Articles and Blogs

The Department of Health and Human Services Office of Inspector General (“OIG”) recently issued a proposed rule that adds to and amends the Anti-Kickback Statute safe harbors and provides guidance regarding the Civil Monetary Penalty rules for beneficiary inducements and gainsharing (“Proposed Rule”).1 The Proposed Rule addresses several issues regarding the way providers interact with…Read More

Executive Summary On October 17, 2014, the Centers for Medicare & Medicaid Services (“CMS”) announced1 the extension of the November 2, 2011 interim final rule with comment that established waivers of some federal fraud and abuse laws as applied to Accountable Care Organizations (“ACOs”) participating in the Medicare Shared Savings Program (the “Program”). Without this…Read More

Ebola concerns continue to grow this week as two nurses who cared for an Ebola patient in Texas test positive for the virus. Hospitals, physician offices, clinics, emergency medical services (“EMS”), physical therapy offices and other health care providers, regardless of location, need to prepare now for a possible Ebola patient. Care for an Ebola patient will…Read More

Senator Urges Appropriators to Increase Hospital Preparedness Funding On October 13, Sen. Bob Casey (D-PA) asked the Senate Appropriations Committee to increase funding for the Hospital Preparedness Program (“HPP”) to $375 million in light of the Ebola outbreak spreading from West Africa. The HPP was authorized through the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 and…Read More

In a new case from the Southern District of Ohio, US_v_MillenniumRadiology, the court denied a motion to dismiss a False Claims Act suit, finding that compliance with a safe harbor could only be raised on summary judgment. The court also found that uncompensated service as a medical director could form the basis for a False Claims Act…Read More

WEBINAR As we move into the second year of open enrollment through the Health Insurance Exchanges, it is time to revisit the issue of Premium Support Programs, an issue that had a bit of a rollercoaster ride during last year’s open enrollment. Has the dust settled enough that you can safely implement a Support Program?…Read More

Selecting the most qualified real estate developer for a health care development project starts with a properly conceived and structured Request for Proposal (“RFP”). Health care real estate projects typically have longer project timelines because there are numerous additional considerations involved in such projects. A properly crafted RFP requires thoughtfulness, foresight and experienced legal counsel….Read More

The EEOC made headlines earlier this year when it filed suit against CVS Pharmacy, Inc., alleging that the company’s practice of conditioning certain employees’ severance pay on the signing of a separation agreement amounted to a pattern or practice of resistance to the full enjoyment of employees’ rights under Title VII of the Civil Rights…Read More

From October 1 through October 12, 2014, there were 14 federal cases reported that mentioned the False Claims Act. One was previously discussed in the September 2014 FCA Update. Eight more only tangentially discussed the False Claims Act. Five cases might be of interest to parties and counsel in a False Claims Act suit. US ex…Read More

As American health care gains some experience with Ebola patients, it is time to take the lessons learned from the facilities that first cared for patients with this disease to prepare your facility: The first domestic transmission of Ebola has been confirmed.  Donning and removing personal protective equipment (“PPE”) is a key risk for health…Read More