Health Law Alert

On December 15, 2025, the OIG issued Advisory Opinion No. 25-11 dealing extensively with discounts from vendors.  Vendor discounts raise anti-kickback concerns because, on their face, there is remuneration to a customer (in the form of a reduced price or rebate) in exchange for the customer’s purchase of goods or […]

On February 3, 2026, the federal government signed the Consolidated Appropriations Act of 2026 (the “Act”) into law.  Section 6225 of the Act amends the Social Security Act to bring back the mandatory provider-based attestation (“Attestation”) requirements for off-campus outpatient departments (“Departments”) by the end of 2027.  These Attestation requirements […]

In December 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced a new payment model called ACCESS, which stands for Advancing Chronic Care with Effective, Scalable Solutions. ACCESS uses outcome-aligned payments, which are a recurring payment for managing a patient’s qualifying condition, with payments tied to achieving measurable health […]

The False Claims Act (“FCA”) is a tool used against those who knowingly and falsely claim money from the United States government or who knowingly fail to reimburse the government. The FCA imposes treble damages and penalties and continues to be the weapon of choice when fighting health care fraud. […]

Imagine this hypothetical scenario—a hospital has individual employment agreements with physicians.  The Board has kept a hands-off approach, focusing mainly on the impact to the bottom line, and leaves it to the CEO, to negotiate these contracts.  The CEO has negotiated each contract as one-off contracts, doing what is needed […]