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20 Results for Articles published in March 2017 In The Blue Ink Blog.

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Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Posted on March 2, 2017, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work.  A good example is an employee who suffers from episodes of depression that affect the e…

Recent Changes to Medicare “Incident To” Billing Rules

Posted on March 2, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

Medicare permits a physician to bill for certain services furnished by a nurse practitioner or other auxiliary personnel under what is referred to as the "incident to" billing rules.  The "incident to" rules permit services or supplies furnished as an in…

Setting Up Your Compliance Internal Reporting Mechanism

Posted on March 3, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

One of the primary elements in a Compliance Program is the creation of a system that permits employees and others to provide information regarding potential compliance issues without fear of retaliation.  In larger organizations, multiple pathways per…

Ambulatory Surgery Center Physician Exclusions - Reducing Risk of Forced Redemption of ASC Investment Interests

Posted on March 3, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
,

Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others. Under performing physicians can create political issues in ASCs because investors who …

Faster Pace of Interest Rate Hikes

As we indicated on February 16, 2017 the Federal Reserve is looking at interest rate hikes for 2017.  At a speech in Chicago today Chairwoman Janet Yellen said it is likely the Federal Reserve will increase the federal funds rate in March, which was most…

Enforcing ASC Exclusion Provisions While Minimizing Legal Risk – Rethinking Strict Application of the Safe Harbors to Exclusion Decisions

Posted on March 3, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others.  Under performing physicians can create political issues in ASCs because investors who…

Protect Your Assets - Medical Assistance & Long-term Care Planning Spring 2017 - Wausau, WI

Posted on March 5, 2017, Authored by ,

Holiday Inn & Suites 1000 Imperial Ave Rothschild, WI  54474 The Need for Planning Who Is Eligible for Medical Assistance Planning?  Protection of the House and Vacation Home  Permitted Transfers of Assets  Using Trusts to Protect Your Assets This se…

Harassment Discrimination Covers the Waterfront

Posted on March 6, 2017, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace.  Recent guidance from the EEOC clarifies its position regarding the …

Justice Scalia’s Definition of “Waters of the United States” to Become the Law of the Land?

Posted on March 9, 2017, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
,

On February 28, 2017, Donald Trump signed the “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”  This executive order requires the Administrator of the EPA, t…

Are You a Joint Employer? Watch Out for Potential Liability

Posted on March 13, 2017, Authored by Dean R. Dietrich
Dean R. Dietrich
Attorney
Wausau Office
, Filed under Employment

Many businesses today use other entities to provide employees for their business operations.  This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws.  A recent co…

Physician Practice Compliance Programs

Posted on March 15, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

In today’s environment of complex regulations, aggressive prosecution, exorbitant penalties, and hungry whistleblower attorneys, it is necessary for medical practices to maintain effective compliance programs.  Failure to do so puts the practice at a gre…

2016 Bankruptcy Statistics for the Western District of Wisconsin: Overall Filings Decreased 5.5%, but Chapter 12 Farm Bankruptcies Increased 31%

The 2016 bankruptcy statistics tell an interesting story.  While the total number of bankruptcy cases filed in 2016 in the Western District of Wisconsin (“WDW”) fell 5.5% to its lowest level in ten years, Chapter 12 farm bankruptcy cases actually increas…

Excluded Party Cases Dominate OIG Published Self Disclosure Settlements

Posted on March 21, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

In 2013, the HHS Office of Inspector General issued revised protocols outlining the process through which health care providers are able to self-disclose and resolve potential liability under the OIG’s civil monetary penalty (CMP) authorities.  The 2013 …

Wisconsin Unemployment Insurance Benefits Upon Discharge for Absenteeism – the Employer’s Policy May Be More Generous, But Not More Restrictive, Than the Statutory Default

Posted on March 21, 2017, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
, Filed under Employment

The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism.  The case is Wisconsin Department of Workforce Development v. Wisconsin Labor an…

Local Government Seminar - Spring 2017

Posted on March 22, 2017, Authored by ,

Holiday Inn & Suites 1000 Imperial Ave, Rothschild, WI To register, use our Online registration form, or contact Shannon Jacobson at: sjacobson@ruderware.com or (715) 845-4336.   We look forward to seeing you. Ruder Ware's Spri…

Defining the Duty of the Board of Directors over Compliance Functions

Posted on March 22, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

I recently posted a blog article about a document released by the Department of Justice entitled “Evaluation of Compliance Programs.”  As the title of the document might suggest, the DOJ release covers a variety of issues it looks at when evaluating the …

Hey Dentists: No Business Associate Agreement, No Problem

Posted on March 23, 2017, Authored by Ruder Ware Attorneys, Filed under Health Care

According to the U.S. Health and Human Services Office for Civil Rights (OCR), dental practices are not required to have a business associate agreement with their dental laboratory before sharing protected health information. The HIPAA Privacy Rule ap…

Ambulatory Surgery Centers

Posted on March 30, 2017, Authored by ,

Ruder Ware has developed an active practice counseling ambulatory surgery center (ASC) providers and has served as special counsel in several cases involving ambulatory surgery center exclusions.  The firm's health care and compliance attorneys are knowl…

When is a Physician Liable for Stark Law Violations?

Posted on March 30, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

I frequently hear attorneys claim the Stark law applies equally to hospitals and physicians.  This position is sometimes taken in the process of negotiating a transaction between a hospital and a physician or physician group.  In this context it is limit…

Compliance Budgeting – Put Your Money Where Your Mouth is

Posted on March 31, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

You have adopted your basic compliance policies and procedures, established a reporting system and visibly rolled out your new compliance program.  Your board of directors has passed a resolution decisively stating its commitment to compliance.  The CEO …