CMS has long taken the position that payments to hospitals under the Medicaid Disproportionate-Share Hospital program (“DSH”) should be reduced to take into account any reimbursement from the Medicare program or third-party insurers for treatment of Medicaid beneficiaries. In February, the U.S. District Court for the Western District of Missouri […]
Health Law Alert
A Kinder, Gentler U.S. Department of Justice Approach to False Claims Act Cases?
on Monday, 5 March 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
In two recent memoranda issued by the United States Department of Justice (“DOJ”), the agency signaled an approach favorable to hospitals and other providers. The DOJ stated in one memorandum that reliance on agency guidance documents in affirmative civil enforcement cases, such as the False Claims Act (‘FCA”), needed to […]
Bipartisan Budget Act Helps Avoid Inadvertent Stark Violations (but Strengthens Penalties)
on Monday, 5 March 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
The Bipartisan Budget Act was signed into law by President Trump on February 9, 2018. While there are several health care features in the Act, this article focuses on two important changes: Stark In 2015, CMS included commentary in its Stark update that has helped avoid inadvertent violations of Stark. […]
You’ve Done Harassment Training for Your Employees, Should Social Media Training Be Next?
on Friday, 2 February 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
Hopefully by now, most employers either have conducted, or have scheduled, workplace harassment training to discuss (and prevent) harassment issues in the workplace. The impetus to refresh this training was outlined in our December newsletter article, which you can access here. The scary thing about harassment issues is that they […]
The 340B PAUSE Act
on Friday, 2 February 2018 in
Health Law Alert: Kristin N. Lindgren, Editor
On December 21, 2017, the “340B Protecting Access for the Underserved and Safety-net Entities Act” or the “340B PAUSE Act” (the “Bill”) was introduced in Congress. The Bill includes a moratorium on registration of certain new 340B hospitals and “child sites,” new 340B hospital reporting requirements, and new government reporting […]
