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Proposed regulations to govern private business use of tax-exempt bond financed facilities. 关于管理私营企业使用免税债券融资设施的规定草案。
Health care law newsletter Pub Date : 1995-06-01
M T Schieble
{"title":"Proposed regulations to govern private business use of tax-exempt bond financed facilities.","authors":"M T Schieble","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>For the most part, owners of tax-exempt hospitals and other health care facilities should welcome the issuance of the proposed regulations because they generally clarify and liberalize former law. As pointed out, however, in certain instances the proposed regulations do impose additional requirements not found in current law. Accordingly, in those instances in which exempt facility owners may elect to apply the proposed regulations prior to their finalization, a careful analysis needs to be made of whether the old or new regime would be most beneficial.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 6","pages":"7-9"},"PeriodicalIF":0.0,"publicationDate":"1995-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21016516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Special report on taxation. New IRS revenue procedure clarifies tax classification of limited liability companies. 关于税收的特别报告。新的美国国税局收入程序澄清了有限责任公司的税收分类。
Health care law newsletter Pub Date : 1995-05-01
M T Schieble
{"title":"Special report on taxation. New IRS revenue procedure clarifies tax classification of limited liability companies.","authors":"M T Schieble","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Although its rules are complex, the publication of Revenue Procedure 95-10 will substantially facilitate the use of LLCs in those states with statutes that permit significant flexibility in the structuring of LLCs. Previously, the only way to assure that LLCs in those states would be classified as partnerships for income tax purposes was to obtain a private letter ruling from the IRS, often resulting in lengthy delays. The new revenue procedure should provide sufficient guidance in the vast majority of cases to allow tax counsel to determine the appropriate treatment for tax purposes without having to seek an IRS private letter ruling.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 5","pages":"17-20"},"PeriodicalIF":0.0,"publicationDate":"1995-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21014751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Application of the strict liability doctrine to hospitals and other health care providers. 严格责任原则对医院和其他卫生保健提供者的适用。
Health care law newsletter Pub Date : 1995-05-01
E N Sasaki
{"title":"Application of the strict liability doctrine to hospitals and other health care providers.","authors":"E N Sasaki","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The legislation and cases discussed above reflect the fact that if hospitals and other health care providers were not excluded from application of the doctrine of strict liability in connection with the equipment and supplies they furnished to physicians and patients, they would be forced to perform what is in essence an insurance function for patients and physicians. This would ultimately serve to increase health care delivery costs and potentially discourage the use of innovative drugs and equipment that carry with them inherent, but tolerable risks.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 5","pages":"12-6"},"PeriodicalIF":0.0,"publicationDate":"1995-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21014750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
IRS focuses on employment status of hospital-based physicians. IRS侧重于医院医生的就业状况。
Health care law newsletter Pub Date : 1995-05-01
S F Hoffman
{"title":"IRS focuses on employment status of hospital-based physicians.","authors":"S F Hoffman","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In view of these serious consequences and the IRS' renewed interest in hospital-based physicians, it is imperative that all hospitals examine their contractual relationships with physicians under the foregoing standards to ascertain whether any physicians are improperly being characterized as independent contractors. Of particular concern are arrangements with aspects similar to those in TAM 9443002. Hospitals operating in states that still prohibit the employment of physicians are not necessarily protected, as the IRS does not accept the corporate practice of medicine doctrine as a defense to characterization of physicians as employees for tax purposes. In those states, it is probably best to handle problematic situations through the use of professional corporations, as discussed above.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 5","pages":"3-7"},"PeriodicalIF":0.0,"publicationDate":"1995-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21014752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Immunity from criminal prosecution for parents who withhold medically necessary treatment from children on religious grounds. 父母因宗教原因拒绝对儿童进行必要的医疗治疗，可免于刑事起诉。
Health care law newsletter Pub Date : 1995-05-01
M L Dickinson, K R Weinstein
{"title":"Immunity from criminal prosecution for parents who withhold medically necessary treatment from children on religious grounds.","authors":"M L Dickinson,&nbsp;K R Weinstein","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Because child endangerment laws and their judicial interpretation are different in each state, healthcare providers should familiarize themselves with the law in their particular jurisdiction. In situations in which parents refuse on religious grounds to consent to medical treatment for their children, health care providers should consult local counsel as to the legal options available.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 5","pages":"8-12"},"PeriodicalIF":0.0,"publicationDate":"1995-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21014753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Special report on reimbursement. HCFA enacts new enforcement remedies covering nursing facilities. 关于报销的特别报告。HCFA制定了涵盖护理机构的新的执法补救措施。
Health care law newsletter Pub Date : 1995-04-01
J N Godes, E R Ison, I E Penner, M E Reagan
