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Click here to view a pdf of the Fall 2010 Issue.

In This Issue

New Requirements for Tax-Exempt Hospitals
As part of the Patient Protection and Affordable Care Act, Congress enacted earlier this year a new tax provision, Section 501(r) of the Internal Revenue Code. This provision imposes four new, additional requirements upon hospitals that are recognized as tax-exempt under Section 501(c)(3).
Accountable Care Organizations: The Opportunity of a Lifetime or a Pitfall for the Unwary?
More than six months have passed since the Patient Protection and Affordable Care Act (PPACA) became law in March, but many questions still linger. At the same time, many opportunities for leadership and innovation remain. One opportunity-filled area of special interest to hospitals and physicians is that of Accountable Care Organizations (ACOs). Section 3022 of the PPACA states that by January 1, 2012, the Secretary of Health and Human Services (HHS) shall establish a shared savings program under the Centers for Medicare and Medicaid Services (CMS) that promotes accountability for Medicare patient populations. Section 3022 lays out what HHS considers the rough framework for ACOs as a means by which cost savings can be achieved.

CON Section, May I?

Are you thinking of replacing an aging MRI unit, or upgrading a linear accelerator with new imaging and treatment planning programs? Planning to move bed capacity to or from an affiliated facility? Considering a joint venture with a physician group? Depending on the particulars, some of these projects could raise issues under North Carolina’s certificate of need (CON) Law. Either way, a provider will almost always want to ask, “CON Section, may I?”

Important Changes to HIPAA Proposed by HHS

The following summarizes major changes to and new provisions of the HIPAA Privacy, Security, and Enforcement Rules proposed by the Department of Health and Human Services (HHS) in its notice of proposed rulemaking published July 14, 2010 (75 Fed. Reg. 40867). Many of these changes are proposed to implement the HITECH Act, but several of the changes go beyond the provisions of the statute.New Employer Obligations to Nursing Mothers Under the Fair Labor Standards ActThe Department of Labor recently issued a fact sheet addressing the new break time requirement for nursing mothers mandated by the Patient Protection and Affordable Care Act (PPACA). The PPACA was signed into law on March 23, 2010, and amended Section 7 of the Fair Labor Standards Act (FLSA). The new FLSA amendments require all employers covered by FLSA to provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has the need to express the milk.”
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