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20 Results for Articles published in April 2017 In The Blue Ink Blog.

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When to Use the OIG’s Self Disclosure Protocols

Posted on April 3, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

The HHS Office of Inspector General offers providers an opportunity to self-disclose certain violations in exchange for avoiding some of the more draconian penalties that may otherwise apply under applicable regulations.  Even though the OIG’s Provider S…

Do You Have The Power?

Posted on April 3, 2017, Authored by Aric D. Burch
Aric D. Burch
Attorney
Wausau Office
,

When you hear the words “estate planning,” what do you think? The most common answers I hear mention “wills” or “trusts.” Although estate planning includes those documents, which carry out your plan after death, it also includes documents to help carry o…

U.S. Supreme Court Denies the Trump Administration’s Request to Suspend the Pending Litigation in the Sixth Circuit Court of Appeals over the Clean Water Rule

Posted on April 4, 2017, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
,

On April 3, 2017, the United States Supreme Court denied a request from the Trump Administration to place a hold on the pending litigation in which the EPA’s and the U.S. Army Corps of Engineer’s Clean Water Rule is being challenged.  The basis for the T…

CMS Extends Compliance Date for New Home Health Conditions of Participation

Posted on April 4, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

In February, we reported on revisions to the Conditions of Participation for Home Health Agencies (HHA) released by the Centers for Medicare & Medicaid Services (CMS).  CMS has now proposed the effective date of new Conditions of Participation (CoP) be d…

Best Practices in Compliance Program Operation

Posted on April 4, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

Given the increased importance of compliance, it is helpful for providers to get a feel for what constitutes “best practice” when operating a compliance program.  “Best Practices” is a term thrown around all of the time in the business world.  It is used…

Three Recent Fraud Cases Involving Dermatologists Illustrate Primary Compliance Risks in Dermatology Practices

Posted on April 5, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

Three relatively recent cases involving dermatology billing practices illustrate some of the main compliance risks faced by dermatology practices.  These risk areas include: Improper use of multiple removal CPT codes; Billing for “impossibly long da…

Exercising Reasonable Care to Identify and Address Potential Overpayments

Posted on April 5, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

When the Center for Medicare and Medicaid Services (CMS) finally issued final regulations under the 60-day repayment rule, it implemented a new standard requiring a provider to affirmatively exercise reasonable diligence to identify potential overpayment…

Sally Yates was Already Famous for Changing the Focus of Compliance Investigations - The Yates Memorandum

Posted on April 5, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

By now the whole world knows about Sally Yates.  We are likely to see a lot more of her as a central figure in Congressional investigations.  For some of us who deal with compliance investigations, Sally Yates was famous long before her refusal to defend…

EPA’s Risk Management Plan (RMP) Final Rule Delayed

Posted on April 6, 2017, Authored by Russell W. Wilson
Russell W. Wilson
Of Counsel
Wausau Office
,

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017.  EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry petitions for reconsideration …

New Safe Harbor Permits Some Free Transportation to Patients

Posted on April 6, 2017, Authored by Emilu E. C. Starck
Emilu E. C. Starck
Attorney
Eau Claire Office
, Filed under Health Care

A new safe harbor was recently issued by the Health and Human Services (HHS) Office of Inspector General (OIG) that permits eligible health care providers to offer free or discounted transportation to established patients.  The safe harbor addresses conc…

Attorney Melissa Kampmann Joins The American College of Trust and Estate Counsel As Fellow

Posted on April 6, 2017, Authored by ,

Ruder Ware is pleased to announce that Melissa Kampmann has become a Fellow with The American College of Trust and Estate Counsel.  The American College of Trust and Estate Counsel is a nonprofit association of lawyers and law professors skilled and e…

Disputing Inaccurate Reports Under the Physician Payment Sunshine Act

Posted on April 6, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

The Affordable Care Act added the Physician Payment Sunshine Act (Sunshine Act) as section 1128G to the Social Security Act. The Sunshine Act requires applicable manufacturers of drugs, devices, biologicals, or medical supplies and certain group purchasi…

Legal and Compliance Issues Impacting Medical Practices Using Laser Technology

Posted on April 7, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

Medical practices that routinely use laser technology are subject to some of the same legal issues as other types of practices. Use of lasers creates additional compliance issues and highlights certain compliance risk areas. Our special coverage issue co…

Can Overpayments Create Criminal Liability?

Posted on April 11, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

We hear a lot about potential liability under the False Claims Act (FCA) for the failure to repay overpayments within 60 days of discovery. Focus on the 60-day rule has taken focus away from the potential for criminal charges for retaining known overpaym…

Ambulatory Surgery Center (ASC) Case Demonstrates Differential Value Theory of Remuneration

Posted on April 11, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

A relatively recent case involving buy-in terms in an ambulatory surgery center demonstrates how different valuations for referral sources and non-referral sources can be evidence of remuneration under the Medicare Anti-Kickback Statute (42 U.S.C. § 1320…

Self-Disclosure Has Become a Normal Part of the Compliance Process

Posted on April 12, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

As the Office of the Inspector General and Centers for Medicare & Medicaid Services make self-disclosure easier for providers, we have noticed an increase in the rate of cases that are being filed.  Assisting providers in making decisions whether to self…

Are Too Many Eggs in One Basket?

Posted on April 19, 2017, Authored by John D. Leary
John D. Leary
Attorney
Eau Claire Office
, Filed under Banking and Financial Matters

In the last two weeks, 75 Wisconsin dairy farmers were notified by their dairy that it could not accept their milk.  The dairy and its farmer suppliers are caught in a U.S.-Canada trade dispute over “ultra-filtered” milk.  Almost overnight, a market disa…

Exercising Board Oversight of the Compliance Function

Posted on April 19, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

How the Board can Enhance Compliance Effectiveness The Board of Directors (Board) of an organization has oversight responsibilities over the compliance program.  Board members are often unsure of the nature and scope of their responsibilities over comp…

Suggested Questions for the Compliance Officer

Posted on April 19, 2017, Authored by John H. Fisher, II
John H. Fisher, II
Attorney
Wausau Office
, Filed under Health Care

In a previous blog post, I promised to release a list of questions a Board of Directors (Board) might ask its compliance officer.  This post is intended to fulfill that promise.  My intent is to help Board members exercise their oversight responsibility,…

Banks and Credit Unions Agree to a (Temporary) Cease Fire

Posted on April 27, 2017, Authored by Ruder Ware Attorneys, Filed under Banking and Financial Matters

It’s not every day that community bankers and credit unions agree. Whether it is over tax-exempt status or capital requirements, we have become accustomed to the battle between community banks and credit unions.  For example, an entire section of the Ind…