The August 3, 2015 ruling in Kane ex rel. United States et al. v. Healthfirst et al. is the first judicial interpretation of the 60-day rule under the federal False Claims Act. Many seminar hours have been spent among health lawyers as they sought to understand what it would take […]
Health Law Alert
Office for Civil Rights Announces Consolidation
On June 16, 2015, the Department of Health and Human Services announced a reorganization of its regional offices which will have a significant effect on our clients. The former Region VII Office, located in Kansas City, Missouri (which previously covered Nebraska, Iowa, Kansas, and Missouri), has now been consolidated into […]
Citizens Medical Center Settlement Raises Renewed FMV Concerns
The recent settlement in the Citizens Medical Center case highlights fair market value (“FMV”) concerns in Stark cases, and particularly a trend to consider operating losses in hospital-owned practices. The case involved various physician relationships of Citizens Medical Center, a 344-bed acute care county hospital in Victoria, Texas. Like most […]
Proposed New Stark Exceptions May Particularly Benefit Rural Providers
On July 15, 2015, The Centers for Medicare and Medicaid Services (“CMS”) signaled its intent to implement two new exceptions to the Ethics in Patient Referral Act (“Stark”) and ease a number of other compliance burdens. These are proposed rules and rule changes; final versions will likely be published in […]
Supreme Court Finds Wartime Suspension of Limitations Act Does Not Toll the False Claims Act Statute of Limitations
On May 26, 2015, the United States Supreme Court decided Kellogg, Brown & Root Services, Inc. et al. v. U.S. ex rel. Carter. Even though this case did not involve a health care provider or the provision of health care services, the decision is one of significant impact for the […]

