Category Archives: Accountable Care Organizations

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Potential Implications to the ACA Under the Incoming Republican Administration

Over the course of the last six years in Washington, D.C., one of the primary goals of the Republican Party has been to repeal the Affordable Care Act (ACA). Since the Republican Party gained control of the House of Representatives in 2010, there have been literally dozens of votes to repeal the ACA. The Senate joined this effort when the … Continue Reading

Are Recommendations of the White House Task Force on Behavioral Health Parity Trumped by the Election?

Recently the White House Behavioral Health Parity Task Force issued guidance on the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (Parity Law). The Task Force could not have known, though, that on November 8th, the election may have changed the direction of the Task Force report and subsequent implementation. … Continue Reading

Accountable Care, Non-Profit Status and the Dangerous Ripple Effect it May Cause

On April 8, 2016, the Internal Revenue Service (IRS) released Private Letter Ruling (PLR) 201615022, which denied tax-exempt 501(c)(3) status to a commercial accountable care organization (ACO). This ruling marks the first time the IRS published any guidance regarding commercial ACOs. The last guidance from the IRS regarding ACOs came in 2011 and was related to ACO participation in … Continue Reading

Wellness Programs May Need a Check-Up Following Recent EEOC Guidance

Many employers offer some type of “wellness program” to their employees as a way to improve employee health and reduce healthcare spending. Wellness programs can be called many different things, including “weight loss challenges” or “healthy employee programs”. Recently, there were new rules issued by the U.S. Equal Employment Opportunity Commission (EEOC) regarding the way these programs can be structured, … Continue Reading

Culture of Safety Wins: Federal Patient Safety Law Preempts Amendment 7

Florida’s First District Court of Appeal issued its opinion in the highly watched case of Southern Baptist Hospital of Florida, Inc. v. Charles et al. The First District Court ruled that the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA):

  • Expressly preempts any broad discovery rights afforded under Florida’s Amendment 7 for documents meeting the definition of Patient
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Evolving Litigation of Data Breach Claims

An Illinois circuit court judge has dismissed five of six claims in a consolidated class action against Advocate Health and Hospital Corporation arising from a data breach in July 2013. The judge’s dismissal with prejudice leaves only a negligence claim, based on a duty to reasonably safeguard information, pending against Advocate. … Continue Reading

A Quick Look at Healthcare Issues Expected to Make News in 2015

As we look into our crystal balls, we do not expect a lot of new issues in 2015. Rather, we believe that most of the significant issues will be a continuation of issues that arose in 2014 or earlier. For example, continued implementation of the Patient Protection and Affordable Care Act (the “ACA”), which was signed into law on March … Continue Reading

ACO Participation By Tax-Exempt Healthcare Organizations –Is Tax-Exempt Financing at Stake?

Does A Tax-Exempt Healthcare Organization’s Participation in an Accountable Care Organization (ACO) Adversely Affect Its Tax-Exempt Financing? IRS Notice 2014-67 Provides Guidance.

Background:

The Patient Protection and Affordable Care Act authorizes the Department of Health and Human Services (“HHS”) to establish a Medicare Shared Savings Program (“Shared Savings Program”) to promote accountability for care of Medicare beneficiaries, to improve the … Continue Reading

Controlling Healthcare Costs is Key Say Panelists at Akerman’s 2013 Healthcare Briefing

On Friday, March 15, 2013, approximately 100 healthcare executives, physicians and other persons interested in learning about the future of healthcare in Florida, attended Akerman Senterfitt’s second annual Healthcare Briefing at the Westin Hotel in Fort Lauderdale.

The Briefing was co-sponsored by BB&T and McGladrey, LLP, and featured a discussion with four prominent Florida healthcare executives: Phil Dutcher, Chief Operating … Continue Reading

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