Health Law

Physician Owned Hospitals Must File Annual Report by December 1, 2013 to Comply with Stark II

The Centers for Medicare & Medicaid Services (“CMS”) defines hospitals with physician owners or investors as Physician Owned Hospitals. Physician Owned Hospitals utilizing the Stark II whole hospital and rural provider exceptions must now file …..

2024-07-10T17:40:33-05:00November 26th, 2013|Categories: Fraud & Abuse Compliance, Health Law, Stark II|Tags: |

The Affordable Care Act and Closing the Prescription Benefit Coverage Gap

(“Doughnut Hole”) Medicare Part D Coverage Gap Under the Medicare Part D Prescription Drug Benefit, many Medicare beneficiaries have annually encountered a large gap in their prescription drug coverage that is commonly referred to as …..

2024-07-10T17:44:46-05:00October 8th, 2013|Categories: Health Law, Medicare & Medicaid Enrollment, Provider Operations|Tags: |

Hospital-Physician Employment Agreements: Sorting through the Aftermath of the Tuomey Decision

It is critically important for hospitals to be especially vigilant about complying with Federal and state fraud and abuse statutes in relation to the Hospital’s financial arrangements with physicians. A jury in a Federal trial …..

2024-07-10T18:53:21-05:00August 30th, 2013|Categories: Health Law, LLC Operating Agreements, Provider Operations|Tags: |

District Court Case Highlights Provider’s Duty to Investigate Billing Errors under the False Claims Act-Audit Case

A federal district court in Wisconsin recently ruled that a private whistleblower could proceed with her allegations that a physician practice violated the Federal False Claims Act by acting with “reckless disregard” to the existence …..

2024-07-10T17:54:09-05:00June 28th, 2013|Categories: Acquisition Due Diligence, Health Law, Provider Transactions|Tags: |

CMS granted Sweeping Authority to Impose Administrative Moratoria on Providers and Suppliers Without Prior Notice and With No Right to Appeal

One obscure but sweeping provision of the Patient Protection and Affordable Care Act (“PPACA”) grants the Centers for Medicare & Medicaid Services (“CMS”) unchecked authority to impose administrative moratoria on new providers and suppliers without …..

2024-07-10T17:56:32-05:00February 26th, 2013|Categories: Health Law|Tags: |
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