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• Recent District Court Decision May Hamper Employers’ Ability to Reduce Retiree Health Care Programs for Medicare-Eligible Retirees ( May 2005 )
  Steven J. Friedman and Lisa C. Chagala of Littler Mendelson, P.C.

  In AARP v. Equal Employment Opportunity Commission, the U.S. District Court for the Eastern District of Pennsylvania blocked the EEOC from issuing a final rule that would permit employers to provide lesser retiree health benefits to retirees who are eligible for Medicare than to retirees who are not yet eligible for Medicare.

• Electronic Health Records and the National Health Information Infrastructure ( October 2004 )
  Paul T. Smith of Davis Wright Tremaine LLP

  A broad-based public and private initiative is promoting the development of a national system of interoperable electronic health records (EHRs). This initiative raises challenging issues for health care providers, public health authorities, consumers and regulators.

• EEOC Announces Relief For Employers Providing Retiree Health Benefits ( July 2004 )
  Lisa C. Chagala of Littler Mendelson, P.C.

  On April 22, 2004, the EEOC approved a final rule that would permit employers to provide lesser benefits to retirees who are eligible for Medicare than to retirees who are not yet eligible for Medicare. This final rule would provide employers the opportunity to maintain certain retiree health programs, such as Medicare bridge programs and Medicare carve-out programs, with reduced risk of violating the EEOC's policy on the Age Discrimination in Employment Act ("ADEA").

• Health Law Advisory Bulletin: Changes to Prescription Drug Benefits Under New Medicare Act ( January 2004 )
  Marissa A. Olsen of Davis Wright Tremaine LLP

  The Medicare Prescription Drug, Improvement and modernization Act of 2003 contains the most extensive changes to Medicare since the program was enacted in 1965. Historically, Medicare has provided only a limited outpatient prescription drug benefit under Medicare Part B. Under the new law, eligible beneficiaries will be able to purchase drug discount cards starting in June 2004 and enjoy comprehensive prescription drug coverage under a new Medicare Part D beginning in January 2006.

• CMS Loosens Restrictions on Medicare Billing Reassignment of Physician Fees ( March 2004 )
  Susan L. Fine of Davis Wright Tremaine LLP

  Medicare now permits an entity to submit Medicare bills and receive payment for services furnished by a physician with whom it has a contract, regardless of where the services are furnished or whether an employer-employee relationship exists. This new rule greatly enhances flexibility for hospital-physician contracting.

• The 2003 Medicare Prescription Drug, "Improvement" And Modernization Act Provides Increased Revenue Opportunities ( December 2003 )
  Susan L. Fine and Lisa Rediger Hayward of Davis Wright Tremaine LLP

  Signed into law on Dec. 8, 2003, the Medicare Prescription Drug, Improvement and Modernization Act, P.L. 108-173 (the "Act"), with close to 200 major sections, has been called the largest overhaul to the Medicare Program since its inception. The Act not only creates a historic prescription drug benefit, but makes significant payment changes to Medicare Part A and Part B, and Medicaid. Congress has hailed the Act as correcting existing payment "inequities."

• HIPAA Administrative Simplification Rules Apply to Health Care Flexible Spending Accounts ( September 2003 )
  Bingham McCutchen LLP

  The United States Department of Health & Human Services ("HHS") has determined that health care flexible spending arrangements and cafeteria plans paying for medical care ("health FSAs") are generally covered by the privacy rule and the other administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as "group health plans."

• Unitization--A Mathematical Formula To Calculate Redeterminations ( September 2002 )
  Andrew B. Derman of Thompson & Knight

  Unitization equity redeterminations cause nightmares for those working in the upstream sector. The concept is not the problem; the process is. The typical equity redetermination process is ambiguous and contentious, often resulting in arbitration and/or litigation.

• Long Term Care ( January 1999 )
  Connie A. Raffa of Arent Fox LLP

  As our population ages, increasing numbers of individuals will require long term health care services. Services provided by home health agencies allow elderly individuals to receive medical and supportive assistance while remaining at home. Assisted living facilities serve those who cannot live on their own, i.e. , they require assistance with bathing, dressing, ambulating and the other activities of daily living. For those who require more complex or round-the-clock health services, nursing homes may be the best alternative.

• Hospitals Benefit from Medicare and Medicaid Giveback Legislation ( December 2000 )
  Pillsbury Winthrop Shaw Pittman LLP

  This alert summarizes the recently enacted the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act of 2000 that will yield financial and regulatory relief to hospitals participating in the Medicare program.