Publications

The 340B Program was established by Congress in 1992 and is administered by the Health Resources and Services Administration (HRSA). The Program allows participating hospitals and other health care providers to purchase certain “covered outpatient drugs” from drug manufacturers at discounted prices. Congress’s stated rationale for the 340B Program was […]

For several years, there has been a moratorium on the enforcement of the direct supervision requirement for CAHs and small rural hospitals, with the latest moratorium on enforcement expiring on December 31, 2016. In the 2018 hospital outpatient final rule that was published in the Federal Register on November 13, […]

On November 16, 2017, the Office of Inspector General (OIG) posted Advisory Opinion 17-06 discussing whether a Medicare Supplemental Health Insurance (Medigap) provider could (1) indirectly contract with a preferred hospital network to discount or eliminate Medicare Part A deductibles for its policyholders, and (2) provide policyholders with a $100 […]

THE GOVERNANCE MULE1 A frank and practical look at the keys to successful governance for non-SEC registered entities Materials are plentiful concerning the mechanical keys to successful corporate (and related entity) governance. Typically, the materials provide a laundry list of items which, if adopted, and then monitored, provide a valuable […]

Earlier this year, the United States Court of Appeals for the Eighth Circuit upheld the constitutionality of the Nebraska Hospital Medical Liability Act (“Act”). Specifically, the Eighth Circuit affirmed the lower court’s reduction of the plaintiff’s damages, awarded by the jury, from $17 million dollars to the Act’s statutory limit–$1.75 […]