Articles and Blogs

The OIG recently issued Advisory Opinion 13-15 disapproving of a part-time physician services agreement between an anesthesiologist group and a psychiatry group for the provision of electroconvulsive therapy (“ECT”) procedures at a hospital (the “Proposed Arrangement”).1  The OIG stated that because of an opportunity to generate a fee as a result of a referral, the Proposed…Read More

The Oregon Health Network (“OHN”) has appealed to the FCC an adverse ruling by USAC regarding whether health care provider service locations that are urban, but are not licensed bed hospitals (or other eligible entities), will qualify for funding under the Healthcare Connect Fund (“HCF”). The determination of this issue will clarify whether the scope of…Read More

Executive Summary On November 27, 2013, President Obama signed the Drug Quality and Security Act (“Act”) into law. The Act was introduced primarily in response to longstanding issues highlighted by a deadly fungal meningitis outbreak that occurred last year. The Act, which is aimed at ensuring providers and patients have access to safe compounded drugs,…Read More

Yesterday afternoon, November 26, 2013, the Treasury Department and the Internal Revenue Service (“IRS”) issued Proposed Regulations (available here) that would clarify the limitations on political campaign activities by tax-exempt social welfare organizations.  In connection with these Proposed Regulations, the Treasury Department and the IRS have requested comments on these limitations as well as the need…Read More

Executive Summary Legislation aimed at ensuring providers and patients have access to safe compounded drugs was passed by both the U.S. House of Representatives and the Senate and will now proceed to the President for signature.  This legislation, a product of bipartisan efforts by leaders from the Senate and House committees overseeing health policy, was…Read More

Executive Summary Earlier this month, the U.S. District Court for the Middle District of Florida held that the bonus compensation arrangements between a Florida hospital (“Hospital”) and its employed medical oncologists violated the Stark Law. The Court concluded that the Hospital’s bonus pool methodology, which included chemotherapy revenues, did not satisfy the requirements of the Stark…Read More

Push for SGR Repeal Continues The Senate Finance Committee will meet on December 12 to consider a bill to fully repeal the Sustainable Growth Rate (“SGR”). The legislation that will be offered by Finance Committee Chairman Baucus (D-MT) will be distributed 48 hours before the start of the markup. Although he has not identified which Medicare…Read More

The Creating Access to Rehabilitation for Every Senior Act of 2013 (“Bill”) was introduced this week by Representative James Renacci (R-OH) to the House.  This Bill proposes to waive the three-day qualifying stay requirement for admission to a skilled nursing facility (“SNF”) under Medicare.  

Previous blog posts have highlighted the importance of analyzing, for purposes of both day-to-day operations and litigation strategy considerations, whether, as an initial matter, an individual can even invoke the anti-discrimination protections available under certain federal employment laws (e.g., Title VII, ADA, ADEA, ERISA). For example, our May 11, 2012 post analyzed whether a physician…Read More