http://www.vonbriesenhealth.com/rss/LegalAndLegislativeFeed.aspxLegal and Legislative resource articles and press releases from Von Briesen & Roper, s.c. For informational purposes only.(c) 2010, von Briesen & Roper, s.c. All rights reserved.45wage and hour, EEOC, final ADAAA regulations, tax credits under the Hire Act, Fair Labor Standards Act, OSHA revised regulations, i2p2, misclassification of workers, NLRB, unionshttp://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=397http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=397Mon, 26 Jul 2010 12:00:00 CSTPennsylvania Gen. Ins. Co. v. Park-Ohio Industries, 2010-Ohio-2745 On June 22, 2010, the Supreme Court of Ohio issued its decision in Pennsylvania Gen. Ins. Co. v. Park-Ohio Industries, 2010-Ohio-2745 ("Penn General"), in which the court followed and clarified the "all sums" approach adopted in Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., 95 Ohio St.3d 512, 2002-Ohio-2842, 769 N.E.2d 835 ("Goodyear").http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=394http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=394Thu, 01 Jul 2010 12:00:00 CSTOn June 2, 2010, a new Wisconsin law became effective that expands reporting obligations for providers licensed by the Medical Examining Board ("MEB"). 2009 Wisconsin Act 382 created a new statute under Wisconsin Chapter 448 ("Medical Practices") requiring a person licensed by the MEB to "promptly" submit a report to the MEB when the person has reason to believe any of the following about another physician: 1. The other physician is engaged in acts that constitute a pattern of unprofessional conduct. 2. The other physician is engaged in an act that creates an immediate or continuing danger to one or more patients or to the public. 3. The other physician is or may be medically incompetent. 4. The other physician is or may be mentally or physically unable to engage in the practice of medicine or surgery. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=390http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=390Mon, 14 Jun 2010 12:00:00 CSTThe new health care reform legislation signed by President Obama last month provided some tax simplification for Wisconsin employers that provide health care coverage to the children of their employees. Unfortunately, these changes will not be effective for determining Wisconsin income tax or Wisconsin income tax withholding until the Wisconsin legislature acts to adopt these federal changes. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=388http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=388Wed, 21 Apr 2010 12:00:00 CSTThe mammoth healthcare reform legislation enacted by Congress on March 23, 2010, included a number of provisions aimed at improving the quality and efficiency of healthcare through a transformation of the healthcare delivery system. These provisions link payment under the Medicare program to quality outcomes, including value based purchasing programs, improvements to the physician quality reporting system and physician feedback program, and other quality reporting initiatives. In addition to these quality related reforms, the Act encourages development of new patient care models in a variety of ways. This article addresses the key elements of this latter strategy.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=387http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=387Fri, 02 Apr 2010 12:00:00 CSTThe Patient Protection and Affordable Care Act of 2010 includes a set of sweeping changes applicable to charitable hospitals exempt under Section 503(c)(3) of the Internal Revenue Code. The Act (a) imposes new eligibility requirements for 501(c)(3) hospitals, coupled with an excise tax for failures to meet certain of those requirements; (b) requires mandatory IRS review of the hospitals' entitlement to exemption; (c) sets forth new reporting requirements on the hospitals involving community health needs assessments and audited financial statements; and (d) imposes further reporting requirements on the Secretary of the Treasury regarding charity care levels. Most of the changes in the Act are scheduled to go into effect for tax years beginning after March 23, 2010, the date of enactment. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=386http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=386Wed, 31 Mar 2010 12:00:00 CSTAs several of our clients have encountered, recently employees and their counsel have argued that a woman can choose to take her federal Family and Medical Leave Act ("FMLA") leave and her Wisconsin FMLA leave consecutively. The situation most often presents itself when a woman requests time off during pregnancy, before the birth of a child, but wants to "save" her six weeks of Wisconsin FMLA leave to use upon the birth of her child. In one case in which von Briesen & Roper represented the employer, the Wisconsin Department of Workforce Development's Equal Rights Division ("ERD") advised an employee that she could "stack" her state and federal FMLA leave in this way. In fact, the ERD found probable cause to believe there had been a violation of the Wisconsin FMLA when an employer told an employee that her state and federal FMLA pregnancy leaves would run concurrently when taken in the 16 weeks before the birth of her child. Our client stood by its position that the federal and state FMLA laws run concurrently when the leave qualifies for protection under both laws and went to a hearing on the merits.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=385http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=385Fri, 26 Feb 2010 12:00:00 CSTThe February 2010 Labor and Employment Law Update focuses on The "Pros" and "Cons" of Social Networking for Employers and New Employment-Related Matters of Note.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=384http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=384Thu, 25 Feb 2010 12:00:00 CSTHistorically, employers extending group health plan coverage to the dependents of employees limited the availability of that coverage to individuals who qualified as dependents of employees for purposes of the federal income tax laws applicable to employer-sponsored group health plans. Either by choice or to comply with government mandates, however, employers are increasingly extending dependent coverage to individuals who do not qualify as dependents of employees for purposes of those tax rules ("Non-tax Dependents). Covering Non-tax Dependents can present some significant tax issues and complications for employers.