Health Care

Healthcare Reform Imposes Additional Requirements on Tax Exempt Hospitals

Wed, 1 Dec 2010 12:58:48 -0500

The Patient Protection and Affordable Care Act, signed into law on March 23, 2010 (the "Act"), contains specific requirements for hospitals that wish to receive or maintain their tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code"). In particular, Section 9007 of the Act adds new section 501(r) to the Code, which supplements the community benefit standard generally applicable to tax-exempt hospitals. Although many hospitals may already be operating in substantial conformance with the new standards in connection with their annual IRS Form 990 filing obligations, all tax-exempt hospitals should review their existing policies and procedures to be certain that they are in compliance, and that the compliance efforts are integrated into their reporting requirements under Schedule H of the IRS Form 990.

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Healthcare Reform Provisions Effective Jan. 1, 2011. Is Your Plan in Compliance?

Wed, 1 Dec 2010 10:46:46 -0500

With the passage of the Patient Protection and Affordable Care Act and the accompanying Healthcare and Education Reconciliation Act (collectively, the "Acts"), this year marked significant changes in the way companies and their employees think about healthcare. Many of these healthcare reform provisions become effective January 1, 2011 for calendar year plans.1 We refer you to our previous Alert Guidance on Healthcare Reform Requirements is Being Offered for Employers for an overview of Healthcare Reform. This second Alert in our series on Healthcare Reform provides you with a summary of the considerations and action items which plan sponsors may need to complete as the year-end approaches.

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Guidance on Healthcare Reform Requirements is Being Offered for Employers

Tue, 28 Sep 2010 14:14:20 -0400

September 23, 2010 marks the six-month anniversary of the enactment of the new health care reform, the primary purpose of which is to require every American to have healthcare coverage by 2014. It is also the date that several key provisions of the law will take effect. We are pleased to share with you the first alert in our Healthcare Alert Series which we hope will serve as useful references on employer compliance requirements and the healthcare reform initiatives that are the cornerstone of the new health care reform.

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Health Care Industry Pay Practices Subject to Increased Department of Labor Scrutiny

Thu, 19 Aug 2010 15:11:58 -0400

The Department of Labor ("DOL") recently announced an initiative to promote compliance with the Fair Labor Standards Act ("FLSA") in the health care industry. This comes after a finding by the DOL that many hospitals and nursing homes do not pay proper overtime to nurses and other employees who work more than 40 hours a week. In addition to the increase in DOL enforcement proceedings, class action plaintiff lawyers are sending mailings to the homes of registered nurses across the country in search of hospitals to sue for wage/hour violations. As a health care industry employer you may be at risk and your potential liability for FLSA violations could total in the hundreds of thousands of dollars or more in back pay and penalties.

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Sweeping Changes to Certificate of Need Laws

Mon, 24 May 2010 14:32:14 -0400

The Connecticut Legislature, at the prompting of the Department of Public Health, Division of Office of Health Care Access (OHCA), passed a comprehensive certificate of need (CON) reform bill. If the Governor signs the bill, and all indications are that she will, as this bill is part of the State budget bill, after October 1, 2010, Hospitals and other health care facilities must comply with the new requirements included in Senate Bill 494 (LCO No. 5638): "AN ACT MAKING ADJUSTMENTS TO STATE EXPENDITURES FOR FISCAL YEAR ENDING JUNE 30, 2011, as amended." This bill will have a substantial impact both positively and negatively on all providers of healthcare in the industry.

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Former Member of U.S. Senate Legislative Staff and VP for Government Affairs, Generic Pharmaceutical Association Joins Brown Rudnick’s Washington, DC Office

Tue, 14 Apr 2009 13:32:49 -0400

Brown Rudnick, a premier international law firm, today announced that Lisa Kay Layman has joined the firm’s Washington DC office as a Director in the Government Law & Strategies Group. Ms. Layman has over a decade of experience in political and legislative affairs, and has a comprehensive knowledge of health policy issues. As a senior policy advisor to several U.S. Senators, Ms. Layman has been involved in drafting, analyzing and negotiating legislation involving Medicare, Medicaid, prescription drugs, managed care, health information technology, and private health insurance.

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COBRA Health Insurance Continuation Subsidy: What Employers Need to Know

jhauser@brownrudnick.com (James L. Hauser) — Tue, 14 Apr 2009 13:30:52 -0400

The American Recovery and Reinvestment Act of 2009 (better known as the "Stimulus Bill") which was signed into law by President Obama on February 17, 2009 includes a nine-month 65% federal subsidy of COBRA premiums for qualified individuals and an expansion of health care coverage continuation rights for individuals involuntarily terminated between September 1, 2008 and December 31, 2009. The effective date of this portion of the Stimulus Bill, referred to herein as the COBRA Subsidy, is March 1, 2009, but applies to any full or short period of coverage after February 17, 2009, when the law was signed.

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Model COBRA Notices Issued

jhauser@brownrudnick.com (James L. Hauser) — Tue, 14 Apr 2009 13:29:01 -0400

The Department of Labor ("DOL") issued model COBRA notices to help employers comply with the requirements of the COBRA Subsidy signed into law by President Obama as part of the American Recovery and Reinvestment Act (the "Act"). The Act provides for a nine-month 65% federal subsidy of COBRA premiums for qualified individuals and an expansion of health care coverage continuation rights for individuals involuntarily terminated between September 1, 2008 and December 31, 2009. Qualified individuals must be provided with one of the model notices and corresponding election forms, as appropriate, no later than April 18, 2009.

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Stimulus Bill Expands HIPAA Privacy and Security Requirements

Tue, 7 Apr 2009 14:10:38 -0400

In addition to the massive spending provisions of the American Recovery and Reinvestment Act of 2009 (the “ARRA” or the “Stimulus Bill”) the bill significantly expands the applicability of the Privacy and Security Rules of the Health Insurance Portability and Accountability Act (HIPAA). These changes are likely to have a profound impact throughout the healthcare industry. Title XIII of the ARRA, entitled “Health Information Technology,” also known as the “Health Information Technology for Economic and Clinical Health Act (HITECH Act),” purports to rectify certain perceived weaknesses within the privacy and security regime created by HIPAA. While there are a number of provisions with different effective dates, covered entities and business associates must comply with most of the new provisions discussed below by February 10, 2010.

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