Medical Residents Considered Employees, Not Students, Under Federal Tax Law

On January 11, 2011, the United States Supreme Court, in an unanimous opinion authored by Chief Justice Roberts, upheld a Treasury Department rule that established that medical residents are full-time employees, not students, for purposes of federal income taxation and Social Security coverage. The case considered a federal law, namely the Federal Insurance Contributions Act (FICA), which exempts students from

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Michigan Court of Appeals Rules State Law on Patient Privacy Trumps HIPAA In Certain Circumstances

A new published health law opinion from the Michigan Court of Appeals could have some far reaching effects on HIPAA litigation. In the case of Isidore Steiner, DPM, PC v Marc Bonanni, Dr. Bonanni was employed by Isadore Steiner, DPM, PC and his contract included a non-competition and non-solicitation provision. After Dr. Bonanni left his employment with them, Isidore Steiner, DPM,

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HHS Publishes HITCH Breach Notification Interim Final Rule

On August 24th, 2009 we finally saw the publication of interim final regulations implementing the security breach notification provisions of the Health Information Technology for Economic and Clinical Health Act (“HITECH”). While the regulations appear to parallel the statutory provisions of HITECH, the process covered entities must follow before notifying a patient of certain breaches of their protected health information

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Health Care Employers feel the Pain of H1N1 Vaccination Policies

Many Hospitals and other employers in the health care industry are discussing the benefit of H1N1 vaccinations for their employees. Some are even considering mandating that employees receive the vaccination. After all, if your employees are “at will,” then you can impose new conditions of employment on them at any time. On many levels, mandating the vaccine for health care

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OIG Work Plan – FY 2009

Last week, the Office of Inspector General (OIG) published its “Work Plan” for federal fiscal year 2009. Many health care providers use the annual OIG Work Plan as a road map to guide their annual compliance efforts and this has always been a strategy that I have supported. Although I usually suggest that compliance officers and the health care providers

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FTC Red Flag Rules – Regulation From A New Direction

It never ceases to amaze me the number of varying directions from which hospitals and health care providers get regulated! The most recent federal agency to jump on the health care regulation bandwagon appears to be the Federal Trade Commission (FTC). On November 9, 2007, the FTC, in conjunction with federal bank regulators, issued a set of regulations intended to

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New Michigan Law Related to Billing Sexual Assault Survivors for Costs of Forensic Exam

Health care providers may no longer seek payment directly from sexual assault survivors for any portion of the costs of a sexual assault medical forensic examination, including any insurance deductible, co-pay, denial of claim or other out-of-pocket expenses, if the survivors do not have insurance, or if they refuse to have the claim submitted to their insurance carrier. Instead, effective

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