Showing 7 posts from March 2011.
Reorganization of the Department of Energy, Labor, and Economic Growth will Impact Health Care Providers
Through Executive Order 2011-4 ("Order"), Governor Snyder has ordered that the Department of Energy, Labor and Economic Growth be reorganized and renamed the Department of Licensing and Regulatory Affairs, effective as of April 24, 2011. Especially important to those in the health care industry is the fact that the Bureau of Health Professions, the Bureau of Health Systems and the Controlled Substances Advisory Commission will be transferred from the Department of Community Health ("MDCH") to the Department of Licensing and Regulatory Affairs. The Governor announced that the transfer will allow MDCH to concentrate on the actual health care delivery aspects of its duties while allowing Licensing and Regulatory Affairs to oversee the licensing and professional regulatory aspects of these functions. Read More ›
The Michigan House of Representatives and Senate have both recently approved versions of what's been termed the "I'm Sorry Bill." The Bill provides that certain statements expressing sympathy, compassion, commiseration, or a general sense of benevolence relating to pain, suffering, or death of an individual are inadmissible as evidence of an admission of liability in a medical malpractice action. However, statements of fault, negligence or culpable conduct would remain admissible. Read More ›
The Centers for Medicare and Medicaid Service's (CMS) recently published Final Rule related to Civil Money Penalties for Nursing Homes implements provisions of the Patient Protection and Affordable Care Act related to the nursing home enforcement process. Read More ›
The Office of Federal Contracts Compliance Programs ("OFCCP"), a branch of the Department of Labor, has targeted the healthcare industry for increased enforcement with regard to affirmative action. The OFCCP issued, though not publically, a December 16, 2010 directive which affirmed its position that merely receiving reimbursement from most Medicare programs or federal grants is not enough to create federal contractor status (which requires compliance with affirmative action). The OFCCP directive stated, however, that the following do establish federal contractor status: direct contracts between health care providers and TRICARE (the Department of Defense health care program for active and retired military members), Federal Employees Health Benefit Plan ("FEHBP"), or Medicare Advantage or Part D programs. Read More ›
The United States Department of Health and Human Services' Office for Civil Rights (OCR) recently imposed a civil monetary penalty of just over $4.3 million against Cignet Health of Prince George's County, Maryland (Cignet). Forty-one patients had filed complaints with OCR after being denied access to their medical records by Cignet. OCR investigated the matter and determined that Cignet had indeed violated the patients' rights by denying them access to their medical records. The penalty for these violations was $1.3 million. However, Cignet also failed to cooperate with the OCR investigation, and was fined an additional $3 million for such failure. Read More ›
Pamela Dusman recently had a significant victory in the Michigan Court of Appeals on behalf of a hospital client. The hospital client, in calculating its single business tax liability, specifically its "unrelated taxable income," on its Michigan Single Business Tax Return claimed a capital acquisition deduction and an investment tax credit for its capital assets regardless of whether the assets were used for tax-exempt or non-exempt activities. The Michigan Tax Tribunal upheld the hospital's position, holding that the hospital did not need to allocate its assets between exempt and non-exempt uses when claiming the capital acquisition deduction or the investment tax credit. This reading of the Single Business Tax Act was upheld by the Michigan Court of Appeals on February 15, 2011. Although the Single Business Tax Act was repealed by the legislature for tax years that begin after December 31, 2007, an entity's Single Business Tax Return may be amended within four years after the due date of the original return. This decision can have a significant impact on lowering single business tax liability on unrelated business income for tax-exempt providers.
Registration for the electronic health record ("EHR") incentive programs with Medicare and Medicaid in Michigan began on January 3, 2011. Hospitals, critical access hospitals, and professionals who register and can demonstrate "meaningful use" of certified EHR programs within the extensive guidelines of the Centers for Medicare & Medicaid Services ("CMS") are eligible for the incentives. Read More ›
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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.