Health Law

Attorneys

Bodden, Patrick J.	Mark, Jeffrey E.
Cannon, Patrick J.	Nelson, John A.
Carlton, Michael P.	O'Connor, Meghan C.
Chintamaneni, Smitha	Ratzel, Mary Lee
Dennehy, Daniel T.	Schoenfeld, Donald A.
Edquist, David J.	Taibl, William E.
Elliott, Sarah J.	Topinka, Ralph V.
Gingerich, Lisa M.	Wal, Anne E.
Hintz, John Edward	Webb, Michelle Moore
Jackson, William O.	Welsh, Diane M.
Kushner, Beth

Specialties

Antitrust	Medical Malpractice Defense
Billing and Payment	Medical Staff
Compensation and Benefits/ERISA	Nonprofit and Tax Exemption
Fraud & Abuse and Stark	Patient Care Issues and Risk Management
Government and Regulatory Law	Pharmacy
Health Care Labor and Employment	Physician and Practice Management
HIPAA and Health Information Systems	Public Finance
Immigration	Real Estate
Litigation and Risk Management	Regulatory Compliance
Long-Term Care/Assisted Living/Nursing Homes	Transactions
Managed Care and Provider Contracting

Articles

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Title	Created
New Community Health Needs Assessment Proposed Regulations: IRS Adopts Many Provisions of Earlier Guidance and Clarifies Others The Internal Revenue Service (IRS) recently released a proposed rule implementing the new community health needs assessment (CHNA) requirement for tax-exempt hospital facilities and organizations. Pursuant to health care reform requirements, hospitals must conduct a CHNA once every three years and adopt an implementation strategy. In July 2011, the IRS issued Notice 2011-52 (Notice), which detailed the IRS's anticipated CHNA regulations and solicited comments on the Notice. On June 26, 2012, the IRS issued a proposed rule (2012 Rule) on other new requirements for tax-exempt hospitals in the same section, Section 501(r), of the Internal Revenue Code as the CHNA provisions. The 2012 Rule affects some of the definitions applicable to CHNAs. The new proposed rule (2013 Rule) adopted many of the Notice provisions but also clarified some requirements, added flexibility, and modified some of the definitions in the 2012 Rule.	04/17/13
All Aboard the HIPAA Omnibus: Navigating the New Privacy and Security Regulations On January 17, 2013, the U.S. Department of Health and Human Services ("HHS") Office of Civil Rights ("OCR") released the long awaited omnibus final rule entitled Modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules (the "Omnibus Rule"). The Omnibus Rule consists of four final rules that:	01/30/13
OIG Blesses Co-Management Arrangement As hospitals deal with the increasing infrastructure costs and declining reimbursement imposed by healthcare reform, the need to align hospital and physician goals and incentives has become more critical than ever. One alignment strategy that has received increasing attention is the establishment of co-management arrangements by which hospitals outsource the day-to-day management of a clinical service line to physicians. On January 7, 2012, the Office of Inspector General (OIG) issued Advisory Opinion No. 12-22, in which it approved such an arrangement.	01/10/13
Highlights of the OIG's 2013 Work Plan The United States Department of Health and Human Services Office of Inspector General (the "OIG") has released its Fiscal Year 2013 Work Plan (the "2013 Plan"). The OIG releases a Work Plan annually to identify the investigative, enforcement and compliance activities that it will undertake in the coming fiscal year. The Work Plan covers all aspects of the OIG's efforts, including state agencies, agencies within HHS, and health care providers. Providers may find the Work Plan to be a useful resource for focusing their compliance efforts and reviews.	10/09/12
Expanding False Claims Act Liability Proposed 60 Day Repayment Rule Increases Compliance Burden on Providers In a move that expands potential False Claims Act liability, CMS recently issued a long-awaited proposed rule defining provider obligations to report Medicare and Medicaid overpayments within sixty days of identification. The proposal adds definition to the general obligation included in Section 6402 of the Patient and Program Protection Act, and contains an onerous look back period of ten years. If approved, the rule will have a significant effect on providers' compliance activities.	08/08/12
Wisconsin Supreme Court Concludes that Charitable Hospitals May Enforce Hospital Lien on a Medicaid Recipient's Personal Injury Settlement as an Alternative to Billing Medicaid Today, the Wisconsin Supreme Court issued a decision in Gister v. American Family Mutual Insurance Company, 2012 WI 86. The case examined whether a charitable hospital may enforce a hospital lien pursuant to Wis. Stat. § 779.80 on a Medicaid recipient's personal injury settlement as an alternative to billing Medicaid.	07/11/12
First Steps in the Era of Value-Based Health Care Purchasing In health care, where disagreement can be found far more often than agreement, payers and providers appear to have accepted the inevitability of value-based health care purchasing. Payers of all kinds are beginning to shift payments away from traditional fee-for-service reimbursement, and toward pre-set budgeted amounts aimed at population health management. However, this shift in reimbursement is happening incrementally in most markets, and achieving any meaningful provider involvement in value-based initiatives is proving to be as difficult and complex as most of us expected.	06/07/12
Providing Health Services Under TRICARE No Longer Creates Affirmative Action Requirements for Health Care Employers On December 31, 2011, President Obama signed the National Defense Authorization Act for Fiscal Year 2012. A conference report in this Act ends OFCCP's push to expand its jurisdiction by way of TRICARE contracts. The new Section 715 of the conference report states that TRICARE managed care support contracts will not be considered contracts to provide health care services such that these providers become subject to OFCCP jurisdiction.	01/11/12
Health Care Entities Using Social Media: Guidance from the Division of Quality Assurance Many articles have been written about the legal and business risks associated with the use of social media and web-based email services. However, the risk of using social media is heightened in the health care industry in light of a health care entity's legal and regulatory obligations to protect the privacy and security of health care information. Health care entities need to be particularly familiar with the risks of using social media in the health care industry and methods for reducing those risks.	12/28/11
Top 10 Concealed Carry Questions and Answers Top 10 Concealed Carry Questions and Answers	09/23/11
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Events

Upcoming Event:

Location:

When:

Health Care Reform: The Trustees' Perspective
Session Presenter:

Practice Areas:

David Edquist will present "Health Care Reform: The Trustees' Perspective" at the Wisconsin Hospital Association's Rural Health Conference.

For more information, please visit the WHA website.

Kalahari Resort
Wisconsin Dells, WI

Thursday, June 27

2013 Health, Labor, and Employment Law Institute
Session Presenter:

Practice Areas:

David Edquist and Doris Brosnan will be presenting topics at the State Bar of Wisconsin's 2013 Health, Labor, and Employment Law Institute.

David Edquist will present "Evolution of Provider Compensation in a Post-PPACA World".

Doris Brosnan will present "What Every Medical Practice Needs to Know About Employment Law".

More information about the program will be posted here and on the State Bar of Wisconsin website.

Kalahari Resort
Wisconsin Dells, WI

August 23, 2013

Description

von Briesen & Roper’s Health Care Practice Group provides comprehensive legal services to the health care industry nationwide as both general counsel and special project counsel. Our clients include multi-hospital integrated systems, academic medical centers, community hospitals, Catholic-sponsored hospitals, rural and critical access hospitals, imaging centers, physicians and multi-specialty clinics, and specialty hospitals.

We have been practicing health law since the 1950s and today have one of the largest health law groups in Wisconsin. The firm’s full-service team of attorneys works with hospitals and healthcare systems on a wide-range of specialtie ...