Norman Tabler, Jr.

Norman Tabler, Jr.

Faegre Baker Daniels

Contact  |  View Bio  |  RSS

Latest Publications

Share:

OIG Issues Compliance Guidelines for Governing Boards

On April 20, 2015, the Office of Inspector General (OIG) of the Department of Health & Human Services issued new compliance guidance for governing boards of hospitals and other health care organizations....more

4/23/2015 - Board of Directors Chief Compliance Officers Corporate Governance Health Care Providers Healthcare Facilities Hospitals OIG

Whistleblower Pays Price for Frivolous Suit

On Wednesday of this week, the federal court for the Southern District of New York rejected Fox’s plea to spare it from the $169,000 bill submitted by the white shoe law firm that successfully defended Managed Health Care...more

4/17/2015 - Frivolous Lawsuits Whistleblowers

The Enemy of My Enemy Is My Friend

We don’t normally think of American Hospital Association and the Federation of American Hospitals as friends. After all, the AHA represents nonprofits, while the FAH represents for-profits. ...more

4/3/2015 - American Hospital Association Federation of American Hospitals Hospitals Non-Profit Hospitals Physician Hospital Organizations Physicians Stark Law

Medicaid Decision Makes Strange Bedfellows

The Idaho Medicaid program scored a victory in the United States Supreme Court today, and did it by persuading normally liberal Justice Breyer to enter the conservative tent reliably inhabited by Justices Scalia, Thomas,...more

4/1/2015 - Armstrong v Exceptional Child Center Health Care Providers Healthcare Medicaid Medicaid Act Preemption Private Right of Action SCOTUS Supremacy Clause

Late Notice of Claim Costs Kentucky Hospital $10 Million

A federal court in Kentucky ruled on March 17 that Ashland Hospital had forfeited $10 million of insurance coverage because it was late in notifying its insurance company of the claim....more

3/23/2015 - Claims Made Policy D&O Insurance Hospitals Late Notices

The Cost of Health Care Isn’t the Price of Health Care

It’s common to use the term “cost of health care” to mean the price of health care. But there is a difference—often a huge difference....more

3/18/2015 - Employer Liability Issues Healthcare Workplace Injury

OIG Wants CMS to Take a Scalpel to Surgery Costs

The Office of Inspector General (OIG) of Health & Human Services is recommending that CMS make a major reduction to the amount it pays hospitals for certain kinds of surgery. ...more

3/18/2015 - CMS Healthcare Hospitals Medicare OIG Surgery

Prescriptions for the Headache of High Cost Drugs

A March 11 policy conference in Washington produced some creative thinking about the problem of high-cost specialty drugs. And on the same day, the RAND Corp. think tank released a study on the subject, “Borrowing for the...more

3/13/2015 - Debt Financing Drug Manufacturers Healthcare Costs Pharmaceutical Prescription Drugs RAND

Pro Se and Ex Rel. Don’t Mix, Even for Attorney Whistleblowers

William Verrinder filed a False Claims Act against three of America’s biggest companies—Wal-Mart, Sears and Rite-Aid—claiming they charged Medicare for expired drugs. Since he’s a lawyer himself, he filed pro se. That way he...more

3/11/2015 - False Claims Act Pro Se Litigants Rite Aid Sears Wal-Mart Whistleblowers

There’s No Such Thing as Bad Publicity

As of March 3, Solvay Pharmaceuticals is ready to second P.T. Barnum’s famous dictum that there’s no such thing as bad publicity. That’s the day a federal court in Texas dismissed a qui tam action against Solvay....more

3/10/2015 - Dismissals Kickbacks Off-Label Promotion Pharmaceutical Physicians Qui Tam Solvay Pharmaceuticals Whistleblowers

Attention Seniors! Check Into a Hospital and Get $100!

OIG Advisory Opinion 15-03 approves a Medigap insurer’s program that, among other things, calls for (a) network hospitals to waive the deductible for Medicare enrollees, (b) the insurer to pay the hospital network a fee each...more

3/4/2015 - Health Insurance Healthcare Hospitals Medicare Medigap OIG

Florida Hospitals Face Glenn Close-Like Threat

Remember the evil Glenn Close character in Fatal Attraction? We were sure Michael Douglas had drowned her in the bathtub, but she popped up again, still alive and scary as all get-out. Class actions by uninsured...more

3/3/2015 - Breach of Contract Class Action Hospitals Unfair or Deceptive Trade Practices

Peer Review Concludes with Termination of Reviewer

You read that correctly: the hospital fired the physician who did the reviewing in a medical staff peer review proceeding. Hospital executives present at the proceeding felt the reviewing physician was too harsh in...more

