Health Law Alert

A new safe harbor under the Anti-Kickback Statute (“AKS”) permits providers to offer free or discounted transportation services to patients.  The safe harbor permits both direct transportation offered to individuals, and shuttle services that follow a regular route, subject to a number of conditions. The conditions for the safe harbor […]

Prior to the enactment of the Patient Protection and Affordable Care Act (the “Act”), CMS had no express authority to negotiate settlements of, and reduce the liabilities associated with, Stark violations.  Providers had two alternatives: (i) the provider could repay the entire amount paid by Medicare as a result of […]

A recent Illinois case  highlights a dilemma that medical staffs often face when taking corrective action against peers, namely, whether and how to consider the physician’s prior history as context for new concerns.  The case also reinforces the principle that the role of courts is typically limited to determining whether […]

Following the publication of “Practical Guidance for Health Care Governing Boards” (April 2015), and The DOJ’s report entitled “Evaluation of Corporate Compliance Programs” (February 2017), the HHS-OIG has issued a new publication: “Measuring Compliance Program Effectiveness: A Resource Guide.” The Guide was published March 27, 2017, and is now posted […]

The Centers for Medicare and Medicaid Services (CMS) were too slow in carrying out a corrective action plan agreed to as a part of the 2013 settlement in Jimmo v. Sebelius (now captioned Jimmo v. Price).  The defendant Department of Health and Human Services had agreed to conduct a nationwide […]