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Supreme Court Holds That Pension Plans Maintained By Religiously-Affiliated Health Systems Are Not Subject To ERISA

On June 5, 2017, the U.S. Supreme Court issued a decision holding that pension plans operated by church-affiliated hospitals qualify as “church plans” under the law.  The lawsuit was initiated by Advocate Health Care Network and two other religiously- affiliated health care systems (including Saint Peter’s Health Care System in New Jersey), which argued that […]

U.S. Supreme Court Issues Important Decision Regarding False Claims Act Liability

On June 16, 2016, the United States Supreme Court issued a unanimous decision which held that an implied false certification made for the purpose of claiming payment from the government can serve as a basis for False Claims Act liability. The court held that when an individual or entity submits a claim to the government […]

June 20, 2016 Regulatory Developments

Here are the most recent health care related regulatory developments as published in the New Jersey Register on June 20, 2016: On June 20, 2016 at 48 NJR 1049, the Department of Banking and Insurance published notice of its proposed readoption with amendments to its rules governing New Jersey Workers Compensation managed care organizations. On […]

NJ Tax Court Upholds Morristown Tax Assessor’s Denial of Property Tax Exemption for Non-Profit Hospital

The New Jersey Tax Court has issued a decision that could have broad implications for a majority of New Jersey’s hospitals.  In AHS Hospital Corp vs. Township of Morristown, Dockets Nos. 010900-2007 et als., the Tax Court held that a majority of Morristown Memorial Medical Center’s property was subject to property tax, even though the […]

Appellate Division Holds That Applicants For A Professional License Need Not Exhibit An Intent To Deceive In Order To Have Their License Application Denied Due To Misrepresentation

The Appellate Division recently issued a decision in which it found that an applicant’s failure to disclose information on their application for a license could be denied based on a finding that their application contained a misrepresentation, even if the failure to disclose was unintentional.  In Matter Of Y.L., an applicant for a license as […]

Beth Christian Receives the 2014 Distinguished Service Award by NJSBA’s Health Law Section

Beth Christian, a Shareholder in GH&C’s Health Care Practice Group was recently presented with the 2014 Distinguished Service Award by the Health Law Section of the New Jersey State Bar Association. The honor was given to her in recognition of her outstanding service and contributions. For full press release please click here.

Legislature Expands Health Care Service Firm Licensing Requirements

Recent amendments to the health care service firm law will require companies providing companion services in New Jersey to become registered as a health care service firm.  Currently, entities that place or arrange for the placement of personnel to provide health care or provide personal care services in the personal residence of a person with […]

Appeals Courts Issue Conflicting Decisions Regarding Health Care Exchange Subsidies Under the ACA

Yesterday, two different federal appeals courts issued conflicting decisions regarding the provision of premium subsidies under the Affordable Care Act to individuals who access health insurance coverage in states that use the federal exchange.  A three judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that language of the Affordable Care […]

Appellate Division Holds that Nurse who Refused Flu Vaccine was Improperly Denied Unemployment Benefits

Efforts by health care related employers to mandate flu vaccination for all of their employees appears to have suffered a setback in New Jersey.  Last week, the Appellate Division issued its decision in Valent v. Board of Review, Department of Labor and Hackettstown Community Hospital and reversed the denial of unemployment benefits for a nurse […]

EMERGENCY DEPARTMENT PHYSICIANS AND HOSPITAL FOUND NOT LIABLE FOR FAILURE TO INITIATE CHILD ABUSE REPORT

The New Jersey Supreme Court has issued a decision finding that an emergency department physician and the hospital where he worked did not breach their duty to report suspected child abuse for failure to report a child’s ingestion of cologne.  The Supreme Court reversed an earlier decision of the Appellate Division, which had found that […]

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