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Suggested Questions for the Compliance Officer

Posted on April 19, 2017 by

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, assess the compliance officer, and further their understanding of the compliance program and […]

Exercising Board Oversight of the Compliance Function

Posted on April 19, 2017 by

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 compliance.  The roll of many Boards is limited to receiving occasional updates from the compliance officer.  Compliance is then […]

Are Too Many Eggs in One Basket?

Posted on April 19, 2017 by

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 disappeared. The net result is a million pounds of milk per day in Wisconsin […]

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

Posted on April 12, 2017 by

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-disclose, conducting internal investigations, and guiding the self-disclosure process when appropriate has become a large […]

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

Posted on April 11, 2017 by

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. § 1320a-7b(a)-(b)).  The case also demonstrates how the initial investment terms that favor referral sources can foreclose reliance on safe harbor […]

Can Overpayments Create Criminal Liability?

Posted on April 11, 2017 by

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 overpayments.  Section 1128B(a)(3) of the Social Security Act (42 U.S.C. § 1320a-7b(a)(3)) makes […]

Legal and Compliance Issues Impacting Medical Practices Using Laser Technology

Posted on April 7, 2017 by

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 contains articles on some of the legal issues impacting these practices. • Compliance Program Operation. All medical […]

Disputing Inaccurate Reports Under the Physician Payment Sunshine Act

Posted on April 6, 2017 by

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 purchasing organizations to report annually to the Centers for Medicare & Medicaid Services (CMS) certain payments or items of […]

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

Posted on April 6, 2017

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 experienced in the preparation of wills and trusts; estate planning; and probate procedure and […]

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

Posted on April 6, 2017 by

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 and judicial review. On February 28, 2017, the “RMP Coalition” filed its […]