Articles and Blogs

OIG recently issued Advisory Opinion 14-06, determining that a proposed arrangement for patient referrals to a specialty pharmacy had the potential to generate prohibited remuneration under the Anti-Kickback Statute.  The proposed arrangement involved a specialty pharmacy paying a support services fee to local retail pharmacies when the local pharmacies referred patients to the specialty pharmacy. …Read More

Protected Rights Expanded in Solidarity We have all become familiar with the protected rights of employees under the National Labor Relations Act. To be protected under Section 7 of the NLRA, employee conduct must be both “concerted” and engaged in for the purpose of “mutual aid or protection.” The question that the NLRB was presented…Read More

Essentially all of our clients conduct pre-employment background checks on their employees. These background checks generally include a criminal history and license, certification and/or registration records. Sometimes these checks also include driving and/or credit records. All of these reports are considered “consumer reports” under the Fair Credit Reporting Act (“FCRA”) and, accordingly, clients who use…Read More

Estheticians wishing to offer laser tattoo removal should remember that the procedure requires more than just a new machine; it also requires the presence of a physician. Kentucky law expressly prohibits estheticians practicing in the state from performing laser treatments unless practicing under the immediate supervision of a licensed physician. The term immediate supervision in…Read More

Executive Summary On August 4, 2014, the United States Department of Justice (“DOJ”) announced a settlement of a staggering $98.15 million with the nation’s largest operator of acute care hospitals (“Health System”).  The settlement resolves multiple lawsuits filed under the qui tam (whistleblower) provisions of the federal False Claims Act that prohibits a person from…Read More

Since July 2013, CMS has instituted a moratorium on new home health agencies (“HHAs”) enrollments in Miami and Chicago areas.  Earlier this year in February, CMS added Fort Lauderdale, Detroit, Dallas and Houston to the moratorium.  This month, CMS has renewed the moratoria for all six locations for an additional six-month period, with the option…Read More

On Tuesday, August 5, the Federal Communications Commission proposed changing how it defines high-speed Internet to download speeds of 10 megabits per second (Mbps) for a service to qualify as broadband. The FCC currently defines broadband Internet as 4 Mbps download speed. The FCC is seeking public comment on whether those bandwidth thresholds should be increased…Read More

President Obama’s latest Executive Order  (“EO”) is entitled “Fair Pay and Safe Workplaces,” but its requirements on federal contractors go beyond compensation and safety.  The good news is that implementation of these new requirements is not expected to be begin until 2016.  By then, we hope to have new regulations that better explain the EO’s…Read More

On August 5, 2014, the Centers for Medicare & Medicaid Services (“CMS”) released the 2015 Inpatient Prospective Payment System (“IPPS”) Final Rule (“Final Rule”).  Among other changes in the Final Rule, CMS is adopting updated labor market area delineations based on the 2010 census to take effect on October 1, 2014.  Hospitals should review whether…Read More

Executive Summary On July 28, 2014, the Department of Health and Human Services Office of Inspector General (“OIG”) released Advisory Opinion No. 14-05 (“AO 14-05”), addressing one of OIG’s favorite foci, federal health care program “carve out” arrangements.  AO 14-05 was issued in response to a pharmaceutical manufacturer’s (“Company”) request for review of its direct-to-patient…Read More