Norman Tabler, Jr.

Norman Tabler, Jr.

Faegre Baker Daniels

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New Rule Permits Hospitals to Subsidize Physician Employees

A new 2016 Medicare physician payment rule allows hospitals and other provider institutions to make payments to physicians for the purpose of enabling them to employ nonphysician practitioners, such as nurse practitioners and...more

11/10/2015 - Affordable Care Act Health Care Providers Healthcare Medicare Payment Reform Stark Law

Health Facilities May Be Insuring Doctors Without Knowing It

A September 29 ruling by the New Jersey Supreme Court effectively makes a health facility liable for the professional negligence of a medical staff member who doesn’t have malpractice insurance or who has insurance that...more

10/8/2015 - Healthcare Healthcare Facilities Malpractice Insurance Medical Malpractice NJ Supreme Court Professional Liability Professional Negligence

Suing the Hand that Feeds You

Jeffrey Jacobs alleges that Idaho’s Pocatello Hospital violated the False Claims Act because of physician recruitment contracts that were overly generous to his practice group. Jeff should know because he was recruited under...more

10/7/2015 - Anti-Kickback Statute False Claims Act (FCA) Hospitals Medicaid Medicare Physicians Recruitment Incentives Recruitment Policies Reimbursements Stark Law Whistleblowers

Ky. Ruling Casts Doubt on Health Care Arbitration Agreements

Health care institutions in Kentucky may want to take a fresh look at their patient arbitration provisions, in light of a September 24 decision by the Kentucky Supreme Court. Out-of-state institutions may want to take a...more

10/2/2015 - Arbitration Arbitration Agreements Health Care Providers Hospitals KY Supreme Court Nursing Homes Power of Attorney Wrongful Death

Even Brain Surgeons Make Dumb Decisions

RHP hired Schindler to practice neurosurgery. Two years later, he developed various back-related physical issues that interfered with his ability to perform surgery. RHP took steps to accommodate him so that he could...more

9/29/2015 - Contract Interpretation Employment Contract Physicians

U.S. Third Circuit Allows Providers to Sue Health Insurers Directly

For many years, the United States Court of Appeals for the Third Circuit was out of step with its sister Courts of Appeal when it came to the issue of suing health insurance companies for failing to cover the medical expenses...more

9/18/2015 - Aetna Appeals Assignments ERISA Health Care Providers Health Insurance Insurance Industry

Two More Hospitals Qualify for Exception to Exception to Grandfather Exception to Elimination of Whole Hospital Exception to Stark...

The Stark Law generally prohibits physicians from referring Medicare and Medicaid patients to facilities in which they have an ownership interest. There used to be a “whole hospital exception” excluding entire hospitals (as...more

9/18/2015 - Affordable Care Act Anti-Kickback Statute CMS Grandfathering Rules Healthcare Hospitals Physicians Stark Law

Broward Health Wins Most-Illegal-Physician-Comp

Okay, there’s not really a Most-Illegal-Physician-Compensation Prize. But if there were, Florida’s North Broward Hospital District would have won in a walk. That’s why the district has agreed to pay the government $69.5...more

9/17/2015 - Anti-Kickback Statute False Claims Act (FCA) Healthcare Hospitals Patient Referrals Physician Compensation Arrangements Physicians Qui Tam Stark Law

Third Cir. Holds Hospitals May Sue Health Insurers Directly

Before September 11 the Third Circuit Court of Appeals had been out of step with its sister federal circuits when it came to the right of hospitals, physicians and other health providers to sue health insurers that failed to...more

9/15/2015 - Appeals Assignments Health Care Providers Health Insurance Healthcare Hospitals Insurance Industry Insurance Litigation Physicians

Another Study Undercuts Physician-Owned Hospital Suspicions

Physician-owned hospitals cherry-pick well-insured patients, disfavor Medicaid and minority patients, and charge more that their nonprofit counterparts, right? Wrong, says a new study published on September 2 by respected...more

9/7/2015 - Hospitals Physician-Owned Hospitals

Whistleblower Filed Too Early & Too Late for Share of $322M SCAN Scam Recovery

During his days as a data encounter manager at SCAN, Jim suspected the company had been double-billing Medicare and Medicaid for years. He expressed his concerns within SCAN. When he refused a job reassignment, he was fired....more

9/4/2015 - False Claims Act (FCA) Fraud Medicare Public Disclosure Qui Tam Whistleblower Awards Whistleblowers

Free Patient Parking May Trigger False Claims Act Violation

Who knew? When you park for free at your doctor’s office, you may be a pawn in a scheme to violate the Anti-Kickback Statute, the Stark Law, and the False Claims Act. It’s enough to make you sick....more

8/21/2015 - Anti-Kickback Statute False Claims Act (FCA) Hospitals Parking Lots Physicians Stark Law Whistleblowers

Hospital Chain Pays Heavy Price for Being Too Clever

Finding that Community Hospital Systems had been “too clever by half” in negotiating a global settlement agreement for seven whistleblower suits, a federal judge ordered the chain to pay the attorneys’ fees of all the...more

8/13/2015 - Attorney's Fees False Claims Act (FCA) Healthcare Hospitals Medicaid Medicare Settlement Stark Law TRICARE Whistleblowers

Court Adopts Tough Interpretation of 60-Day Repayment Rule

New York’s Mt. Sinai Hospitals can’t seem to catch a break in its long-running battle with whistleblower Bob Kane. First, the government joined the case and wanted not just the $1,000,000 in Medicaid overpayments, but an...more

8/5/2015 - False Claims Act (FCA) Hospitals Medicaid Qui Tam Software Treble Damages Whistleblowers

When Is a Hospital Not a Hospital?

