Publications

For many years we’ve been cautioning employers about unprecedented National Labor Relations Board scrutiny, and intrusion, into what used to be universally accepted employment policies. For example, in the good ole days, employers quite rightly believed that prohibiting “loud, abusive, or foul language” made perfect sense. The NLRB recently disagreed, […]

The House and Senate Conference Committee have come to terms on the Trump administration’s overhaul of the current tax code. The new tax bill reinstates the 20 percent Federal Historic Tax Credit (“HTC”), but eliminates the 10 percent tax credit provided for rehabilitation of non-certified buildings predating 1936 (“Pre 1936-HTC”). […]

The 340B Program was established by Congress in 1992 and is administered by the Health Resources and Services Administration (HRSA). The Program allows participating hospitals and other health care providers to purchase certain “covered outpatient drugs” from drug manufacturers at discounted prices. Congress’s stated rationale for the 340B Program was […]

For several years, there has been a moratorium on the enforcement of the direct supervision requirement for CAHs and small rural hospitals, with the latest moratorium on enforcement expiring on December 31, 2016. In the 2018 hospital outpatient final rule that was published in the Federal Register on November 13, […]

On November 16, 2017, the Office of Inspector General (OIG) posted Advisory Opinion 17-06 discussing whether a Medicare Supplemental Health Insurance (Medigap) provider could (1) indirectly contract with a preferred hospital network to discount or eliminate Medicare Part A deductibles for its policyholders, and (2) provide policyholders with a $100 […]