Hospital-Physician Contracts Lead to Stark Violation
The recent decision in United States ex. rel. Drakeford v. Tuomey Healthcare Sys. Inc., No. 10-1819 (4th Cir. Mar. 30, 2012) provides a sobering reminder that hospital-physician contracts should be...
View ArticleMedicare Issues in Bankruptcies
In its August 2012 issue, the American Bankruptcy Institute Journal published Medicare Issues in Bankruptcies by Ted Berkowitz and Veronique Urban of Farrell Fritz. The takeaways: -Health care...
View ArticleAre Mandatory Price Controls the Answer to America’s Health Care Woes?
In this election season, both presidential candidates offer plans to deal with the rising cost of providing health care services, the President’s “Obamacare” by increasing the number of insured...
View ArticleIs Medicare Fee for Service Dead?
A post on the KevinMD blog written by Bob Doherty, Senior VP of the American College of Physicians, says that regardless of who wins the 2012 Presidential election, the fee-for-service payment...
View ArticleBill Could Narrow Stark Law Exception for In-Office Ancillary Services
A bill proposed in the US House of Representatives may cause physicians to significantly restructure their practices as they relate to in-office ancillary services (IOAS). Promoting Integrity in...
View ArticleAnother False Claims Settlement Requires Admission of Wrongdoing
In U.S. ex rel. Wolfson v. Park Avenue Medical Associates, the U.S. Attorney’s Office in the Southern District of New York entered into a $1 million False Claims Act settlement against three related...
View ArticleHHS-OIG 2014 Work Plan Focuses On Health Insurance Transitions
At the end of January, the Office of Inspector General for the Department of Health and Human Services (“HHS-OIG”) released its 2014 Work Plan. The Work Plan summarizes new and ongoing reviews and...
View ArticleFalse Claims Act Complaint Dismissed Where Defendant Followed State Regulations
A recent SDNY False Claims Act decision provides strong support for the argument that a false claim may not be based on conduct that follows federal or state rules and guidelines. In United States ex...
View ArticleFailure To Promptly Return Overpayments Arising From Computer Glitch Leads To...
At the end of June, the U.S. Attorney’s Office in Manhattan filed a False Claims Act complaint against Beth Israel Medical Center, St. Luke’s-Roosevelt Hospital Center, and Continuum Health Partners,...
View ArticleDismissal Motions Filed In SDNY Computer Glitch Reverse False Claim Act Case
When does the 60-day clock start for an identified overpayment of federal funds to become a reverse false claim under amendments to the False Claims Act? A closely watched SDNY qui tam case may...
View Article‘Incident To’ Billing: Billing Physician as the Supervising Physician and...
CMS has published a Proposed Rule to clarify how physicians are to bill for services furnished “incident to” the professional services of a physician. When a medical practice bills Medicare “incident...
View ArticleSeeking Interoperability: Centers for Medicare & Medicaid Services
As we have discussed in an earlier blog post, the federal administrative agencies have been placing greater emphasis on being more transparent and promoting “interoperability”. As such, on April 24,...
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