Articles and Blogs

Bipartisan Stark Law Correction Bill Reintroduced On February 5, Reps. Charles Boustany (R-LA) and Ron Kind (D-WI) reintroduced the Stark Administrative Simplification Act (H.R. 376). The legislation corrects the disproportionate penalties a hospital can incur under the Stark Law for having an unwritten, unsigned or lapsed agreement that is otherwise compliant with federal fraud and…Read More

Health care data breaches are not new. The breach announced by health insurer Anthem on February 5, 2015 is notable mostly for its scope. According to Anthem’s statement, hackers utilized a very sophisticated cyber attack to gain access to the information of potentially 80 million current and former Anthem members. The information accessed included names,…Read More

with Drew B. Howk On Monday, February 2, well-respected Federal District Court Judge Jed S. Rakoff awarded costs to the prevailing Defendant in US ex rel. Associates Against Outlier Fraud v. Huron Consulting, Case No. 09 Civ. 1800(JSR). The case had a long history. The Complaint was originally filed in February 2009. It was unsealed ten months later…Read More

This article has been republished with permission from the American Health Law Association. On December 31, the Food and Drug Administration (FDA) issued a guidance stating that it will delay enforcement of certain new product tracing requirements, included in the recently enacted Drug Supply Chain Security Act (DSCSA), until May 1. The delayed requirements were…Read More

Just three months ago, the Department of Justice announced a record year for False Claims Act recoveries totaling more than $5 billion, including $2.3 billion from health care defendants alone. Helping to contribute to these recoveries was another record: over 700 whistleblower cases filed in 2014.

Written by David B. Honig and Steven H. Pratt. On February 2, the Sixth Circuit Court of Appeals ruled on a case from the Southern District of Ohio, US ex rel American Systems Consulting, Inc. v Mantech Advanced Systems International. At issue was whether a court may determine whether a knowingly false statement in a proposal for a…Read More

CMS recently published a notification on its website in response to inquiries regarding the annual reporting requirement for physician-owned hospitals.  In the notification, CMS expressed concerns about the quality of the data collected for the CY 2014 annual report and noted that it would further examine the details of the report prior to publication.  Because…Read More

Code Section 501(r) created a seismic shift in the tax exemption criteria for hospitals. Now that the IRS has unveiled the Final Regulations in this area of law, 501(r) compliance needs to become a focal point for tax-exempt hospitals, which must move swiftly to comply with the new requirements. As part of Hall Render’s ongoing…Read More

Medicare Proposes Shift in Payments On Monday, January 26, HHS Secretary Sylvia Burwell announced a proposed shift in the way health care providers are paid by expanding the use of alternative payment models.  According to the announcement, HHS has set a goal of tying 30% of traditional fee-for-service Medicare payments to quality or value through…Read More

Have you ever heard of trypanophobia? If not, it means a fear of needles, which, in this case, resulted in a jury verdict of $2.6 million to a Rite Aid pharmacist whose fear of needles prevented him from giving flu shot immunizations as a required part of his job. Is “Needle Phobia” an ADA Disability…Read More