Regulatory Issues | Privacy | Other

Arbitration Provisions in City Contracts

(September 6, 2011): When is the last time you examined the contractual provisions set out in contracts entered into by your city or municipality? Arbitration provisions can be very problematic and a city or municipality should think twice before voluntarily agreeing to arbitration or including such provisions in a contract with an outside party. Why […]

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What You Need to Know Before Signing a Physician Employment Agreement.

(June 9, 2011): After 20 years of practicing law I can say that most phone calls I receive from a potential client are after a contract has been signed. Unfortunately, today’s physician employment agreements are multiple pages long with small print and certainly not written for easy reading or common sense applicability. Contracts are certainly

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Hotel Occupancy Tax Funds – Management and Duty – Part III of III

(March 30, 2011): In Part I, the Hotel Occupancy Tax (“HOT”) was defined and examples of how it can be used were given. Part II examined the two-part test to determine if a proposed expenditure of HOT funds meets the purpose of the HOT tax. Many cities will hire a third-party firm or organization to

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Hotel Occupancy Tax Funds (HOT Funds): What are They? Part I of III.

(March 21, 2011): Many states have passed laws that allow a city to authorize Hotel Occupancy Tax funds to be collected. Hotel Occupancy Tax funds are essentially taxes that are charged to individuals who stay at hotels within a city or its extra-territorial jurisdiction. Cities are normally allowed to institute this tax pursuant to a

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White House Issues Executive Order to Improve the Regulatory Process

(January 18, 2011): Earlier today, President Obama signed an Executive Order and Memoranda to the heads of executive agencies to redesign the regulatory process. Health care is one of the most highly regulated industries in the county. Thus, the manner in which the United States Department of Health and Human Services (“HHS”), the Department of

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HEAT Investigations of Health Care Fraud in South Texas

(January 6, 2011): Three Houston-area residents, one of whom is a physician, were sentenced to prison on January 4th for their roles in a multi-million dollar durable medical equipment (DME) Medicare fraud scheme. Each of the three defendants were also ordered to pay restitution to the Federal government, in amounts ranging from $29,052 to $1.4

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Under Health Care Reform Legislation, Stark Law Whole Hospital and Rural Provider Exceptions are Changing

(October 22, 2010): It’s not exactly breaking news to anyone in the hospital industry that the U.S. Congress and the regulators at the Center for Medicare and Medicaid Services seem bent on preventing or eliminating physician referrals to hospitals in which they invest. With the passage of health reform legislation in March of this year,

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Health Care Reform- The Independent Payment Advisory Board (IPAB) And Its Implications on Health Care Providers

(September 14, 2010): As one of the most controversial provisions in the recently enacted health care reform legislation, Congress created the IPAB – a board that is independent from Congress and the United States Department of Health and Human Services (“HHS”) as a mechanism to control Medicare – and potentially all – health care expenditures.

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Additional Cities will have HEAT Teams in 2011

(August 27, 2010): Additional cities will be getting Medicare fraud HEAT teams. Yesterday, Attorney General Eric Holder and U. S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius conducted the second of a planned series of “Regional Health Care Fraud Prevention Summits.” In addition to these agency heads, participants learned of current and

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