Uncertain. What better word to describe a year in which a new administration came to power and began to chart a new course for health policy, the fate of the Affordable Care Act (ACA) hung in the balance, and courts grappled...more
1/25/2018
/ Affordable Care Act ,
Alternative Payment Models (APM) ,
Cooperative Compliance Regime ,
Department of Justice (DOJ) ,
Electronic Health Record Incentives ,
False Claims Act (FCA) ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Reform ,
Hospital Mergers ,
Meaningful Use ,
OIG ,
Prescription Drug Coverage ,
Repeal ,
Section 340B ,
Stark Law ,
Trump Administration ,
Universal Health Services Inc v United States ex rel Escobar
We are pleased to present our annual review of developments in the field of health law. The year was marked by key changes in False Claims Act jurisprudence and Medicare payment policy. 2016 also brought with it focused...more
1/25/2017
/ 60-Day Rule ,
ACOs ,
Centers for Medicare & Medicaid Services (CMS) ,
Corporate Executives ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
ESRD ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Trade Commission (FTC) ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Reform ,
Hospital Mergers ,
Long Term Care Facilities ,
Materiality ,
Medicare ,
Medicare Access and CHIP Reauthorization (MACRA) ,
Medicare Shared Savings Program ,
MIPS ,
OCR ,
Off-Campus Departments ,
OPPS ,
Personal Liability ,
Physician Payments ,
Presidential Elections ,
SCOTUS ,
Stark Law ,
Trump Administration ,
Universal Health Services Inc v United States ex rel Escobar ,
Yates Memorandum
With 2015 in the books, we are pleased to reflect on some of the major developments over the past year in the field of health law. The year was marked by changes in Medicare payment models—from government pronouncements...more
1/7/2016
/ Affordable Care Act ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Individual Accountability ,
King v Burwell ,
Medicare ,
Medicare Access and CHIP Reauthorization (MACRA) ,
NC Board of Dental Examiners v FTC ,
Overpayment ,
PHI ,
SCOTUS ,
Stark Law ,
Tuomey ,
Value-Based Payments ,
Yates Memorandum
Each year brings significant changes and challenges in the laws governing the health care industry, and 2014 proved to be no exception. What the year may have lacked in the high drama that accompanies comprehensive health...more
12/31/2014
/ ACOs ,
Affordable Care Act ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
CMP Law ,
Cybersecurity ,
Ebola ,
Enforcement ,
Enforcement Actions ,
False Claims Act (FCA) ,
Halbig v Burwell ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Reform ,
King v Burwell ,
Medicare Shared Savings Program ,
OIG ,
Patient Confidentiality Breaches ,
PHI ,
Popular ,
Stark Law ,
Tax Credits
On August 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless...more
As 2013 draws to a close, we are pleased to look back on the year that was and highlight some of the key developments in the ever-changing field of health law. While a great deal of attention was focused on the implementation...more
12/30/2013
/ Acquisitions ,
Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Drug Compounding ,
Health Insurance Exchanges ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare.gov ,
HITECH Act ,
Hospitals ,
Medicaid Expansion ,
Medicare Part A ,
Mergers ,
MHPAEA ,
Physician Payments ,
Physician-Owned Distributors ,
Stark Law
The Centers for Medicare & Medicaid Services (CMS) has extended the deadline for physician-owned hospitals seeking to avail themselves of the “whole hospital” exception or “rural provider” exception to the Stark Law to report...more
Physician-owned hospitals that seek to avail themselves of the “whole hospital” exception or “rural provider” exception to the federal physician self-referral law, commonly known as the Stark Law, should carefully review...more
On April 17, 2013, the Office of Inspector General (OIG) of the United States Department of Health and Human Services (HHS) revised its Provider Self-Disclosure Protocol (SDP), originally published in 1998, and updated in...more
FTC staff advisory opinions are not issued all that frequently and advisory opinions regarding clinical integration are issued even less frequently. The latest advisory opinion, issued last week, is therefore noteworthy, not...more