Rebecca was a nurse at North Cypress Medical Center, in Texas. Back in 2011 she was treated for an eating disorder at Timberline Knolls Residential Treatment Center, in Illinois. When she sought reimbursement under the...more

8/1/2015 - Appeals Health Insurance Hospitals Nurses Prior Authorization Reversal Summary Judgment

OIG Approves Lease of Employees to Psych Hospital

On July 28 the Office of Inspector General (OIG) of Health & Human Services gave its blessing to a health system’s lease of employees to a related psychiatric system. Under the arrangement the system would also provide...more

7/30/2015 - Anti-Kickback Statute Exemptive Relief HHS Leases Medicare OIG Psychiatric Hospitals Safe Harbors Temporary Employees

Beware of Nurses Bearing Gifts

Alisia and David blew the whistle on their former employer, Nurses’ Registry & Home Health, for sending gift baskets and ticket events to doctors who referred patients to the home health operation. Their qui tam suit alleged...more

7/22/2015 - Anti-Kickback Statute Client Referrals False Claims Act (FCA) Gifts Home Health Care Nurses Physician Compensation Arrangements Physicians Qui Tam Stark Law Summary Judgment Whistleblowers

9th Circ. Relaxes Requirements for “Original Source” Whistleblowers

The False Claims Act makes it illegal to obtain government money through false claims. Under the Act a private party, known as a relator, may bring a civil suit on the government’s behalf against an entity that has allegedly...more

7/17/2015 - False Claims Act (FCA) Medical Devices Public Disclosure Relators Whistleblowers

Brace Yourself for another Round of Death Panel Debate

Remember the notorious “death panel” debate of 2009? Congress was considering a proposal to pay doctors for end-of-life counseling. Former vice presidential candidate Sarah Palin led the attack on the proposal, claiming...more

7/11/2015 - American Medical Association CMS Medicare Physician Fee Schedule Physician Medicare Reimbursements

Hospital May Fire Employee Whose Religion Prevented Working in Abortion Unit

In 2012 Nikita Montgomery was hired to work in the Planned Parenthood department of a county hospital. In accepting the employment, she told the hiring manager that she had left her employment at another family planning...more

7/9/2015 - Abortion Dismissals Hiring & Firing Hospitals Motion to Dismiss Religious Accommodation Religious Discrimination Retaliation Title VII

Bill Would Extend CMPs to Federal Grants

The bill known as the “21st Century Cures,” H.R.6, would extend Civil Monetary Penalties (CMPs) to cover false claims and false statements relating to grants, contracts, and other agreements funded by the Department of Health...more

7/8/2015 - 21st Century Cures Initiative Civil Monetary Penalty Clinical Trials False Claims Act (FCA) Federal Funding Health Care Providers Healthcare HHS Medicaid Medicare Pending Legislation TRICARE

Supreme Court Looks to Socrates' Trial to Rule in Favor of Whistleblowers

On May 26, 2015, the United States Supreme Court issued a decision favoring whistleblowers in False Claims Act cases, basing its decision in part on the status of the trial of Socrates. ...more

6/3/2015 - False Claims Act (FCA) Federal Contractors First-to-File KBR (formerly Kellogg Brown & Root) Popular SCOTUS Whistleblowers Young Lawyers

Supreme Court Renders Good News-Bad News Whistleblower Decision

Yesterday’s U.S. Supreme Court decision is good news and bad news for both whistleblowers and government contractors, including health care providers–a win for whistleblowers on one important issue, for contractors on...more

5/28/2015 - False Claims Act (FCA) Federal Contractors First-to-File KBR (formerly Kellogg Brown & Root) Qui Tam SCOTUS Statute of Limitations Wartime Suspension of Limitations Act Whistleblowers

Fraud So Complicated It Takes a Neurosurgeon

Generally, when a doctor is convicted for fraud, the misdeeds are limited to a single category of fraud. Maybe the doctor charged for procedures that weren’t performed; maybe there were kickbacks for referrals; or maybe...more

5/28/2015 - Criminal Prosecution Fraud Kickbacks Medical Devices Physician-Owned Distributors Physicians

Hospitals Rally to Defend 340B

A consortium of hospitals from across the country has delivered a letter to Congressional leaders, urging them to preserve the federal 340B program in its present form. Neither the content nor the timing of the letter was...more

5/22/2015 - 21st Century Cures Initiative Health Care Providers Healthcare Hospitals Legislative Committees Prescription Drugs Section 340B

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