Association of American Physicians and Surgeons Challenges PECOS

In August 2010, the Association of American Physicians and Surgeons (“AAPS”) filed an amended complaint asking the court to vacate HHS regulations requiring non-Medicare providers to enroll with Medicare, to appear in the Provider Enrollment, Chain and Ownership System (“PECOS”), or to obtain a National Provider Identifier (“NPI”). A copy of AAPS’ full amended complaint is available here. AAPS argues [...]

Fifth Circuit Rules Against Texas Medical Board in Due Process Case

On December 2, 1010, the U.S. Court of Appeals for the Fifth Circuit ruled against the Texas Medical Board (“TMB”),  remanding a suit brought by the Association of American Physicians and Surgeon (“AAPS”) and allowing the case to proceed. The AAPS complaint accused the TMB of the following: manipulation of anonymous complaints; conflicts of interest; violation of due process; [...]

Registration and Attestation for EHR Incentive Program begins on January 3, 2011

On January 3, 2011, eligible professionals and hospitals participating in Medicare and Medicaid programs may begin registering for electronic health record (“EHR”) incentive programs. CMS encourages providers to register for the Medicare and/or Medicaid EHR Incentive Program(s) as soon as possible. Providers may register prior to having a certified EHR or an enrollment record in PECOS. Providers may also register [...]

Institute of Medicine to Conduct Year-Long Study in HIT Safety

Under the HITECH Act of 2009, the Medicare and Medicaid electronic health record (“EHR”) incentive programs provide a financial reward for the meaningful use of qualified, certified EHRs to achieve health and efficiency goals. In July, CMS announced regulations outlining the initial requirements that eligible health care providers must meet to demonstrate meaningful use of certified EHR [...]

The New Star Chambers

And you thought they were abolished for good by the Long Parliment.  Think again.  (Caution, bad language)

IRS Defers Requirement on Reporting Health Plan Coverage Costs

On October 12, 2010, the IRS released a draft Form W-2 for employers for 2011. Employers use Form W-2 to report wages and employee tax withholding. The IRS also announced that it will defer the requirement that employers report the cost of coverage under an employer-sponsored group health plan. Therefore, employer reporting of coverage costs is [...]

IRS Posts FAQ on Medical Resident FICA Program

In March 2010, the Internal Revenue Service announced that it would accept the position that medical residents are excepted from FICA taxes based on the student exception for tax periods ending before April 1, 2005. At that time, the IRS began contacting hospitals and universities, as well as medical residents, who filed FICA (social security [...]

Alabama Supreme Court Upholds Arbitration Agreement Signed by Nursing Home Resident’s Daughter

In April of this year, the Alabama Supreme Court, in Tennessee Health Management, Inc. v. Carol J. Rousseau Johnson, as personal representative of the estate of Dolores J. Rousseau, deceased (CV-08-900469) held that a nursing home resident “passively permitted” her daughter to sign an pre-admission arbitration agreement on her behalf. As a result, the woman’s [...]

CMS Releases Final Rule Supporting “Meaningful Use” of Electronic Health Records

On July 28, 2010, CMS’ final rule was published in the Federal Register regarding incentive payments to eligible professionals and hospitals participating in Medicare and Medicaid programs that adopt and successfully demonstrate meaningful use of certified electronic health record (“EHR”) technology. The rule makes final a proposed rule issued in January 2010. The final rule [...]

IRS Releases Draft Form Regarding Small Business Health Care Tax Credit

On September 7, 2010, the Internal Revenue Service released a draft version of the Form 8941 that both small businesses and tax-exempt organizations will use to calculate the small business health care tax credit during the 2011 tax season.  Tax-exempt organizations generally do not file income tax returns, but can use the Form 8941 to [...]

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