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Showing 47 posts from 2011.

2011 IRS Guidance on Accountable Care Organizations

irs guidanceMany questions surround the creation and implementation of accountable care organizations ("ACOs").  Included in these questions were concerns about the tax implications of an exempt non-profit organization in joining an ACO.  In 2011, the Internal Revenue Service ("IRS") was active in providing guidance on that issue.  Specifically, the IRS addressed issues related to inurement or impermissible private benefit that arise from a tax-exempt organization's participation with an ACO.  It also considered the unrelated business income tax implications for the receipt of shared savings by an exempt organization. Read More ›

Categories: Accountable Care Organizations, Health Care Reform, Hospitals, Physicians, Tax

Medicare Not Limited to the Portion of a Settlement Designated for Medical Losses when Seeking Reimbursement under MSP

The U.S. Court of Appeals for the Sixth Circuit has ruled that Medicare is not limited to the portion of a settlement or verdict designated for medical losses when seeking reimbursement under the Medicare Secondary Payer Act, 42 USC § 1395(b)(2) ("MSP"). Hadden v United States (Lawyers Weekly No. 01-76843).  This ultimately could lead to a chilling effect on settlements. Read More ›

Categories: Medicare/Medicaid

Employers Beware: If you extend COBRA benefits, you may be denied stop-loss coverage

cobra benefitsA recent case highlights why a plan sponsor must use caution when agreeing to provide COBRA coverage that extends beyond the maximum COBRA coverage period.  The court in Bekaert Corporation v. Standard Security Life Insurance Company of New York, 2011 WL 3568028 (N.D. Ohio) recently held that an employer who offered extended COBRA coverage pursuant to a separation agreement with a particular employee was not entitled to stop-loss coverage.  In Bekaert,a retiree received extended COBRA continuation health coverage pursuant to a separation agreement with the employer.  The retiree's medical claims were paid under the employer's self-funded health plan and then were submitted for reimbursement under the employer's stop-loss policy as excess loss claims.  The stop-loss carrier denied the claims, stating the retiree was not a covered person under the stop-loss policy. Read More ›

Categories: Employee Benefits, Employment, Hospitals, Insurance, Physicians

Act NOW to Maximize Incentives for Use of Electronic Health Records

health recordsOn November 29, 2011, the State Bar of Michigan's Health Care Law Section presented a webinar entitled "Making Sense of 'Meaningful Use' Incentives for Electronic Health Record Adoption," which was attended by a number of Foster Swift health care attorneys.  This program gave a wonderful overview of the procedural requirements in obtaining incentive payments for the use of electronic health records ("EHR"). Read More ›

Categories: Health Care Reform, Physicians

Health Facilities Must Display Notice about Employees' Organizing Rights

The NLRB has decreed that, starting on January 31, 2012, health facilities must post a notice informing those on payroll of their rights to negotiate as a group and join a union…but stay tuned.

Currently, the notice is required to list:

  • the rights that an employee has under the National Labor Relations Act ("NLRA");
  • what is illegal for an employer to do under the NLRA;
  • what is illegal for a union to do under the NLRA; and
  • what to do if there has been a violation of rights under the NLRA.

The NLRB has copies of a sample notice available.  The notice may be printed on multiple pieces of paper, but it must be 11-by-17-inches in size and placed in a conspicuous location. The National Labor Relations Board (the "NLRB") finalized its rule requiring this notice in the August 30, 2011 federal register. Read More ›

Categories: Employment, Hospitals, Labor Relations, Physicians

Supreme Court to Hear Health Care Reform Challenges

health care reform challengesNot surprising given the circuit court split on the issue, the United States Supreme Court has agreed to hear arguments regarding the constitutionally of the Patient Protection and Affordable Care Act ("PPACA").  The constitutionality battle revolves around PPACA's "individual mandate."  The individual mandate financially penalizes individual taxpayers who fail to maintain certain levels of health insurance coverage starting in the year 2014. Read More ›

Categories: Health Care Reform

Physicians and other Health Professionals may be held Liable for Discrimination in Choosing Patients

In a recent decision, the Michigan Court of Appeals held that a physician can be liable for discrimination under Michigan law for refusing to provide artificial insemination services to a single woman. Moon v Michigan Reproductive & IVF Center, PC.

A woman contacted a physician at a clinic about in vitro fertilization services.  When the physician learned that the woman was single, he advised her that the clinic did not offer insemination services to single women.  Afterwards, the woman sued the clinic for discrimination based on marital status. Read More ›

Categories: Compliance, Hospitals, Physicians

Health Reform and Senate Bill 7 Presentation for the Michigan Municipal League

Mindi Johnson and Nicole Stratton, two members of the Foster Swift Health Care Practice Group, recently presented a seminar on Health Reform - Impact and Compliance at the Public Law Employment Seminar for the Michigan Municipal League.  The seminar was part of an all day event at the Michigan Municipal League's Lansing office on topics that ranged from "Do's and Don'ts for Independent Contractors" to "Social Media and New Technology Use," the latter of which was presented by Foster Swift's Melissa Jackson and Samuel Frederick. Read More ›

Categories: Health Care Reform

What is the Effect of Recent, Landmark First Amendment Cases on the Ability of a Tax Exempt Organization to Engage in Political Activities?

first amendment casesIn 2010, the United States Supreme Court in Citizens United v. Federal Election Commission ("Citizens United") reinforced the free speech rights of corporations and labor unions to participate in the political process through independent communications expressly advocating the election or defeat of a clearly identified candidate.  Also in 2010, the United States District Court for the Western District of Michigan held in Michigan Chamber of Commerce v. Land1 ("Michigan Chamber of Commerce") that corporations could pool their resources with other corporations in order to exercise their rights to make independent expenditures expressly advocating the election or defeat of a candidate. Read More ›

Categories: Hospitals, Physicians, Tax

Final ACO Regulations are Released - Is this the Beginning of a New Era for Health Care?

final aco regulationsThe U.S. Department of Health and Human Services released the final rules for Accountable Care Organizations ("ACOs") on October 20, 2011.  (The final rules will be officially published in the November 2, 2011 issue of the federal register.)  The Centers for Medicare and Medicaid Services issued a press release that contains an overview of the ACO initiative as well as relevant links to related documents. Read More ›

Categories: Accountable Care Organizations, Health Care Reform, Hospitals, Physicians

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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:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.