In September 2015, the U.S. Department of Health & Human Services Office of Inspector General (“OIG”) issued two studies concerning the Office for Civil Rights’ (“OCR’s”) oversight of compliance with the HIPAA rules. The first study recommends that OCR strengthen its oversight compliance with the HIPAA Privacy Standards. The second […]
Publications
2-Midnight Rule Finally Final and Effective January 1, 2016
On November 13, 2015, CMS published as a final rule its latest iteration of the 2-midnight rule, the standard for billing inpatient services under Part A of the Medicare program. As background, the 2-midnight rule was initially proposed by CMS in 2013, in response to two perceived issues: The Recovery […]
New Ordinance Requires Registration of Abandoned and Vacant Properties and the Payment of Fees and Penalties
A new Omaha ordinance requires property owners and lienholders to register properties that are vacant, exhibit exterior evidence of vacancy, and have title or building code issues. The Omaha City Council passed the Vacant and Abandoned Property Ordinance (the “Ordinance”) on November 17, 2015. The Ordinance becomes effective on December […]
Changing the Game in Commercial Real Estate Contracts
Originally published in the November/December 2015 edition of The Nebraska Lawyer. I’m mad as hell and I’m not going to take it anymore. Hopefully, this article will be preaching to the choir. In a perfect world (in a real estate practice), I would assist clients with buying and selling real […]
Health System Free Shuttle Rides for Patients will Not Result in Sanctions
Over the years, the OIG has issued a number of advisory opinions regarding various proposals from hospitals to provide transportation for patients. Some have been found not to draw prosecution and sanctions and others have not fared so well. The typical contours of a transportation program that does not risk […]

