We are sending this Employee Benefits Law Alert to update an alert we distributed on February 18, 2009. Government representatives have explained that although the Act states that insurance companies providing insurance for group health plans will be entitled to reimbursement of the COBRA subsidy, the employer (and not the insurance company) generally will be entitled
Medicare Fraud and Abuse Resource Reference
CMS recently published a resource reference listing the internet resources available for fraud and abuse research and reference. Below is a link to the Medicare Learning Network publication and direct links to the fraud and abuse web resources cited therein.
Medicare Learning Network
http://www.cms.hhs.gov/MLNProducts/downloads/Fraud_and_Abuse.pdf
OIG Listserv
http://www.oig.hhs.gov/mailinglist.asp
CMS Website
Changes To HIPAA Requirements Included Within The American Recovery And Reinvestment Act Of 2009 (The “Stimulus Bill”)
The American Recovery and Reinvestment Act of 2009, commonly referred to as the "Stimulus Bill", contains multiple provisions which affect the rights and obligations of certain parties under the privacy and security provisions of HIPAA. These changes relate to the application of the security and privacy provisions to business associates; the notification requirements in the event…
COBRA Changes Under The American Recovery Reinvestment Act
This article has been revised to reflect recent guidance. It is important that you read the revised article at the following link:
www.medlawblog.com/uploads/file/Revised Cobra Alert 2_26_09 _2_.pdf
Yesterday, President Obama signed into law the American Recovery and Reinvestment Tax Act of 2009 (the “Act”). Although a substantial portion of the Act is dedicated to …
CMS Websites for Medicare Fee-for-Service Providers
CMS has aggregated the various web pages pertaining to Medicare fee-for-service providers. The link to that website is included below and is also included separately in the links section on the title page of the Blog.
http://www.cms.hhs.gov/MLNProducts/Downloads/FFS_Provider_Web_Pages.pdf
Trauma Surgeons Obtain Temporary Injunction Against Summary Suspensions
AHLA and a Florida newspaper have reported an ongoing case in which 4 trauma surgeons have obtained a TRO blocking their summary suspensions, but the case is not over yet and there is no formal opinion. The AHLA report and the newspaper link are below.
Hospital officials argue suspension of trauma surgeons was necessary to protect patient
…
THE 2009 LIMITS FOR QUALIFIED RETIREMENT PLANS
As they do every year, the Internal Revenue Service increased the dollar limits (adjusted for cost-of-living increases) that apply to qualified retirement plans. There are three separate charts below that list the limits that have changed for 2009. The three charts are separated to identify the revised limits for: (1) defined contribution plans, (2) defined benefit plans, …
Poliner Appeal Rejected by U.S. Supreme Court
On January 21, 2009, the U.S. Supreme Court denied Dr. Poliner’s petition to review the Fifth Circuit’s holding , leaving standing the decision that Texas Health System and Dr. James Knoechel qualified for HCQIA immunity.
MS.1.20: Joint Commission Reports on Task Force Progress
(Chuck Mowll, cmowll@jointcommission.org) http://www.jointcommission.org/Library/jconline/jconline_jan_2009.htm
Standard MS.1.20 Task Force to meet in March
The MS.1.20 Task Force will meet in March to continue its work of determining the best approach to revise Standard MS.1.20 relating to Medical Staff bylaws. Any recommended changes would be the subject of a field review and consideration by the…
Stark Case Text – Apologies for the Missing Link
1 of 3 DOCUMENTS
UNITED STATES OF AMERICA ex rel. TED D. KOSENSKE, M.D. v. CARLISLE HMA, INC.; HEALTH MANAGEMENT ASSOCIATES, INC., Ted D. Kosenske, M.D., Appellant
NO. 07-4616
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
2009 U.S. App. LEXIS 971
October 31, 2008, Argued
January 21,
…