ERISA Challenge to Michigan’s Health Insurance Claims Tax is Rejected
On August 31, 2012, a federal district court ruled that the Michigan Health Insurance Claims Assessment Act is not preempted by the federal Employee Retirement Income Security Act. The act imposes a 1% tax on paid health insurance claims for services rendered in Michigan to residents of Michigan. The tax is assessed against commercial insurers, HMOs, nonprofit health and dental corporations, Medicaid managed care organizations, specialty prepaid health plans, third-party administrators, and group health plan sponsors. The act, which took effect on January 1, 2012 and expires on December 31, 2013, authorizes the state to collect up to $400 million in revenues each year, which are used to fund the Michigan state share of the Medicaid program. When combined with the federal multiplier, the tax will generate $2.4 billion in funding for Michigan’s Medicaid program. Read More ›
Categories: Employee Benefits, Insurance, Tax
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Upcoming Workshop to Address Most-Favored-Nation- Clauses - Just Announced
On August 17, 2012, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced that they will hold a joint public workshop addressing insurers’ use of most-favored-nation clauses (“MFNs”). The all-day workshop will be held on September 10, 2012 in Washington DC and will be in-person, free and open to the public. At the workshop, the agencies intend “to explore the use of MFN clauses and the implications for antitrust enforcement and policy.” The workshop will also include a series of panel discussions examining the legal treatment of MFNs, the economic theories concerning MFNs, and their impact upon the health care industry. Read More ›
Categories: Hospitals, Insurance, Physicians
Supplemental Retirement Plan Considerations for Health Care Managers
For health care managers, there are a number of available options and strategies to consider when planning for retirement. In addition to traditional employer plans, an exempt health care provider may also offer supplemental plan options to its managers and highly compensated employees. Taking advantage of such benefits may prove to be a wise investment decision for health care managers. Read More ›
Categories: Employee Benefits, Employment, Hospitals, Physicians, Retirement
Supreme Court Holds that a Patent of the Process of Administering a Drug is Invalid
Recently in the case of Mayo Collaborative Services v Prometheus Laboratories, Inc., the Supreme Court of the United States found two patents invalid because they claimed subject matter that was not patentable. The patents in this case covered processes that help doctors who use thiopurine drugs to treat patients with autoimmune diseases determine whether a given dosage was too high or too low. Read More ›
Categories: Patents
Succession Planning Tips for Physicians
It is now widely accepted that planning for retirement is vitally important. However, many business owners, including physicians, fail to properly plan for the transition of their businesses upon the owner’s or primary physician's retirement. In fact, lack of succession planning is one of the most common reasons small medical practices fail. In order to avoid such a result in your practice, please consider the following succession planning tips: Read More ›
Categories: Physicians, Retirement
Most Favored Nation Order Released by Michigan Insurance Commissioner
In what appears to be a strong response to the most favored nation ("MFN")-related lawsuits filed against Blue Cross Blue Shield of Michigan by the U.S. Department of Justice and Aetna, the Commissioner of the Michigan Office of Financial and Insurance Regulation (“OFIR”) issued an Order dated July 18, 2012. The Order prohibits insurers, HMOs, and Blue Cross Blue Shield of Michigan from either using or enforcing MFN clauses in their provider contracts unless the MFN clause has been filed with and approved by the OFIR Commissioner. This prohibition takes effect February 1, 2013.
Categories: Billing/Payment, Hospitals, Insurance
Newly Released Audit Protocol Serves as Guidance for Compliance Programs
The Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), passed in 2009, imposed new requirements on health care providers (among others) related to the privacy and security of Protected Health Information ("PHI"). Included in the HITECH Act's requirements was a mandate that the Department of Health and Human Services’ ("HHS") Office for Civil Rights ("OCR") conduct audits to analyze the processes, controls and policies of certain covered entities. The pilot program for such audits began in 2011 and will conclude in December, 2012. Read More ›
Categories: Compliance, HIPAA, HITECH Act, Hospitals, Physicians, Regulatory
Foster Swift Attorney Interviewed on the Supreme Court's Health Care Reform Decision and its Impact
Foster Swift health care law attorney, Johanna Novak, was recently interviewed on Michigan Business Network radio concerning the United States Supreme Court's long-anticipated decision on the Patient Protection and Affordable Care Act (the "Act"). The interview aired on July 6, 2012, and was separated into two parts. Podcasts for both parts of Johanna's interview can be accessed here. Read More ›
Categories: Employment, Health Care Reform, Regulatory
Breaking News: US Supreme Court Upholds Health Care Reform
Today, the United States Supreme Court released its highly anticipated opinion regarding the constitutional challenges to the Patient Protection and Affordable Care Act (the "Act"). The Court ultimately concluded that the Act was constitutional, but it did not grant a complete victory to the government. The Court also held that the federal government may not withhold all Medicaid funds from States that fail to comply with the expansion of Medicaid provisions of the Act. Instead, the federal government may only withhold new Medicaid funds from States that do not comply. Read More ›
Categories: Employment, Health Care Reform, Health Insurance Exchange, Insurance
Precautions of Prescribing Controlled Substances for Pain
In response to growing concerns about prescription drug abuse, there has been a significant increase in investigative and enforcement activities by state licensing authorities as well as local, state and federal law enforcement. We have been contacted by physicians who want to care for patients with chronic or intractable pain but are concerned about the consequences to their licenses and practices that might result if investigators question their decision to prescribe controlled substances. Given the current environment, it is a good idea for physicians to refresh themselves on the legal requirements for effective pain management. Read More ›
Categories: Hospitals, Physicians, Regulatory
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.