Baker Ober Health Law

Firm Profile: Baker Donelson
165 Madison Avenue
Suite 2000
Memphis, TN 38103, United States
Phone: 901.526.2000
Fax: 901.577.2303
Areas of Practice
  • Health
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Louisiana
  • Maryland
  • Mississippi
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

Precision Medicine Advances: Medicare Coverage of Next Generation Sequencing Testing

Medicare recently released a new national coverage determination (NCD) that addresses certain diagnostic laboratory tests using Next Generation Sequencing (NGS) for patients with advanced cancer. NGS technology has made it…more
 /  Health, Science, Computers, & Technology

Moving? Selling? Don't Forget to Report Your CHOW to Medicare

In a recent edition of MLN Connects, CMS reminded health care providers and suppliers of their obligation to report changes in ownership as part of their conditions of participation under Medicare…more
 /  Government Contracting, Health, Science, Computers, & Technology

CMS Issues Updated Medicare Payment and Billing Policies for 340B Hospitals

On April 2, 2018, CMS issued updated guidance related to the dramatic Medicare payment reductions that went into effect this year for certain 340B hospitals. The guidance explains the planned application of the payment cuts as…more
 /  Administrative Law, Civil Remedies, Constitutional Law, Elections & Politics, Health

Court Finds Jurisdiction to Bar Recoupment Associated with Pending Claims Appeal

On March 27, 2018, the United States Court of Appeals for the Fifth Circuit published an opinion that provides Family Rehabilitation, Inc. (Family Rehab) a second chance to postpone recoupment of about $7.6 million in Medicare…more
 /  Administrative Law, Civil Procedure, Civil Remedies, Health

OIG March 2018 Work Plan Update

The OIG's March 2018 Work Plan update included seven items. Not surprisingly, the opioid crisis continues to be an area of focus for the OIG. The OIG also intends to review the oversight of vocational rehabilitation provided…more
 /  Health, Indigenous Peoples, Science, Computers, & Technology

OIG Advisory Opinion 18-01: Excluded Individual May Serve as Marketing Liaison to LTC Pharmacies

In OIG Advisory Opinion 18-01, published February 27, 2018, the OIG concluded a proposed employment arrangement between an excluded individual and a for-profit company selling discounted emergency medications to long term care…more
 /  Administrative Law, Government Contracting, Health, Science, Computers, & Technology

Tax Reform Impacts Resolutions of FCA Enforcement Actions

The tax reform law passed in December 2017 establishes requirements and conditions for the tax deductible treatment of payments made to the government to resolve enforcement actions. See 26 U.S.C. § 162(f) (2018); see also Pub…more
 /  Government Contracting, Health, Taxation

Costs Increase for Health Care Fraud and Abuse Violations

Recent congressional action will have serious ramifications on corporate and individual defendants who are or could be under investigation for violations of federal health care program fraud and abuse laws. Changes implemented…more
 /  Criminal Law, Elections & Politics, Health

OIG February 2018 Work Plan Update

The OIG added three items to its Work Plan with the February 2018 update, as listed in the chart below. Two of the items concern annual reports, one addressing the performance of Medicaid Fraud Control Units and the other…more
 /  Health

Taking Pills for Pay: FDA Releases Information Sheet on Paying Research Subjects

In clinical research, compensating research subjects as an incentive for their participation is a common practice. However, paying research subjects can also pose ethical issues and create the potential for abuse such as undue…more
 /  Health, Science, Computers, & Technology

The New Option in Town: Applying for the Low Volume Appeals Settlement

In November 2017, the Department of Health and Human Services (HHS) announced new settlement options for providers and suppliers stuck in the backlog of the Medicare appeals process. One of the new options available is the Low…more
 /  Administrative Law, Health, Insurance

OIG January 2018 Work Plan Update

The OIG added six new items to its Work Plan with the January 2018 update, as listed in the chart below. Consistent with prior Work Plan missives, the OIG continues to focus its efforts on reducing prescription opioid misuse…more
 /  Health

OIG Offers Additional Guidance on Gainsharing Arrangement in Advisory Opinion 17-09

A non-profit acute care hospital may share cost savings for certain spinal surgeries with neurosurgeons in a multi-specialty physician group following approval by the U.S. Department of Health & Human Services, Office of…more
 /  Health

Nursing Facility Discounts Approved in OIG Advisory Opinion 17-08

The OIG created an opening for nursing facility discounts to private payors when it approved a startup company's proposal to create a network of nursing facilities willing to offer discounts on the daily rates charged to private…more
 /  Administrative Law, Health, Insurance

Comments Solicited on New Telemedicine Accreditation Standards

On January 25, 2018, the ClearHealth Quality InstituteTM (CHQI) announced the release of draft standards within CHQI's Telemedicine Accreditation Program. The standards are intended to assess the quality and effectiveness of…more
 /  Health, Science, Computers, & Technology
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