In the May 23, 2017 decision in the case of Computer Support Services (d/b/a Cyzap) v. Vaccination Services (d/b/a TotalWellness), the Nebraska Court of Appeals considered whether a liquidated damages provision in a contract was enforceable. In this case, an IT vendor called Cyzap had entered into an arrangement with […]
Health Law Alert
Proposed OPPS Rule Contains a Number of Policy Changes
on Thursday, 3 August 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
On July 13, 2017, CMS issued the 2018 Proposed Rules governing the outpatient prospective payment system and ambulatory surgery prospective payment system. The Proposed Rules include a number of proposed policy changes which are subject to comment until September 11, 2017. A final rule is expected to be published on […]
Hospitals Should Use Care in Drafting Adverse Decisions on Privileges
on Thursday, 3 August 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
Whenever a hospital medical staff makes a decision that adversely affects a member’s privileges, it needs to determine whether to report the decision to the National Practitioner Data Bank (“NPDB”). Those decisions can be surprisingly complex, as a recent Federal case highlights, and may depend on the wording of the […]
OIG Annual Work Plan Adds Monthly Updates
on Tuesday, 25 July 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
In an effort to reflect a more “dynamic” work planning process, the OIG recently announced that, effective June 15, 2017, it went beyond its mid-year update by adding monthly updates to the annual Work Plan which are posted on the OIG’s website. See https://oig.hhs.gov/reports-and-publications/workplan/index.asp The OIG’s Work Plan is comprehensive […]
“What were you thinking?” Internal Communications as Evidence of Willful Disregard under the False Claims Act
on Tuesday, 18 July 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
A recent Eleventh Circuit Court of Appeals decision opens the door to a broader view of False Claims Act (“FCA”) liability. The Court’s decision in U.S. ex rel. Phalp v Lincare Holdings, Inc., issued in May 2017, looked more deeply into a Medicare supplier’s subjective state of mind than is […]