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=382http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=382Tue, 16 Feb 2010 12:00:00 CSTThe IRS has created a guidance document for leaders in nonprofit organizations. Although long and a bit technical, it is a good "one source" reference for a nonprofits' operations, reporting and tax filing requirements, including what may jeopardize recognition of the nonprofits' tax exempt status. For your organization or for those nonprofits you serve, review and discussion of the booklet may be a good New Year's discussion topic, or at least worth sending this document out to the board.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=378http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=378Wed, 23 Dec 2009 12:00:00 CSTADA, EFCA, ERD, Wisconsin Task Force, independent contractor, wage and hour, uncompensated meal, health risk assessment, H1N1http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=374http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=374Tue, 17 Nov 2009 12:00:00 CSTThe Center for Medicare and Medicaid Services ("CMS") recently published its 2010 Outpatient Prospective Payment System Final Rule ("Final Rule"). As part of its Final Rule, CMS changed and clarified the direct supervision requirements for hospital outpatient therapeutic services and procedures. The result of these changes is a relaxation of the direct supervision requirements for outpatient therapeutic services and procedures and added flexibility. Nevertheless, the Final Rule still presents challenges for hospitals in meeting the supervision standard.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=373http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=373Mon, 16 Nov 2009 12:00:00 CSTMedical staff bylaws and governing policies are important legal documents that too often sit on a shelf, gathering dust and accessed only before a survey by The Joint Commission (TJC) or in the midst of a medical staff crisis. These documents, however, are designed to define the purpose of the medical staff, specify the obligations and duties of its members, and provide a process for credentialing and privileging. It is therefore necessary to conduct periodic reviews to ensure compliance with applicable federal and state laws and TJC requirements. An organization also must effectively communicate their medical staff policies to all applicable staff, and apply these policies consistently throughout the organization.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=372http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=372Fri, 13 Nov 2009 12:00:00 CSTAs health care regulations and accreditation standards continuously evolve, so do medical staff requirements. This Update covers the following topics: The Joint Commission's Telemedicine Standard; Board Certification Requirements; History & Physical Requirements for Medical Staff Documents; The Joint Commission's Statement of Duties and Privileges Standard; and, Recent Development in Economic Credentialing.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=370http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=370Mon, 19 Oct 2009 12:00:00 CSTOn October 7, 2009, Interim Final Rules were issued to implement certain sections of the Genetic Information Nondiscrimination Act ("GINA"). These rules prohibit (i) the use of genetic information for increasing the group premiums or contribution amounts based on genetic information; (ii) requesting an individual or family member to undergo genetic testing, except in limited circumstances; or (iii) requesting genetic information in connection with enrollment or for "underwriting purposes," which includes offering benefits or rewards for completing a health risk assessment ("HRA").http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=369http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=369Fri, 16 Oct 2009 12:00:00 CSTThe Office of Inspector General (the "OIG") has released its Fiscal Year 2010 Work Plan (the "2010 Plan"). The 2010 Plan describes the OIG's new and ongoing projects for the 2010 Fiscal Year to carry out its mission of, in part, ensuring the integrity of the Medicare and Medicaid programs. Many of the projects include audits and evaluations of the Center for Medicare and Medicaid Services ("CMS") and provider claims. The 2010 Plan generally addresses areas the OIG believes are prone to abuse or other error. Providers can review the 2010 Plan to develop compliance activities for the upcoming year. http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=368http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=368Mon, 12 Oct 2009 12:00:00 CSTEffective September 23, 2009, if you are a health care provider, clearinghouse, or health plan that is a "Covered Entity" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), you must notify affected individuals of certain breaches of their individually identifiable health information by you or your Business Associates. This new "Rule" goes into effect on September 23, 2009; however, sanctions will not be imposed until after February 22, 2010.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=364http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=364Thu, 03 Sep 2009 12:00:00 CSTH1N1, ADA, Affirmative Action, Domestic Partners (Wisconsin), EFCA, Restrictive Covenants, Wisconsin FMLA Leave For Pregnancyhttp://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=362http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=362Thu, 20 Aug 2009 12:00:00 CSTOn September 1, 2009, important changes to Wisconsin's rules governing physician assistant prescriptive practices will take effect. Most important among the changes is the repeal of the rule requiring physician co-signatures of physician assistant prescription orders. The new rules still require established written guidelines under which the physician assistant may issue prescription orders, but the guidelines must now include the drug categories the physician assistant may prescribe. (For example, antibiotics, cardiovascular medications, etc.) Finally, the new rules will require supervising physicians to periodically review the physician assistant's prescription orders, although the rules do allow some flexible options concerning the method and frequency of review.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=359http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=359Thu, 23 Jul 2009 12:00:00 CSTProviders in the health care community are starting to use social networking mediums for promotion of their programs and public education. In fact, over 290 health care systems in the United States currently use a form of social networking, including several Wisconsin health care providers. This Bulletin provides a basic overview of the utility of using social networking websites to broadcast surgeries, and sets out some basic legal considerations related to this new trend.http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=358http://www.vonbriesenhealth.com/legalupdates/fetcharticle.aspx?id=358Mon, 20 Jul 2009 12:00:00 CST