Health Law Matters

Is ‘incident to’ billing for Medicare going . . .going . . . gone?

The Medicare Payment Advisory Commission (MedPAC) recommended to Congress in its June 2019 report that ‘incident to’ billing be eliminated. In response to MedPAC’s biennial reports, Congress normally holds hearings to listen to MedPAC’s commissioners and staff and then decide whether any legislation should be introduced based on the recommendations. Some recommendations are embraced while others are simply disregarded. But, given the government’s current focus on saving money for Medicare, this recommendation is not likely to be ignored. Read More ›

NLRB: Employers can bar nonemployee access to their facility's “public space” for promotional or organizational activity

hospital

The National Labor Relations Board (NLRB) recently issued a welcome decision that affords employers greater control over public areas (e.g., cafeterias or restaurants) located on their private property. In doing so, the NLRB overturned 38 years of dubious precedent. Employers now can prohibit nonemployee union representatives from engaging in promotional or organizational activity (e.g., solicitation and distribution) in their “public spaces” absent evidence of inaccessibility or activity-based discrimination – high burdens of proof for a union. UPMC and SEIU, 368 NLRB No. 2 (June 14, 2019). This decision will be applied retroactively. Read More ›

CMS’s "Fresh Look” at Space Sharing Looks All Too Familiar.”

Hold the presses – CMS’s long-awaited guidance on shared space arrangements between hospitals and other entities is here. But it appears that the new guidance wasn’t worth the wait. If you are a hospital or other health care entity who has been standing by in hopeful anticipation of CMS’s “fresh look” at shared space arrangements, you will be sorely disappointed.  Read More ›

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Attorney Spotlight

James (Jim) A. Dietz is a Member at FBT who provides an array of legal services to hospitals, physicians, long-term care providers, diagnostic facilities, and others across the spectrum of patient care.

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