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In addition to serving our clients, our attorneys are active in publishing articles, conducting seminars and giving speeches. Our firm also issues many press releases and is frequently mentioned in various news sources. These resources are available for information purposes only and may be obtained by searching below

 
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346 articles returned
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Practice AreaTitle Date 
Health Law
Regulatory Compliance
  OIG Weighs In On Block Leasing Arrangements
With the seeming demise of per-click leasing arrangements between referral sources, attention has shifted to alternative lease structures that achieve legal compliance while also aligning financial incentives between the parties. While the Centers for Medicare and Medicaid Services ("CMS") recently acknowledged the potential availability of "block" leases as such an alternative, the Office of Inspector General ("OIG") has just released an advisory opinion that places clear limitations on such arrangements. Specifically, the OIG concluded that a block lease arrangement (the "Proposed Arrangement") between referral sources could violate the anti-kickback statute in circumstances where the lessee retains the difference between (a) the rental charge under the lease and (b) the reimbursement that the lessee receives for the services provided by the lessee through the use of the leased space and equipment, even assuming that the rental charges were consistent with fair market value. The OIG perceived that the Proposed Arrangement was an improper vehicle for sharing of the profit on the use of the space and equipment.
08/27/08
Health Law
Regulatory Compliance
  CMS Reverses Course for the EMTALA Obligations of Hospitals With Specialized Care and Eases the Burdens of On-Call Coverage
CMS has once again clarified the responsibilities of a Medicare-participating hospital under the Emergency Medical Treatment and Active Labor Act (EMTALA). The final rule, effective October 1, 2008 (the "2009 IPPS Final Rule"), follows additional revisions and guidance adopted by CMS in the past several years and is intended to ease the burden on emergency medical services.
08/19/08
Fraud & Abuse and Stark
Health Law
  Stark "Stand in the Shoes:" Common Sense Prevails
From the outset, the Stark law has been touted by the Centers for Medicare and Medicaid Services ("CMS") as a vehicle for providing "bright line" rules governing physician referrals to hospitals and other entities with which the physicians have financial relationships. The Stark reality has been quite different, as the healthcare industry has been forced to deal with an incredibly complex series of regulations where the very existence of any financial relationship frequently rests on subtle, hyper-technical distinctions. When it comes to the "stand in the shoes" rules, though, this unfortunate trend has been reversed. CMS recently released an advance copy of a revised "stand in the shoes" rule that addresses both CMS and industry concerns in a simple and understandable way. The new rule is scheduled for publication in the Federal Register on August 19, 2008.
08/15/08
Fraud & Abuse and Stark
Health Law
  Stark: Lights Out on Per-click and Percentage-Based Leases?
The utility of per-click and percentage-based compensation arrangements has taken another hit. The Centers for Medicare and Medicaid Services ("CMS") has released final rules under the Stark physician referral statute that substantially limit the use of these payment methodologies in space and equipment leases between physicians and the hospitals and other entities to which they refer.
08/07/08
Compensation and Benefits/ERISA
Labor and Employment
  Protections Against Discrimination Based On Genetic Information: New Rules Impact Group Health Plans, Health Insurers and Employers
On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act of 2008 (GINA). The purpose of GINA is to prevent discrimination in health insurance and employment based on genetic information. GINA imposes new restrictions on group health plans (including both large and small group plans, church plans and non-federal government plans), insurance issuers, employers, employment agencies, labor organizations, and joint labor-management committees. Genetic information is defined as information regarding an individual's own genetic tests, the genetic tests of the individual's family members, and the manifestation of a disease or disorder in the individual's family members. The term "genetic test" is defined in the statute as "an analysis of human DNA, RNA, chromosomes, proteins or metabolites that detects genotypes, mutations, or chromosomal changes." A genetic test is used to predict whether an individual has a predisposition to a disease, disorder, or pathological condition, and does not include a genetic analysis that is performed after a disease is manifested. The term "family member" is defined very broadly to include an individual's dependents and any other individual who is a first, second, third or fourth-degree relative of the individual.
08/06/08
General
  von Briesen & Roper, s.c. Announces Promotions
Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced the promotion of Attorneys Michelle Bergholz Frazier and Susan Minahan Ruppelt to Shareholder.
07/11/08
Labor and Employment
  Wisconsin's Increased Minimum Wages
Effective July 24, 2008, the federal minimum wage for adult employees will increase to $6.55 per hour. The Wisconsin minimum wage for adult employees is currently $6.50 per hour. Employees performing work in Wisconsin must be paid the higher of the two rates. Accordingly, effective July 24, 2008, the wage rate for Wisconsin employees must be at least $6.55 per hour.
07/11/08
General
  von Briesen & Roper, s.c. Adds Eight Attorneys
Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced the addition of eight attorneys: Shareholders Linda C. Emery and Alexander M. Gerasimow; and Associates Thomas P. Alberti, Alison E. Helland, Laurel Johnson, Gottlieb John Marmet, Daniel J. Noonan and Jacob Winter.
07/03/08
Fraud & Abuse and Stark
Health Law
Regulatory Compliance
  CMS Stands In Your Shoes: More on AMCs and IDS
Just when we thought we understood Stark II, Phase III, the Centers for Medicare and Medicaid Services ("CMS") issued proposed changes to significant portions of this rule as part of its Inpatient Prospective Payment System Proposed Rule for Fiscal Year 2009 (the "IPPS Proposed Rule"). In the IPPS Proposed Rule, CMS refines both the physician and DHS entity "stand in the shoes" concepts and makes a number of other Stark-related proposals. Significantly, by including these proposals in annual hospital inpatient hospital regulations, CMS is responding to provider concerns with the Stark law, albeit in a piecemeal manner. CMS seeks comments from providers regarding the following proposed changes.
05/09/08
Health Law
  New Requirements for Wisconsin Hospitals Providing Services to Sexual Assault Victims
Wisconsin legislators recently signed Assembly Bill 377, also known as the "Compassionate Care for Rape Victims" Act, into law. Effective March 28, 2008, Wis. Stat. § 50.375 requires that hospitals provide information on and access to emergency contraception for victims of sexual assault.
05/05/08

 

 
 
 
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