News & Analysis as of

Health Care Providers

Seeking Dismissal Of False Claims Qui Tam Actions – Seven Factors Clarify The Standard Of Dismissal Used By The Department Of...

The U.S. Department of Justice Civil Division (Department) issued a Memo dated January 10, 2018 (Granston Memo), directing Department of Justice attorneys to more seriously consider dismissing False Claims Act (FCA) cases...more

New DOJ Guidance Policy Limits Use of Guidance Documents in Federal Civil Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum on behalf of the U.S. Department of Justice (DOJ) (the “Brand Memo”) which effectively limits the use and enforcement power of guidance...more

Texas And CMS Allow More Expansive Uses Of Telemedicine

by Seyfarth Shaw LLP on

This is the second in a series of alerts from Seyfarth’s Health Law practice highlighting significant changes in health care regulations and policy as providers and other industry participants enter 2018....more

Opioid Fraud and Abuse as a Compliance Risk Area

by Ruder Ware on

The opioid epidemic is different than other drug related social problems because, in many cases, addiction to opioids starts in the medical office or in the pharmacy; in most cases through the treatment of legitimate physical...more

Opioid Litigation Landslide – Are Physicians And Hospitals The Next Targets?

by Dickinson Wright on

Our nation is beset by an opioid epidemic that is colossal in scope and devastating in effect. The human and economic toll of this plague is stunning. Every day, more than 100 Americans die from an opioid overdose....more

Gold Dome Report - February 2018 #10

After breaking for Washington’s Birthday, the General Assembly began its all-out sprint to Crossover Day today with both chambers finishing their work before lunch only to reconvene in a flurry of committee meetings. ...more

Georgia General Assembly Considering New Background Check Legislation

by Arnall Golden Gregory LLP on

The Georgia General Assembly is considering new legislation that would implement a comprehensive program of national fingerprint background checks for Georgia long-term care facilities. If passed, Senate Bill 406, the...more

A Second Judge Gives United Health A Partial FCA Victory Based On Materiality

by Arnall Golden Gregory LLP on

On February 12, 2018, a second judge in the Central District of California, Judge Michael W. Fitzgerald, dismissed, with leave to amend by February 26, 2018, counts in a False Claims Act (FCA) case alleging that UnitedHealth...more

Individual Executives Found Liable Under False Claims Act

by Weiner Brodsky Kider PC on

Following a two-week trial, a federal jury in Charleston, SC, recently found three health care company executives individually liable under the False Claims Act and Anti-Kickback Statute in connection with the submission of...more

Telemedicine Credentialing by Proxy: What Hospitals and Telehealth Companies Need to Know

by Foley & Lardner LLP on

Hospital-based telemedicine services continue to rapidly expand across the country, allowing providers to deliver care to rural areas and better allocate the staffing and availability of specialist physicians such as...more

Federal Enforcement Actions Continue to Focus on Opioid-Related Misconduct

As we predicted in our year-end post on civil and criminal enforcement trends, 2018 is already off to strong start in opioid-related enforcement against individual providers and associated practices. Earlier this month, the...more

Relaxation of SAMHSA laws intended to align with advances in health care delivery

by Thompson Coburn LLP on

The final rule governing changes to the Substance Abuse and Mental Health Services Administration (SAMHSA) regulations became effective February 2, 2018. What is SAMHSA? The federal SAMHSA regulations (42 CFR Part 2)...more

Breaking Down the Low Volume Appeals Settlement Option for Health Care Providers

by Polsinelli on

The Medicare Learning Network (MLN) recently held a second call, where it answered questions live about the Low Volume Appeals (LVA) Settlement Option and revealed more information that providers considering the option need...more

Colorado Mini-Stark Bill Indefinitely Postponed; FSED Bill Amended

by Husch Blackwell LLP on

On February 14, 2018, the Colorado Senate State, Veterans, & Military Affairs Committee unanimously voted to indefinitely postpone consideration of SB18-115, which proposed to extend the prohibition on self-referrals that...more

Alston & Bird Healthcare Week In Review

by Alston & Bird on

I. Regulations, Notices, & Guidance - On February 12, 2018, the Food and Drug Administration (FDA) issued a guidance entitled, Bacillus Calmette-Guérin-Unresponsive Nonmuscle Invasive Bladder Cancer: Developing Drugs and...more

President's Budget on Health Care: Entitlement Reform, Opioid Funding, and Cuts to Health Programs

by Baker Donelson on

Note: All fiscal estimates cited over a ten-year budget window refer to the Fiscal Year 2019-2028 budget window. The President's fiscal year 2019 (FY19) budget proposal for the Department of Health and Human Services (HHS)...more

Trump Administration Fiscal Year (FY) 2019 Budget and Healthcare Programs

by Holland & Knight LLP on

The Trump Administration on Feb. 12 released its Fiscal Year (FY) 2019 budget request, titled "An American Budget." Unlike last year's budget, which was released in late May, the release of this budget conforms to the typical...more

DOJ Reaches Settlement with Michigan Hospital on Allegedly Unlawful Marketing Agreement

by Mintz Levin on

On Friday February 9, 2018, the U.S. Department of Justice (“DOJ”) Antitrust Division announced a settlement with Henry Ford Allegiance Health (“Allegiance”) of claims that Allegiance and certain other hospitals unlawfully...more

Dumpster Diving Leads to $100,000 Fine for Defunct Business Associate Due to Improper Disposal of Medical Records

On February 13, 2018, the HHS Office for Civil Rights (OCR) announced a $100,000 settlement with a court-appointed receiver representing Filefax, Inc. (Filefax) arising from the 2015 discovery of medical records that...more

Protect Your Livelihood: Best Practices for Medical Licensing Board Complaints

by Pessin Katz Law, P.A. on

It is something that every health care provider fears: a patient files a complaint against you with the medical licensing board. Despite the anxiety that may come with receiving a letter of complaint, ignoring the matter will...more

Recent OCR Newsletter Highlights Growing Cyber Extortion Threat for Healthcare Organizations

by BakerHostetler on

The OCR’s January 2018 newsletter details specific types of cyber extortion that healthcare organizations are currently encountering, including ransomware, denial of service attacks, distributed denial of service attacks and...more

Gold Dome Report - February 2018 #9

Wrapping up their legislative week, the Senate adopted two provisions today closely watched by state agencies and local school districts. First, the Senate adopted its version of HB 683, the Amended FY 2018 Budget, by a vote...more

340B Update: Trump Administration’s 2019 Budget and White House Council of Economic Advisors Signal Further Changes to 340B...

by K&L Gates LLP on

On February 12, 2018, the Trump Administration released its fiscal year (“FY”) 2019 budget request to Congress outlining several proposals related to the 340B Drug Pricing Program (the “340B Program”) including a modification...more

Major Advances for Telehealth in the Bipartisan Budget Act of 2018

by Baker Donelson on

On February 9, 2018, Congress passed and the President signed into law the Bipartisan Budget Act of 2018 (BBA). This wide-reaching legislation enacts major changes for telehealth policy in Medicare by incorporating policies...more

GME Recommendations in the President's FY 2019 Budget Proposal - President Trump's FY 2019 budget proposal calls for structural...

by Dentons on

On February 12, 2018, the Trump administration released its Fiscal Year (FY) 2019 budget request. Published on an annual basis, presidential budget requests do not set the federal budget, but rather are "messaging" documents...more

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