April 2010

Contributed by Scott R. Leah

One of the provisions of the new health care legislation recently enacted by Congress and signed by the President which has not received much publicity is a section that amends the Fair Labor Standards Act to include a guarantee of "a reasonable break time for an employee to express milk

The United States District in Kosenske v. Carlisle HMA Inc. has concluded that this whistleblower case must go to trial on the factual issue of whether Carlisle Hospital violated the False Claims Act by submitting claims for anesthesia services provided arising from referrals from Blue Mountain Anesthesia Associates (BMAA). Dr. Kosenske, the whistleblower in this

The law firm of Tucker Arensberg is hosting a complimentary seminar covering the important issues impacting employers regarding the recently passed health care legislation.  The program ‘Health Care Reform: What Every Employer Needs to Know and Do’ will take place on May 5, 2010 at the Doubletree Pittsburgh/Monroeville Convention Center.  Registration and breakfast are from

Section 6503 of the Patient Protection and Affordable Care Act (PPACA) requires that all billing agents, alternate payees, and clearinghouses that submit claims on behalf of health care providers must register with the state and the Secretary in a form specified by the Secretary. This provision will be effective January 1, 2011.

Section 6505 also prohibits

Section 6409 of the Patient Protection and Affordable Care Act (PPACA) requires the Secretary of Health and Human Services to develop a Medicare self-referral disclosure protocol, which is intended to allow providers to disclose self-referral violations and negotiate reduced civil penalties. The protocol shall be developed no later than six months following the date of enactment

The Patient Protection and Affordable Care Act (PPACA) contains several provisions aimed to reduce fraud and abuse in home health and Durable Medical Equipment (DME) programs, which CMS and OIG consider to be high risk programs. Effective July 1, 2010, physicians who order covered home health or DME services must be enrolled in Medicare (§ 6405). 

Contributed by Piyush Seth

As of April 5, 2010 US Citizenship and Immigration Services reported that only 6,791 of the 65,000 "regular" cap  and only 2,734 of the 20,000 advance degree cap petitions had been received.  Click AILA for more information.

In previous years the 65,000 H-1B cap has been reached within the first week of

Contributed by Lee Kim, Esquire

The American Medical Association has posted HIPAA Security Rule guidance for physicians.  It recommends that electronic protected health information ("ePHI") should be encrypted and suggests that AES technology should be used (as a more secure alternative to RSA technology).  Both data at rest (e.g., files which reside on your hard drive