Health Care Law Blog
Licensure of Massage Therapists will become mandatory in Michigan in the near future. Proposed rules related to the requirements of such licensure were recently published in the Michigan Register. The actual licensure requirement will become effective two years from the effective date of the final rules (which will likely be published later in 2012).
On Wednesday, February 2nd, the U.S. House of Representatives approved a measure to repeal the CLASS Act. A similar repeal measure is pending in the U.S. Senate.
The CLASS Act is a heavily criticized portion of the health care reform law. CLASS, or Community Living Assistance Services and Supports, is a national, voluntary insurance program that is intended to offer working individuals some protection against the cost of paying for long-term care. Individuals who pay into the program for at least 5 years and who were employed during at least 3 of those 5 years would, if ever needed, receive a daily cash benefit of at least $50 per day to purchase services and support necessary to remain independent. For example, CLASS would cover home health care, adult day care, home modifications, respite care, transportation services, and the like.
In the age of instant access to online information, it is essential for a business to know what others are saying about it - both good and bad. For example, a physician will want to confirm the glowing review of a recent article is properly acknowledged on the Internet but also that a negative patient comment is immediately refuted or deleted.
In our November 22, 2011 post entitled
"Health
Facilities Must Display Notice About Employees' Organizing Rights", we
conveyed the National Labor Relations Board's ("NLRB") requirement
that health facilities, among others, must post a notice advising those on
payroll of their rights to negotiate as a group and join a union. At that time, the notice was required to be
posted by January 31, 2012. However, the
NLRB has further delayed the effective date of the required posting until April
30, 2012. The NLRB agreed to this
postponement because of a request by a federal court in Washington D.C.
that is currently reviewing a legal challenge to this requirement. While the implementation date may have been
delayed, employers should prepare for the April 30th deadline. For more information on the mandatory contents
of the required posting, please review our November 22 post.
Even though the Republican-run Michigan House of Representatives is stalling legislation to create the Michigan Health Exchange, 2014 is quickly approaching. Starting in 2014, insurance will be available on Health Exchanges. If Michigan does create legislation creating its own Exchange, the federal government will implement one for Michigan residents. This will impact Michigan employers and individuals.
Smartphone usage has skyrocketed in the past few years. Physicians are no exception to the trend - with more than 81% of physicians using smartphones. Disturbingly, the number of health data breaches has risen in tandem with increased smartphone usage, and most experts agree that the increase is no coincidence.
Recent reports have indicated that 96% of all health care organizations have experienced at least one data breach during the past two years. Although the report did not detail the number of data breaches attributable to mobile devices, there is agreement that the widespread use of mobile devices is putting patient data at risk.
On December 7, 2011, the final rules for Speech-Language Pathology were filed with the Michigan Secretary of State. Among other things, the final rules require that any person who intends to practice speech-language pathology in Michigan must be licensed by December 7, 2013. The rules also detail the requirements for licensure and give deference to individuals who have been certified by the American Speech-Language-Hearing Association.
For more information about the licensure requirements for speech language pathologists and to obtain a copy of the current licensure application packet, please contact one of the health care law attorneys at Foster Swift.
Many 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.
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.
A 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.
