Karen S. Lovitch

Karen S. Lovitch

Mintz Levin

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Latest Posts › Healthcare


Skeletons in the Closet? Beware of Potential Enforcement Actions

With Halloween looming, a discussion of skeletons that may be lurking in a health care provider’s closet is timely. Many of our previous posts, as well as the monthly Qui Tam Updates published by our Health Care Enforcement...more

10/29/2015 - 60-Day Rule Affordable Care Act Anti-Kickback Statute CMS DOJ Enforcement Actions Fair Market Value False Claims Act (FCA) Final Rules Health Care Providers Healthcare Healthcare Fraud Overpayment Physician Compensation Arrangements Qui Tam Relators Safe Harbors Settlements Stark Law Suppliers Third-Party Training

Illinois Legislature Passes Anti-Markup Law Applicable to Pathology Services

Last Thursdday both chambers of the Illinois legislature voted to override the Governor’s amendatory veto and passed Public Act 098-1127, which prohibits a physician from charging a markup on anatomic pathology services if...more

12/8/2014 - Healthcare New Legislation Physician Payments Physicians

CMS Finalizes OPPS Rule Packaging Pathology Services Ordered for Hospital Outpatients

As part of the Outpatient Prospective Payment System (OPPS) Rule issued last week, the Centers for Medicare & Medicaid Services (CMS) finalized its proposal to conditionally package certain ancillary services assigned to APCs...more

11/7/2014 - CMS Healthcare Hospitals Inpatient Billing OPPS

Federal Court Rejects Relator’s Swapping Allegations in False Claims Act Case

This week a federal district court in Ohio ruled in favor of Mobilex USA (Mobilex), the country’s largest mobile medical imaging company, on a motion for summary judgment in a False Claims Act (FCA) suit filed by a former...more

8/18/2014 - False Claims Act (FCA) Healthcare Medicare Medicare Part A Medicare Part B

New Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services

The Fiscal Year 2015 budget for the Commonwealth of Massachusetts, which was signed into law earlier in the week, included a broad prohibition on clinical laboratory self-referrals. This legislation (the “Bill”) originally...more

7/21/2014 - Clinical Laboratories Healthcare New Legislation Physicians Self-Referral

Provisions of Interest to Labs in the Protecting Access to Medicare Act of 2014

The Protecting Access to Medicare Act of 2014 (HR 4302), signed by President Obama yesterday, contains a number of provisions that are important to clinical laboratories, and they include...more

4/3/2014 - Clinical Laboratories Healthcare Medicare Pharmaceutical Industry

CMS Finalizes HIPAA and CLIA Amendments Intended to Increase Patient Access to Test Results

Yesterday the Centers for Medicare & Medicaid Services (CMS) finally published the long-awaited final rule amending the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and the Health Insurance Portability and...more

2/5/2014 - CLIA Clinical Laboratories CMS Healthcare HHS HIPAA OCR

CMS Issues Medicare Physician Fee Schedule Without Finalizing Proposal Most Harmful to Independent Laboratories

On the day before Thanksgiving and a little over one month after the end of the government shutdown, the Centers for Medicare & Medicaid Services (“CMS”) published a rule finalizing revisions to payment policies under the...more

12/4/2013 - Clinical Laboratories CMS Healthcare Medicare MPFS Physician Fee Schedule Physicians

Extension of EHR Donation Sunset Date Proposed by OIG/CMS

The Office of Inspector General for the Department of Health and Human Services (OIG) and the Centers for Medicare & Medicaid Services (CMS) have proposed to extend the sunset date on the safe harbor and exception for...more

4/9/2013 - Anti-Kickback Statute CMS EHR Healthcare OIG Proposed Regulation Sunset Provisions

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