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DOJ Targets COVID Related Fraud

On March 10, 2022, the Department of Justice (“DOJ”) appointed a Director for COVID-19 Fraud Enforcement. As a part of this announcement, DOJ announced some of its priorities in Health Care Fraud enforcement. The priorities...more

Anti-Kickback Statute and Stark Law Recent Updates

Those serving in the health care industry are all too familiar with the Anti-Kickback Statute and the Stark Law – physician self-referral and fraud and abuse laws that prohibit financial payments or incentives for referring...more

Loaded Questions: Are Noncompetition and Nonsolicitation Clauses Really Enforceable in Michigan?

As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes...more

HHS Announces the COVID-19 Vaccine Coverage Assistance Fund

On May 3, 2021, the U.S. Department of Health & Human Services (“HHS”) announced the creation of the COVID-19 Coverage Assistance Fund (“CAF”). Providers who administered the vaccine to patients on or after December 14, 2020,...more

The Regulatory Sprint to Value-Based Care: The New Safe Harbors and Stark Exceptions

On November 20, 2020, the Centers for Medicare & Medicaid Services (“CMS”) and the Office of the Inspector General (“OIG”) finalized the rules modifying the safe harbors under the Anti-Kickback Statute and exceptions under...more

The OIG’s FAQs Related to COVID-19

The Office of the Inspector General (“OIG”) for the Department of Health and Human Services (“HHS”) has developed a process for interested parties to obtain regulatory compliance guidance from the OIG prior to pursuing ...more

Update to Summary of Amendments to ACA Rules: Federal Court Blocks Certain Changes

On July 7, 2020, we published a client alert regarding the Department of Health and Human Services (the “HHS”) June 19, 2020 rule (“2020 Rule”) modifying the non-discrimination provision (“Section 1557”) of the Patient...more

Michigan Governor Rescinds Some and Extends Other Scope of Practice Rules

On July 13, 2020, Michigan Governor Gretchen Whitmer issued Executive Order (“EO”) 2020-150, which renewed and, at the same time, rescinded different relief measures previously granted to health care professionals in Michigan...more

Summary of Key Changes to Rules Implementing ACA Nondiscrimination Provisions

On June 19, 2020, the Department of Health and Human Services (“HHS”) released its final rule (the “Final Rule”) revising its enforcement of Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). In this...more

Michigan’s New COVID-19 Requirements for Long-Term Care Facilities

On April 15, 2020, Michigan Governor Gretchen Whitmer issued a new Executive Order, No. 2020-50 (the “E.O.”), to protect residents and staff of long-term care facilities and to ensure continued access of care. This E.O....more

Stark Law and Anti-Kickback Statute Waivers for COVID-19

In light of the COVID-19 pandemic, on March 30, 2020, the Secretary of the U.S. Department of Health and Human Services (the “Secretary”) released blanket waivers (the “Waivers”) under Section 1135 of the Social Security Act...more

CARES Act Increased Funding for the Public Health and Social Services Emergency Fund

The Coronavirus Aid, Relief, and Economics Security Act (the “CARES Act”) provided additional funding for the U.S. Department of Health and Human Services’ (“Department”) Public Health and Social Services Emergency Fund (the...more

The CARES Act: Changes Specifically Impacting Health Care Providers and Suppliers

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act (the “Act”). The purpose of the Act is to address the numerous areas impacted by the...more

What Health Care Providers and Suppliers Need to Know about the New Paycheck Protection Program under the CARES Act

The CARES Act establishes a new loan program for small businesses during the period starting on March 1, 2020, and ending on December 31, 2020, and in certain situations forgiveness of such loan, which many health care...more

DOJ and FTC Announce Expedited Antitrust Review Procedure and Guidance In Response To COVID-19

On March 24, 2020, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Bureau of Competition of the Federal Trade Commission (“FTC”) released a Joint Antitrust Statement Regarding COVID-19 (the “Joint...more

Pumping the Brakes: Amendments to Michigan's No-Fault Act and the Effect on Health Care Providers

This article was originally published on February 6, 2020. It has been revised to include additional guidance provided by the Michigan Department of Insurance and Financial Services (“DIFS”). In 2019, Michigan enacted...more

Between Absolute and Amorphous: The Draft Guidance On Vertical Mergers: Commentary On The Draft 2020 Guidelines

Businesses at different levels in the supply chain of a product choose to merge (“vertical mergers,” compared with “horizontal mergers” where businesses at the same level in the supply chain merge) for a variety of reasons,...more

HHS's Proposed Modification to the Personal Services Safe Harbor Under the Anti-Kickback Statute

On October 9, 2019, the U.S. Department of Health and Human Services (“HHS”) released newly proposed modifications to the safe harbor provisions for the Federal Anti-Kickback Statute. Among other proposals, HHS is proposing...more

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