In a technical assistance letter (“TAL”) from September 6, 2013, the Office of Special Counsel (“OSC”) reaffirmed its warning against asking job applicants to specify their citizenship status during the application process. The OSC noted that rejected applicants may believe that the employer used such information to discriminate against them […]
Publications
Five Things Every HR Person Should Know About the Form I-9
Although it includes nine pages of instructions and a lengthy handbook of over seventy pages, there are five things about the Form I-9 that every HR person should know to avoid severe penalties in the event of an audit by Homeland Security Investigations or ICE. While following the tips below […]
Sunset of the Stark and Anti-Kickback EHR Donation Exceptions
In 2006, CMS and the OIG promulgated a Stark exception and an Anti-Kickback safe harbor to encourage the development and adoption of interoperable electronic health record systems in communities. The exception and safe harbor allowed hospitals to donate up to 85 percent of the cost of EHR software and training […]
Departments Release Final Rules for Mental Health Parity
On November 8, 2013, the Departments of Treasury, Labor, and Health and Human Services announced the publication of the final rules under the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The final rules include requirements to ensure parity between mental health or substance use disorder benefits and […]
CMS Revises Views on Denying Medicare Enrollment Based on Outstanding Overpayments
After rescinding proposed instructions on Medicare provider enrollment denials for applicants with outstanding overpayment liability earlier this year, the Centers for Medicare & Medicaid Services (CMS) has clarified its guidance. CMS’s revisions to chapter 15 of the Medicare Program Integrity Manual outline the process by which a provider enrollment application […]