On September 6, 2013, CMS issued a survey and certification letter to state survey agency directors that provides guidance on the automatic assignment of Medicare provider agreements in health care transactions including mergers and acquisitions. Providers and suppliers who engage in these transactions should be familiar with the guidance, as […]
Health Law Alert
HIPAA Threat of Harm Exception Gets a Second Look
Prompted by the tragic shootings in Newtown, Connecticut, and Aurora, Colorado, the HHS Office for Civil Rights (OCR) released a letter to all health care providers on January 15, 2013 making them “aware” that the HIPAA Privacy Rule does not prevent their “ability to disclose necessary information about a patient […]
OFCCP Issues Final Rules Regarding the Employment of Vets and Disabled Workers
On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced Final Rules that make changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973 (“Section 503”), and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”). This is a huge change for […]
North Dakota Supreme Court Reviews Negative Reference for Former Physician Employee
John Schmitt, M.D. was employed as a surgeon by Dakota Clinic from August 2002 through December 2004, when his contract was not renewed. He was subsequently employed by MeritCare Health from June 2005 until he terminated his employment effective July 2005. Dr. Schmitt contracted with a physician placement agency, which […]
OFCCP: “TRICARE Providers Are Subject to Affirmative Action Requirements”
For years, we have been tracking the Department of Labor’s Office of Federal Contract Compliance Programs’ (“OFCCP”) efforts to expand its jurisdiction to health care employers. Generally, the OFCCP enforces regulations that require employers with at least 50 employees, who hold a single contract or subcontract of at least $50,000 […]