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Author Archives: Barry Rosen

A look at cross-plan offsetting (access required)

A federal appellate court will soon decide whether UnitedHealth’s method of reimbursing medical providers violates ERISA, which is the federal law that, among other things, governs employer-sponsored health plans. Specifically at issue in Peterson v. UnitedHealth is United’s practice of ...

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Lengthening and liberalizing contracts with tax-exempt entities (access required)

Health care organizations that qualify for tax-exempt status under Internal Revenue Code Section 501(c)(3) are able to issue tax-exempt bonds to finance the construction of a health care facility. To protect against such bonds becoming taxable bonds, a health care ...

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CARA’s assault on opioid addiction (access required)

In 2016, over 33,000 Americans died as a result of an accidental overdose related to prescription pain relievers or heroin, and over two million people had an opioid use disorder. In August 2017, President Donald Trump announced plans to declare ...

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Immunize your organization against HIPAA flu

In December 2013, the Office of Civil Rights of the Federal Department of Health and Human Services, the agency charged with enforcing the Health Insurance Portability and Accountability Act of 1996 (commonly known as HIPAA), imposed a $150,000 penalty for ...

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Beware of English-only rules

The federal Equal Employment Opportunity Commission announced last year that Delano Regional Medical Center, an acute-care hospital in California’s San Joaquin Valley, agreed to pay $975,000 to settle a class action national origin discrimination lawsuit brought on behalf of a ...

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