CMS Proposes Changes to Pain Management Assessments Under Value-Based Purchasing Program

0
On July 6, 2016, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule addressing potential modifications to the Hospital Value-Based Purchasing Program (“Proposed Rule”).1 The Proposed Rule, if implemented as currently drafted, would eliminate the Pain Management dimension from the Hospital Value-Based Purchasing (“VBP”) Program’s Hospital Consumer... Continue Reading →

Your Money or Your PHI: New Guidance on Ransomware

0
Since the first large U.S. health care ransomware demand hit the news in early 2016, attacks have been increasing in visibility and frequency, reaching a claimed 4,000 attacks per day. Ransomware is a kind of malware that infects computer systems, restricting access to systems or to data until a “ransom”... Continue Reading →

Did You Get an OCR HIPAA Audit Letter or a Golden Pass?

0
The Office for Civil Rights (“OCR”), Department of Health and Human Services (“HHS”), emailed notices to 167 covered entities on July 11, 2016 informing them they were selected for a HIPAA Phase II audit. Health care providers, health plans and health care clearinghouses were randomly selected by OCR from the audit... Continue Reading →

EEOC Revises Proposed Equal Pay Data Rule

0
As previously discussed here, the EEOC recently proposed collecting salary information and hours worked data as part of the Employer Information Report (“EEO-1”).  Following a comment period, the EEOC issued on July 14, 2016 an amended Equal Pay Data Rule proposal. The EEOC specified the W-2 box to be used... Continue Reading →


Will Consecutive FTC Losses Change the Antitrust Landscape for Hospital Mergers?

0
In late 2015, the Federal Trade Commission (“FTC”), riding a wave of victories, challenged three separate hospital mergers in Harrisburg, Pennsylvania; Huntington, West Virginia; and Chicago, Illinois (for more information on these challenges, see our previous coverage here). Six months later, the FTC’s winning streak has effectively come to an... Continue Reading →

Temporary Staffing Agency Workers Now Eligible to Vote in Union Elections

0
Overruling a precedent established in 2004, the National Labor Relations Board (“NLRB”) has ruled that workers supplied by temporary employment staffing agencies to other employers may be included in a bargaining unit with the employees who are employed only by the other employer.  Until this ruling, a union’s representation of... Continue Reading →

CMS Leaves Many Unanswered Questions in Proposed Rules for Off-Campus Provider-Based Exclusion

0
On July 6, 2016, the Centers for Medicare & Medicaid Services (“CMS”) issued its much anticipated proposed rule for the CY 2017 Hospital Outpatient Prospective Payment System (“Proposed Rule”). Among many other changes, the Proposed Rule addressed the implementation of Section 603 of the Bipartisan Budget Act of 2015 (“Section... Continue Reading →