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OIG and CMS Modify AKS Safe Harbor and Stark Law Exception for EHR Donations

The Situation: In light of the now widespread adoption of electronic health records ("EHR") technology, the U.S. Department of Health and Human Services Office of Inspector General ("OIG") and Centers for Medicare & Medicaid...more

New Stark Law and Anti-Kickback Statute Protections for Cybersecurity Technology

The Situation: The adoption of new technologies has been a hallmark of the health care industry in the twenty-first century. While these technologies have helped to improve both industry efficiency and patient outcomes, the...more

Certain Pharmaceutical Discounts No Longer Safe Under the "Safe Harbors"?

The proposed rule evidences the HHS' and the Administration's continued interest in reducing federal spending for pharmaceutical products. On February 6, 2019, the Department of Health and Human Services ("HHS") published...more

2018 Budget Act Eases Stark Law Requirements, Increases AKS and CMP Penalties

The Bipartisan Budget Act of 2018, signed into law on February 9, 2018, imposes changes on health care fraud and abuse laws that appear to reflect Congress's desire to reduce the draconian threat of strict liability under the...more

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