Daniel Melvin

Daniel Melvin

McDermott Will & Emery

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Latest Publications


CMS Finalizes Stark Law Amendments

On November 16, 2015, the Centers for Medicare and Medicaid Services (CMS) published the 2016 Medicare Physician Fee Schedule final rule with comment period in the Federal Register at 80 Fed. Reg. 70,886, which includes a...more

11/25/2015 - Amended Regulation CMS Exceptions Physician Compensation Arrangements Physician-Owned Hospitals Self-Referral Disclosure Protocol Stark Law

CMS Proposes Stark Law Amendments, Requests Comments on Whether Stark Law Is Barrier to Health Care Reform

On July 8, 2015, the Centers for Medicare & Medicaid Services (CMS) published a notice of proposed rulemaking to amend its regulations implementing and interpreting the Stark Law (the Proposed Rule). 80 Fed. Reg. 41,686,...more

7/28/2015 - CMS Comment Period FQHC Health Care Providers Healthcare Healthcare Reform Medicaid Medicare Nurse Practitioners Patient Referrals Physician Compensation Arrangements Physician-Owned Hospitals Physicians Proposed Regulation Rural Health Care Providers Stark Law

Tuomey’s Appeal of $237M False Claims Act Judgment Denied by the Fourth Circuit

In This Issue: - Background - Tuomey’s Second Appeal to the Fourth Circuit - The Trial Court’s Grant of a New Trial - Tuomey’s Request for Judgement as a Matter of Law on the Stark Law and FCA...more

7/13/2015 - Anti-Kickback Statute Appeals Employment Contract False Claims Act (FCA) Health Care Providers Healthcare Healthcare Fraud Hospitals Jury Instructions Medicare New Trial Non-Compete Agreements Patient Referrals Physicians Stark Law Treble Damages

Recent DOJ and OIG Actions Show Growing Federal Scrutiny of Physician Financial Arrangements

Over the last month the Office of Inspector General (OIG) of the Department of Health and Human Services and the Department of Justice (DOJ) have each taken actions that suggest an increasing appetite to examine the financial...more

7/2/2015 - Anti-Kickback Statute CMP Law DOJ False Claims Act (FCA) Fraud Alerts Healthcare Medical Directors OIG Physician Compensation Arrangements Physicians Stark Law

Court Upholds CMS' Prohibition on 'Under-Arrangements' Transactions, Strikes Down CMS' Prohibition on 'Per-Click' Equipment Rental...

A 2008 rule change from the Centers for Medicare and Medicaid (CMS)—which effectively prohibited referring physician-owned companies from furnishing hospital services “under arrangements”—has withstood a challenge by a...more

6/30/2015 - CMS DHS Hospitals Physician Ownership Physicians Stark Law

SGR Legislation Includes Gainsharing Fix and More Anti-Fraud Measures

The legislation repealing the Medicare sustainable growth rate formula (SGR), signed by President Obama on April 16, 2015, contained several anti-fraud related provisions that affect the health care industry. The provision...more

4/27/2015 - Amended Legislation CMP Law Gainsharing Hospitals Medicare OIG Physician SGR Formula Physicians

OIG Proposes Rule to Expand Civil Monetary Penalties and Solicit Comments on Penalty for Failure to Report and Return Overpayments...

Department of Health and Human Services, Office of Inspector General’s (OIG) proposed rule expands the use of civil monetary penalties and solicits comments on the penalty for failure to report and return overpayments. ...more

5/29/2014 - Civil Monetary Penalty CMS Healthcare HHS OIG Overpayment

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