Joint Commission Ends Ban on Physicians Texting Patient Orders

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In the May 2016 edition of Perspectives, The Joint Commission announced the end of its ban on sending patient care orders by text message effective immediately for all accreditation programs. In 2011, The Joint Commission published a set of Frequently Asked Questions (“FAQs”) prohibiting physicians or licensed independent practitioners from... Continue Reading →

HRSA Delays Release of New 340B Guidance and Rules, Including the Omnibus Guidance

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Recent updates to the Health Resources and Services Administration’s (“HRSA”) regulatory agenda indicate that HRSA has delayed the much anticipated release of its final 340B Program Omnibus Guidance (also referred to as the “mega-guidance”) to the end of 2016. HRSA has also delayed publication of a final 340B manufacturer civil... Continue Reading →


Increases in Salary Thresholds Under the FLSA Portend Overtime for Millions of Traditionally Exempt Employees

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On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much... Continue Reading →

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OIG Approves Wholly Owned Group Purchasing Organization in Advisory Opinion 16-06

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On May 9, 2016, the Department of Health and Human Services Office of Inspector General (“OIG”) posted Advisory Opinion 16-06, addressing a proposed arrangement whereby a health system (“Health System”) would wholly own the requesting group purchasing organization (“GPO”), as well as approximately one percent of the GPO’s members (“Proposed... Continue Reading →

Now Is a Good Time to Review Your Email Use Policies

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On May 3, 2016, an administrative law judge struck down an employer’s computer use policy as violating employees’ rights to engage in concerted activity. (CAESARS ENTERTAINMENT CORPORATION d/b/a RIO ALL-SUITES HOTEL AND CASINO and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, DISTRICT COUNCIL 15). This decision comes shortly after the National... Continue Reading →

Hall Render’s This Week in Washington – May 13, 2016

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Ways and Means Committee Holds Hearing on MACRA Implementation On May 11, the House Ways and Means Subcommittee on Health hosted CMS Acting Administrator Andy Slavitt to discuss the administration’s implementation plan for the Medicare Access & CHIP Reauthorization Act of 2015 (“MACRA”). At the hearing, Slavitt and members discussed... Continue Reading →

Greater False Claims Act Penalties Looming

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On May 2, 2016, the U.S. Railroad Retirement Board (“RRB”) issued an Interim Final Rule (“Interim Final Rule”) significantly increasing its civil monetary penalties under the False Claims Act (“FCA”) and the Program Fraud Civil Remedies Act (“PFCRA”). Specifically, the RRB implemented minimum and maximum penalties of $10,781 and $21,563 per... Continue Reading →