A variety of situations raise the question of whether or not a hospital or other licensed health care facility has an obligation to report an individual licensee’s improper behavior, act or omission to the licensee’s state board. Often, it is assumed that what may be a reportable event by an […]
Publications
Under the Travel Act, Private-Pay Kickbacks Can Be Federal Crimes
Preventing financial misconduct in the health care industry has long been a major focus of federal law enforcement. The Trump administration recently affirmed its commitment to maintaining that priority. A September federal court decision indicates that the Department of Justice may even be expanding its prosecutions to reach health care […]
Changes to Transactional Exemptions from Registration Under the Securities Act of Nebraska
LB 148 amended various sections of the Securities Act of Nebraska (the “Act”). Some of the most substantive changes were to §8-1111. Generally, offers and sales of securities in the State of Nebraska must be registered unless an exemption is available, and §8-1111 provides transactional exemptions from registration under the […]
Leased Outreach Clinic Arrangements Disfavored by CMS
After the well-publicized CMS enforcement action against St. Peter’s Hospital in Helena, Montana, in October, 2015, there was substantial confusion within the hospital industry about the effect of leasing licensed hospital space to private physicians for the purpose of periodic outreach clinics. In the case of St. Peter’s, the hospital […]
CMS Announces Delay in Effective Date for New Home Health Agency Conditions of Participation; Congress Questions Impact of Proposed Home Health Agency Reimbursement Changes
Home health agencies (“HHAs”) are struggling to deal with changes from the Centers for Medicare and Medicaid Services (“CMS”) on two fronts. On July 10, 2017, CMS released a final rule delaying the effective date of the changes to the Conditions of Participation (“COPs”) for HHAs that was published on […]

