during meetings.
Part of a series of special health care bulletins dealing with health care false claims cases and settlements suggestions for avoiding qui tam cases and reducing exposure.
Bulletin on a Ninth Circuit Court decision holding that a settling defendant in a False Claims case may be able to sue in contribution or indemnity against a third-party defendant.
The President signed into law the Department of Defense Appropriations Act of 2010 which includes an extension of the COBRA premium subsidy enacted earlier this year in the American Recovery and Reinvestment Act.
A timeline and summary of recent federal false claims settlements of interest involving health care providers.
News and information for nonprofit organizations, including a discussion of the America's Healthy Future Act and how it affects hospitals' tax exempt status.
A status report and update on federal false claims cases, settlements, and recoveries.
Bulletin on newly released CMS guidance, effective January 1, 2010, modifying the physician supervision requirements for hospital outpatient therapeutic and diagnostic services.
The Ohio Supreme Court provides strong support for the proposition that "never events" do not constitute negligence per se, and their existence does not alter or eliminate the defenses that are ordinarily available in negligence actions.
On October 30, 2009, the Department of Health and Human Services issued an interim final rule pertaining to the enforcement provisions of the HI-TECH Act.
The OIG has posted its 2010 Work Plan setting forth the initiatives and priorities of the OIG for the 2010 federal fiscal year.
This settlement should strike fear in the hearts of hospital executives who negotiate and/or have responsibility for physician relations and physician contracting.
There have been several significant developments regarding the new HIPAA rules in the past few days: October 9, 2009.
News and information for nonprofit organizations, including a discussion of health care proposals and their impact on nonprofits.
The Centers for Medicare & Medicaid Services has issued three new transmittals regarding a limited provider revalidation effort.
The September issue features the fourth annual hospital construction issue.
Reminder that recipients of funding under the American Recovery and Reinvestment Act of 2009 must file their first quarterly reports no later than October 10, 2009.
Bulletin on an Ohio Supreme Court case which permitted the plaintiff to go forward on a hospital negligent credentialing claim and attempt to prove the physician’s malpractice even though the physician was not a party to the lawsuit.
CMS has issued a memorandum in response to concerns from hospitals that they may have difficulty complying with EMTALA requirements in the event of a flu epidemic.
There have been several significant developments regarding the new HIPAA rules in the past few days: August 24, 2009.
Bulletin on final rules from the Public Utilities Commission of Ohio on hospital-specific net metering as required by Ohio Senate Bill 221.
The Joint Commission states that the medical staff rules and regulations can continue to be a separate document and do not need to be incorporated into the medical staff bylaws.
Bulletin on clarification by the Centers for Medicare and Medicaid on physician supervision of hospital outpatient services.
Article on an Ohio Supreme Court case holding that the non-party medical records at issue were privileged from disclosure in discovery, and that redaction of personal identifying information did not remove the privileged status of the records.
The Recovery Act provides $19.2 billion to promote the adoption of health information technology, including implementation of electronic health records.
Medicare providers are required to report deaths of governing body members to the Medicare contractor.
The Centers for Medicare & Medicaid Services has extended the registration period for Liability Insurance (including Self-Insurance), No-Fault Insurance, and Workers' Compensation Responsible Reporting Entities for Medicare Secondary Payer Mandatory Reporting purposes.
HHS has published HITECH Act Breach Notification Guidance and Request for Public Comment regarding the meaning of "secured" protected health information and requested input on issues related to the forthcoming notice of breach regulations.
The Ohio Nurses Association has joined forces with the nurses associations of New Jersey, New York, Montana, Oregon and Washington to form the National Federation of Nurses, representing nearly 70,000 nurses.
Bulletin on Ohio Court of Appeals decision voiding sweeping restrictions on the award of public contracts to political contributors.
According to the 6th Circuit, a hospital may not release a patient with an emergency medical condition without first determining that the patient has actually stabilized, even if the hospital properly admitted the patient.
Bulletin on new rules from the Ohio Department of Job and Family Services on physician assistants and Medicaid reimbursement.
The OIG has released inforomation narrowing the scope of matters that will be accepted into the OIG’s Self-Disclosure Protocol.
The federal stimulus bill contains over $7 billion in grant funding earmarked for innovative projects leading to better broadband connectivity in underserved areas.
