At long last, the Office of Management and Budget (OMB) approved final rules extending the sunset on the Stark exception and an Anti-Kickback safe harbor. As addressed previously in this Health Law Advisory article, both the exception and the safe harbor were scheduled to sunset on December 31, 2013. This […]
Health Law Alert
Sunset of the Stark and Anti-Kickback EHR Donation Exceptions
In 2006, CMS and the OIG promulgated a Stark exception and an Anti-Kickback safe harbor to encourage the development and adoption of interoperable electronic health record systems in communities. The exception and safe harbor allowed hospitals to donate up to 85 percent of the cost of EHR software and training […]
Departments Release Final Rules for Mental Health Parity
On November 8, 2013, the Departments of Treasury, Labor, and Health and Human Services announced the publication of the final rules under the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The final rules include requirements to ensure parity between mental health or substance use disorder benefits and […]
CMS Revises Views on Denying Medicare Enrollment Based on Outstanding Overpayments
After rescinding proposed instructions on Medicare provider enrollment denials for applicants with outstanding overpayment liability earlier this year, the Centers for Medicare & Medicaid Services (CMS) has clarified its guidance. CMS’s revisions to chapter 15 of the Medicare Program Integrity Manual outline the process by which a provider enrollment application […]
Stark and FCA Damages Mount for Tuomey Healthcare System, Inc.
A second jury verdict in the whistleblower case filed under the False Claims Act eight years ago against Tuomey, the Sumter, S.C.-based health system, led to a federal district court order on September 30, 2013 that Tuomey pay more than $277M in fines and penalties based on Stark law violations […]