{"title":"Special report on reimbursement. HCFA enacts new enforcement remedies covering nursing facilities.","authors":"J N Godes,&nbsp;E R Ison,&nbsp;I E Penner,&nbsp;M E Reagan","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>While the regulations are revolutionary in their use of \"substantial compliance,\" the interpretation and application of HCFA's new remedial scheme are still uncertain, as states are given broad discretion in defining important terms and in applying and interpreting the criteria to select remedies. Further complicating the issue is the fact that some states, including California, intend to seek waivers from HCFA to substitute their own state enforcement systems for most, if not all, of the new federal system. Based upon these uncertainties, the enforcement of nursing facility standards will likely be in a state of flux for some time to come.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 4","pages":"16-22"},"PeriodicalIF":0.0,"publicationDate":"1995-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21013565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Physician noncompete agreements must be carefully tailored. 医师竞业禁止协议必须精心制定。
Health care law newsletter Pub Date : 1995-04-01
R J Kurland
{"title":"Physician noncompete agreements must be carefully tailored.","authors":"R J Kurland","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>When covenants not to compete are used, care must also be taken that they are not viewed as a violation of the Medicare anti-kickback statute, 42 U.S.C. Section 1320a-7b(b). Some government officials have asserted that, when physicians selling their practices continue to be affiliated with the buyers of those practices, payments to physicians for intangibles (including covenants not to compete) could be disguised payments for future referrals. See Dec. 22, 1992 letter from D. McCarty Thornton, General Counsel to the Office of Inspector General, to T. J. Sullivan at the Internal Revenue Service. Although the anti-kickback statute is beyond the scope of this article, it must be considered in this context, and care should be taken in any event to assure that purchase prices for physician practices in no event exceed fair market value.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 4","pages":"11-5"},"PeriodicalIF":0.0,"publicationDate":"1995-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21013839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Department of Health and Human Services issues proposed regulations on physician incentive payments by hospitals. 卫生和公众服务部发布了关于医院医生奖励支付的拟议条例。
Health care law newsletter Pub Date : 1995-04-01
D R Rodriguez, L D Hennington
{"title":"The Department of Health and Human Services issues proposed regulations on physician incentive payments by hospitals.","authors":"D R Rodriguez,&nbsp;L D Hennington","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Hospitals tempted to operate their own physician incentive plans are reminded that, under OBRA 1986, they are precluded from paying physician incentives of any kind to reduce or limit Medicare or Medicaid covered services. In light of the proposed regulations and the guidance of the preamble, hospitals should review their incentive plans to determine whether physicians providing direct patient care are receiving prohibited payments. Further, supervising physicians who are receiving incentives for certain hospital departments may not influence direct care over patients served by those departments, even through other physicians. Some risk may also exist if incentives are based on a formula that considers patients of the supervising physician's medical group. Finally, it may be useful to develop a utilization and quality of care review program specifically designed to assure that patient undertreatment does not occur as a result of any supervising physician incentive program.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 4","pages":"7-11"},"PeriodicalIF":0.0,"publicationDate":"1995-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21013567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
As outcomes measurement and management become widespread, providers should beware of legal pitfalls. 随着结果测量和管理的普及，供应商应提防法律陷阱。
Health care law newsletter Pub Date : 1995-04-01
L C Brown
{"title":"As outcomes measurement and management become widespread, providers should beware of legal pitfalls.","authors":"L C Brown","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Until new statutes and court decisions clarify the law applicable to outcomes research, providers will continue to face new questions. In the meantime, paying careful attention to satisfying the requirements of existing laws protecting peer review information will put providers in the best position to minimize their exposure. Providers should review their current outcomes measurement and management systems to ensure that (1) they are structured to take full advantage of the confidentiality protections available under state law, and (2) appropriate access to outcomes data for those who need it is clearly provided for in the relevant documentation.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 4","pages":"3-7"},"PeriodicalIF":0.0,"publicationDate":"1995-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21013566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Special report on labor and employment. The Department of Labor issues final regulations for the federal Family and Medical Leave Act. 劳动就业专题报告。劳工部发布了联邦家庭和医疗休假法案的最终规定。
Health care law newsletter Pub Date : 1995-03-01
S W Parrish, E R Ison
{"title":"Special report on labor and employment. The Department of Labor issues final regulations for the federal Family and Medical Leave Act.","authors":"S W Parrish,&nbsp;E R Ison","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The FMLA is a complicated and comprehensive regulatory scheme, and it is impossible to review any but the most basic provisions in this article. The final regulations provide very detailed guidance on such issues as benefits continuation, reinstatement rights, notice requirements, and enforcement measures. Personnel policies and practices must be revised to be consistent with these final regulations, and care must be taken that leave policies do not restrict rights under the FMLA or unintentionally create expanded leave rights. In complying with the FMLA, employers must also keep in mind that there are complex interplays between the federal FMLA, state laws that provide family and medical leave, the Americans with Disabilities Act, and state workers' compensation laws, that can require expert advice depending on the particular circumstances.</p>","PeriodicalId":79604,"journal":{"name":"Health care law newsletter","volume":"10 3","pages":"14-20"},"PeriodicalIF":0.0,"publicationDate":"1995-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21012356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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