News & Analysis as of

Office of the Inspector General Independent Contractors

Holland & Hart LLP

FMV for Provider Contracts: Regulatory Standards

Holland & Hart LLP on

As a general rule, healthcare employers are required to pay employed physicians and other contracted providers fair market value (FMV) for their services, but many employers do not understand relevant regulatory standards. ...more

Holland & Knight LLP

OIG Says Proposed Neurological Monitoring Arrangement Creates Kickback Risk

Holland & Knight LLP on

The U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an unfavorable Advisory Opinion on Aug. 15, 2023, involving an intraoperative neuromonitoring (IONM) services arrangement. The Advisory...more

Proskauer - Health Care Law Brief

Developments Regarding Commission-Based Compensation Arrangements with Independent Contractors

A recent Fourth Circuit decision, United States v. Mallory (988 F.3d 730), upheld damages and penalties for more than $100 million for violations of the Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)) (the “AKS”) and the...more

Constangy, Brooks, Smith & Prophete, LLP

Biden Time: "Divisive" Training Ok, OSHA "Not Protective," Independent Contractor Regs Paused

And that's not all! Nail in the coffin for Trump Order on "divisive" training. In January, President Biden signed an Executive Order that revoked Trump Executive Order 13950. As Cara Crotty has written, the Trump E.O....more

Foley & Lardner LLP

The Telehealth Top 10 for 2015

Foley & Lardner LLP on

Telehealth continues to be an innovative alternative to traditional brick-and-mortar medicine. The number of providers offering telehealth services is rapidly increasing and states are enacting laws requiring health plans to...more

Foley & Lardner LLP

Telemedicine Providers: Are My Doctors Employees or Independent Contractors?

Foley & Lardner LLP on

Many telehealth companies, particularly those with multi-state footprints, look to an independent contractor model when developing their network of physician providers. An independent contractor model (using 1099 contractors)...more

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