2/27/2015 - Confidentiality Hiring & Firing Hospitals NM Supreme Court Peer Review Physicians Private Right of Action Termination

These Doctors Work Hard – Over 24 Hours a Day

Sir Arthur Conan Doyle might have called it “The Case of the Doctors Who Work More than 24 Hours a Day.” Unfortunately for the physician group in question, Sir Arthur wasn’t the author; the federal court for the Northern...more

2/26/2015 - False Claims Act Health Care Providers Healthcare Hospitals Physician Medicare Reimbursements Physicians

Black Tuesday Falls on a Friday for Nation’s Nursing Homes

If you think of CMS quality ratings as the Dow Jones index, then last Friday, February 20, was the equivalent of Black Tuesday, October 29, 1929, the day the stock market collapsed. Why? ...more

2/24/2015 - CMS Healthcare Nursing Homes Rating System

Can an Arbitrator Rule Against a Hospital for Not Violating the Anti-Kickback Statute?

Here’s a nightmare. An arbitrator rules against your hospital for failing to honor an agreement to refer Medicare patients to a home health agency. Why? Because the home health agency paid your hospital good money for the...more

2/17/2015 - Anti-Kickback Statute Arbitration Arbitrators Healthcare Home Health Agencies Hospitals Medicare Patient Referrals Petition for Writ of Certiorari SCOTUS

A Risk Manager with a Law Degree Is Still a Risk Manager

In the health care industry the line between attorneys and risk managers is often blurred. That’s only natural because a key duty of risk management is to avoid and mitigate legal liability. And it’s increasingly common for...more

2/17/2015 - Employer Liability Issues Health Care Providers Risk Management Sex Discrimination

Seventh Circuit Adopts Broad Definition of Anti-Kickback “Referral”

The federal Anti-Kickback Statute makes it a crime to give or receive anything of value in return for “referral” of a Medicare patient. But exactly what is a “referral”? That’s the issue decided by the Seventh Circuit last...more

2/13/2015 - Anti-Kickback Statute Healthcare Home Health Care Medicare Patient Referrals

Cayman Insurance Law Amendments Enhance Captive Flexibility

On January 16, 2015, the Cayman Islands published new insurance regulations affecting portfolio insurance companies (PICs). The regulations are designed to provide more flexibility to insurance companies incorporated as...more

2/12/2015 - Cayman Islands Insurance Industry Portfolio Insurance Companies

This Just in: OIG Rules Free Diapers Are Not an Illegal Kickback

The February Profile in Courage Award goes to the Office of Inspector General (OIG) of the Department of Health & Human Services. In its very first Advisory Opinion of the year, the OIG has boldly proclaimed that a provider...more

2/12/2015 - Children's Products Healthcare Healthcare Providers HHS Kickbacks Medicaid OIG

Rip Van Winkle Fails in Effort to Enjoin Peer Review Process

Okay, it wasn’t really Rip Van Winkle. Rip slept for only twenty years. It was Dr. Legrand Belnap who sued a Salt Lake City hospital and its medical executive committee members. ...more

2/9/2015 - Healthcare Hospitals Peer Review Physicians

No False Claim Despite Violation of Licensing Law and Medicare Conditions of Participation

Last week a federal court in Florida granted a radiology practice’s motion for judgment in its favor in a False Claims Act case, despite these formidable obstacles: (1) the practice had billed Medicare for services performed...more

2/5/2015 - False Claims Act Health Care Providers Healthcare Licensing Rules Medicare Summary Judgment

Ministry Motivation Costs Hospital $59 Million

Sometimes doing the right thing for the right reason can be costly. Last week it cost nonprofit Via Christi Regional Medical Center $59 million....more

2/5/2015 - Hospital Mergers Hospitals Non-Profits Provider Reimbursement Review Board

Court Rejects AG-Approved Partners HealthCare Acquisitions

It took three years for Massachusetts hospital giant Partners HealthCare System to negotiate the state attorney general’s approval of its plan to acquire three more hospitals to add to its current 12. But last Thursday a...more

2/3/2015 - Antitrust Provisions Consent Decrees Hospital Mergers Hospitals

Does Med Mal Statute of Limitations Apply to Indemnification Claims?

Last week the South Carolina Supreme Court issued an opinion addressing the issue whether an indemnification claim is subject to that state’s medical malpractice statute of limitations, when the claim is for recovery of a...more

2/2/2015 - Indemnification Medical Malpractice Settlement Statute of Limitations

137 Results
|
View per page
Page: of 6

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×