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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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139 articles returned
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Practice AreaTitle Date 
Health Law
Nonprofit and Tax Exemption
  Covenant v. Wauwatosa: A Taxing Decision for Outpatient Clinics
The Wisconsin Court of Appeals today released a decision which potentially threatens the tax-exempt status of hospital outpatient departments throughout the state. In this case, Covenant Healthcare System, Inc. v. City of Wauwatosa, the Court of Appeals determined that the St. Joseph Outpatient Center in the City of Wauwatosa (the "SJOC") constitutes a "doctor's office" and therefore is ineligible for property tax exemption under Wisconsin law. In reaching this decision, the Court of Appeals essentially rejected the trial court's analysis of the role of outpatient medical services in a contemporary hospital setting.
08/10/10
Health Law
  New Patient Care Models Under Healthcare Reform
The mammoth healthcare reform legislation enacted by Congress on March 23, 2010, included a number of provisions aimed at improving the quality and efficiency of healthcare through a transformation of the healthcare delivery system. These provisions link payment under the Medicare program to quality outcomes, including value based purchasing programs, improvements to the physician quality reporting system and physician feedback program, and other quality reporting initiatives. In addition to these quality related reforms, the Act encourages development of new patient care models in a variety of ways. This article addresses the key elements of this latter strategy.
04/02/10
Health Law
Nonprofit and Tax Exemption
  Healthcare Reform: Implications for Tax-exempt Hospitals
The Patient Protection and Affordable Care Act of 2010 includes a set of sweeping changes applicable to charitable hospitals exempt under Section 503(c)(3) of the Internal Revenue Code. The Act (a) imposes new eligibility requirements for 501(c)(3) hospitals, coupled with an excise tax for failures to meet certain of those requirements; (b) requires mandatory IRS review of the hospitals' entitlement to exemption; (c) sets forth new reporting requirements on the hospitals involving community health needs assessments and audited financial statements; and (d) imposes further reporting requirements on the Secretary of the Treasury regarding charity care levels. Most of the changes in the Act are scheduled to go into effect for tax years beginning after March 23, 2010, the date of enactment.
03/31/10
Health Law
Regulatory Compliance
  Supervision of Hospital Outpatient Therapeutic Services: CMS's Final Answer?
The Center for Medicare and Medicaid Services ("CMS") recently published its 2010 Outpatient Prospective Payment System Final Rule ("Final Rule"). As part of its Final Rule, CMS changed and clarified the direct supervision requirements for hospital outpatient therapeutic services and procedures. The result of these changes is a relaxation of the direct supervision requirements for outpatient therapeutic services and procedures and added flexibility. Nevertheless, the Final Rule still presents challenges for hospitals in meeting the supervision standard.
11/16/09
Health Law
Medical Staff
  The Three Cs of Medical Staff Document Review
Medical staff bylaws and governing policies are important legal documents that too often sit on a shelf, gathering dust and accessed only before a survey by The Joint Commission (TJC) or in the midst of a medical staff crisis. These documents, however, are designed to define the purpose of the medical staff, specify the obligations and duties of its members, and provide a process for credentialing and privileging. It is therefore necessary to conduct periodic reviews to ensure compliance with applicable federal and state laws and TJC requirements. An organization also must effectively communicate their medical staff policies to all applicable staff, and apply these policies consistently throughout the organization.
11/13/09
Health Law
Regulatory Compliance
  OIG Publishes FY 2010 Work Plan
The Office of Inspector General (the "OIG") has released its Fiscal Year 2010 Work Plan (the "2010 Plan"). The 2010 Plan describes the OIG's new and ongoing projects for the 2010 Fiscal Year to carry out its mission of, in part, ensuring the integrity of the Medicare and Medicaid programs. Many of the projects include audits and evaluations of the Center for Medicare and Medicaid Services ("CMS") and provider claims. The 2010 Plan generally addresses areas the OIG believes are prone to abuse or other error. Providers can review the 2010 Plan to develop compliance activities for the upcoming year.
10/12/09
Health Law
HIPAA and Health Information Systems
  The Four Things You Need to Know and Do to Comply with the New HIPAA Breach Notification Rules
Effective September 23, 2009, if you are a health care provider, clearinghouse, or health plan that is a "Covered Entity" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), you must notify affected individuals of certain breaches of their individually identifiable health information by you or your Business Associates. This new "Rule" goes into effect on September 23, 2009; however, sanctions will not be imposed until after February 22, 2010.
09/03/09
Health Law
  Physician Assistant Prescriptive Practice Rules Change
On September 1, 2009, important changes to Wisconsin's rules governing physician assistant prescriptive practices will take effect. Most important among the changes is the repeal of the rule requiring physician co-signatures of physician assistant prescription orders. The new rules still require established written guidelines under which the physician assistant may issue prescription orders, but the guidelines must now include the drug categories the physician assistant may prescribe. (For example, antibiotics, cardiovascular medications, etc.) Finally, the new rules will require supervising physicians to periodically review the physician assistant's prescription orders, although the rules do allow some flexible options concerning the method and frequency of review.
07/23/09
Health Law
Internet Content, Data, and IP Protection
Patient Care Issues and Risk Management
  Hospital Procedures Broadcast via Social Media
Providers in the health care community are starting to use social networking mediums for promotion of their programs and public education. In fact, over 290 health care systems in the United States currently use a form of social networking, including several Wisconsin health care providers. This Bulletin provides a basic overview of the utility of using social networking websites to broadcast surgeries, and sets out some basic legal considerations related to this new trend.
07/20/09
Health Law
Patient Care Issues and Risk Management
Regulatory Compliance
  Who's Supervising Who?: CMS's Newest Take On Supervision Of Incident To Outpatient Therapeutic Services
Quality concerns, patient demands and physician staffing all contribute to providers' focus on supervision of mid-level providers (MLPs). Regarding services provided as incident to outpatient therapeutic services, the Center for Medicare and Medicaid Services (CMS) added to the confusion by issuing a "clarification" in the CY 2009 Outpatient Prospective Payment System (OPPS) Rule that tightened supervision requirements for on-campus and in-hospital outpatient departments. Since then, however, CMS has attempted to make this "clarification" more clear with the issuance of its proposed CY 2010 OPPS Rule. This article discusses CMS's proposed rule, with a specific focus on the proposed revisions to the supervision requirements for incident to outpatient therapeutic services.
07/08/09

 

 
 
 
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