In This Issue:

Money Talks, But Who’s Listening? by Kim Licata

Money talks, and for hospitals and physicians this can become a real problem when negotiating a fair-marketvalue compensation arrangement. Hospitals and physicians negotiating compensation arrangements may have more people “listening into” their discussions than they may want or even realize....

T Minus 60 Days and Counting: CMS’s New Repayment Deadline by Steve Shaber

The Basics. The Patient Protection and Affordable Care Act, Public Law 111-148 (Act), creates new potent requirements for providers and suppliers to return Medicare and Medicaid overpayments. Subsection 6402(d)(1) of the Act says...

Self-Disclosure Déjà Vu? by Kim Licata and Chris Brewer

The Voluntary Self-Referral Disclosure Protocol (SRDP) recently released by the Centers for Medicare and Medicaid Services (CMS) looks remarkably familiar. The new SRDP permits hospitals and other providers who believe that they are or might be providing services in violation of the federal Stark physician self-referral law (42 U.S.C. § 1395nn) to disclose such actual or potential violation to CMS in the hopes of resolving the matter as favorably as possible....

TriCare Network Contracts Create Affirmative Action Obligations for Hospitals by Danielle Barbour

The Office of Federal Contracts Compliance (OFCCP) has made no secret of its desire to impose affirmative action obligations on hospitals. It moved quite a bit closer to this goal last month by winning a case against a hospital that had signed a TriCare network contract....