The Service Employees International Union and the California Nurses Association/National Nurses Organizing Committee have announced a cooperative agreement to work together to organize all non-union register nurses and other healthcare workers.
Bulletin on several important provisions relating to COBRA continuation coverage included in the American Recovery and Reinvestment Act of 2009.
Bulletin on the substantive changes to the HIPAA privacy and security laws included in H.R. 1, The American Recovery and Reinvestment Act of 2009.
HHS has announced that CVS will pay $2.25 million and implement an extensive corrective action plan to settle a HIPAA privacy case involving the improper disposal of patient information.
The Centers for Medicare and Medicaid Services has issued a clarification of the Stark law and hospital "under arrangements" contracts for lithotripsy services.
Bulletin on final CMS outpatient prospective payment system regulations, which include a clarification of its previous position regarding physician supervision of on-campus outpatient therapeutic services.
A new hospital accreditation standard that addresses conflict management was implemented recently by The Joint Commission.
The Centers for Medicare & Medicaid Services haschanged the Provider Enrollment rules related to when a practitioner’s enrollment in Medicare is deemed to take effect.
Bulletin on CMS announcement proposing that Medicare stop paying for three serious, preventable errors in medical care.
The U.S. Departments of Health and Human Services and Education have released joint guidance on the application of HIPAA and FERPA to student health records.
The Ohio Supreme Court has held that the proper response to the failure to file the affidavit of merit in a medical malpractice case is a motion to dismiss.
CMS has issued clarification that stamped signatures are not acceptable on any medical record.
In the September 29, 2008, Federal Register CMS published notice that DNV Healthcare has been approved by CMS as a hospital accrediting organization.
Bulletin discussing significant changes to the Stark law as contained in the 2009 inpatient prospective payment system regulations.
The U.S. Fifth Circuit Court of Appeals in Poliner v. Texas Health System reversed the district court’s now infamous ruling in favor of Dr. Poliner and held that HCQIA immunity applied to the defendants.
Bulletin on an increase in enforcement activity by Ohio agencies that regulate underground tanks, with a primary focus of preventing and mitigating leaking underground storage tanks (aka "LUST") program.
Bulletin on Ohio Substitute Senate Bill 229 which creates a new licensed medical position under Ohio law called a Radiation Assistant.
Bulletin on Ohio S.B. 245, effective August 22, 2008, which will dramatically increase patient accessibility to acupuncturists in Ohio.
Bulletin on the Huntsman II court decision which is generally consistent with the language in Ohio's peer review statutes and provides helpful clarification on several significant issues.
Kadlec Medical Center v. Lakeview Anesthesia -- The case is new, but the principle is old. The bottom line is simple-- Don't say things you know are not true.
Bulletin on U.S. District Court decision allowing the U.S. Department of Health and Human Services to enforce the recently revised anti-markup rule for anatomic pathology services effective immediately.
Presented at Sinclair Community College on May 21, 2008 as part of the Best Practices for Governance of Nonprofits series.
Bulletin on the Religious Land Use and Institutionalized Persons Act of 2000 and its impact on local land use regulations.
The Department of Justice has announced that two New Jersey cardiologists pleaded guilty to embezzlement by drawing a salary in exchange for referrals.
The Centers for Medicare & Medicaid Services recently issued revised CMS-855 Medicare enrollment applications.
Bulletin on the IRS Form 990 redesign and the impact of Schedule K on hospitals with tax-exempt bonds.
The IRS has posted a finalized version of Good Governance Practices for 501(c)(3) Organizations.
CMS has announced that it will begin conducting onsite reviews and investigations to determine compliance with the HIPAA security rules.
Ohio's new PA Formulary was recently finalized and goes into effect on February 28, 2008.
The Ohio State Medical Board recently issued a statement on the ability of physician assistants to order the restraint and seclusion of patients.
The Ohio State Medical Board has finalized physician assistant rules which supplement the physician assistant law and establish the process for a physician assistant to apply for a certificate to prescribe.
Tax Increment Financing LeverageTIF Administration and Tracking
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Human Resources Seminar: 2nd Annual Hot Topics in HR
Donald R. Keller
Office: Columbus Position: Partner
Phone: 614.227.2341 Fax: 614.227.2390 Email: dkeller@bricker.com