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Larry Kelly

Proposed Changes to Medicare’s Conditions of Participation: Co-Location

In May 2019, CMS released draft guidance for hospitals addressing co-location, which is the first time CMS has formally addressed co-location issues. When separate entities share space, staff, and/or services, they may considered co-located providers. Examples of co-location include a provider that leases space from a hospital or two hospitals that share space and staff. […] More...

DOL Issues Final Salary Level Test For White-Collar Exemptions

by: Allison L. Davis and Brittany K. Taylor On Tuesday, September 24, 2019, the Department of Labor issued the final overtime exemption rule, setting the new annual salary threshold for the executive, administrative, and professional exemptions at $35,568 (or $685 per week). This is an increase from the current salary level of $23,660.00 (or $455.00) […] More...

Fraud, Waste, and Abuse Training – Todd A. Moody

This article is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. This article was prepared on a specific date, and the law may have changed since it was written. You should contact your attorney to obtain advice with respect to your specific legal issue and needs. More...

Cara C. Bachenheimer published “Are You Ready to Bid in Round 2021?”

Cara C. Bachenheimer published “Are You Ready to Bid in Round 2021?” in HomeCare “The Leading Business Magazine for HME and Home Health Professionals” on July 15, 2019. This article is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. This article was prepared on a specific date, and […] More...

Recent Federal Investigative Activity on Home Health Agencies

by: Bradley W. Howard Several recently issued federal indictments in Florida, Missouri and Virginia all tell the same story: Home Health Agencies, their owners and employees have been charged with healthcare fraud counts premised on the agencies billing Medicare or Medicaid for home health services that were not actually provided to home-based patients in need. […] More...

Update on EEO-1 Pay Data Requirements

by: Allison L. Davis Last week, a federal judge issued a ruling reinstating the EEOC’s 2016 rule requiring employers to submit additional pay data in their EEO-1 reports. Since 2017, the ruling has been on hold pursuant to a stay issued by the Office of Management and Budget (OMB). However, the federal judge’s ruling effectively […] More...

DOL Issues New Salary Level Test for White Collar Exemptions

On March 7, the Department of Labor issued its Notice of Proposed Rulemaking, setting the new salary level for white collar exemptions at $35,308 per year (or $679 per week). In addition, the proposal raises the total compensation requirement for highly compensated employees from $100,000 to $147,414 per year. The new rule raises the current […] More...

Benefits of Comprehensive Employment Agreements

By: Allison Davis, J.D. Many employers only have comprehensive, written employment agreements for senior management and rely on at-will employment laws and regulations for the rest of their employees. However, employers should consider entering into detailed, written employment agreements with certain types of employees. Specialized Training. If an employer provides an employee with specialized training, […] More...

HIPAA Disclosures in Crisis Situations, Including Opioid Overdose Situations

By: Elizabeth Jepson, J.D. Providers must be cognizant of their ability and/or responsibility to share protected health information (PHI) of patients suffering from opioid addiction. Recently, U.S. Health and Human Services Office for Civil Rights (OCR) published guidance regarding the disclosure of PHI for patients in crisis, including those experiencing opioid addiction and/or overdose. In […] More...