On October 24, 2014, the IRS released Notice 2014-67 which provides guidance for tax-exempt entities participating in ACOs as related to outstanding tax-exempt bonds. Particularly, the Notice provides (i) guidance relative to such an entity’s participation in an ACO; and (ii) a new private use safe harbor for management and […]
Health Law Alert
HRSA Withdraws 340B Program “Mega-Rule” in Favor of Informal Guidance
After a federal court ruled that the Health Resources and Services Administration (HRSA) did not have statutory authority to promulgate regulations on the 340B Drug-Pricing Program’s orphan drug exclusion, the agency has announced it will instead clarify key 340B policy issues through informal guidance. Prior to that ruling, HRSA planned […]
Highlights of the OIG 2015 Work Plan
On October 31, 2014, the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released its Work Plan for fiscal year 2015. The Work Plan identifies key areas of review and activities that the OIG plans to pursue in the upcoming year, in an effort to […]
Electronic Health Records: The Cut and Paste Debate
Two years ago, in September, 2012, the U.S. Attorney General and the Secretary of Health and Human Services issued a joint letter seeking cooperation from the America Hospital Association and other health care associations, to ensure that electronic health records (EHR) were not used to inflate claims to the Medicare […]
Fix Up the Hospital Van: OIG Proposes Transportation Safe Harbor; Clarification on ACA CMP Exception
On October 3, 2014, the Office of Inspector General of the Department of Health and Human Services (“OIG”) released a proposed rule expanding safe harbors under the anti-kickback statute and clarifying the exceptions to “remuneration” under the Civil Monetary Penalties (“CMP”)/beneficiary inducement laws. The proposed rules respond to longstanding concerns […]