Forced to Relay Fatal Diagnosis to Her Mother

A case in a Louisiana federal court addressed an unusual question: what if circumstances at a hospital require that you, rather than hospital personnel, be the one to tell your mother she has only two weeks to live? Do you have a claim under federal disability law? It happened when Katrina Labouliere’s mother …

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Another Challenge to U.S. on Risk Corridor Payments

Molina Healthcare has joined the long line of insurers suing the government for failure to honor its obligations under the Affordable Care Act’s “risk corridor” program.  According to Molina’s 84-page complaint filed Jan. 23, the U.S. owes it a whopping $52.3 million. Enacted in 2010, the Affordable …

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HHS Proposes 340B Dispute Resolution Process

From its inception the 340B program has been the subject of disputes between drug manufacturers and their safety-net hospital customers.  On August 12 HHS proposed an administrative process for resolving those disputes. Established in 1992, the 340B program requires manufacturers to enter into pharmaceutical …

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Shocking News: Congressional Debate on Obamacare Gets Partisan

In one of the more unexpected developments in recent Congressional history, a House Ways & Means Committee vote relating to the Affordable Care Act (ACA) turned partisan.  Astonishingly, all the Republicans voted one way; all the Democrats voted the other way. The partisan split was all the more unexpected …

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Finally, A Final Rule on ACA’s 60-Day Repayment Rule

On February 11, 2016, CMS released the much anticipated final rule on the so-called “60-day rule.” The long road to the final rule began when the Affordable Care Act (ACA) established the 60-day deadline for returning Medicare and Medicaid overpayments.  The clock started running from the time an overpayment …

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Delayed Filing Date for 2015 Forms 1094 & 1095

On December 28, the IRS issued Notice 2016-4, in which it delayed the deadline for filing 2015 Forms 1094 with the IRS and providing 2015 Forms 1095 to individuals. This will likely come as a great relief to many employers who have been figuring out how to complete these new forms, which are required to comply …

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