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Please Click HerePosted on September 5, 2018 by John H. Fisher II
A recent Advisory Opinion (Advisory Opinion 18-03) from the Office of Inspector General (OIG) of the Department of Health and Human Services addresses potential kickback issues involved in the donation of telehealth equipment. The OIG has issued opinions addressing technology donation in the past, but not directly involving telemedicine and not involving services that were […]
Posted on August 30, 2018 by John H. Fisher II
A recent Office of Inspector General (OIG) advisory opinion approved a proposal under which a hospital has established a caregiver center that provides or arranges for free or reduced-cost support services to caregivers in the local community (Arrangement). The OIG, basing its opinion on the facts provided, concluded that it would not impose sanctions even […]
Posted on July 11, 2018 by John H. Fisher II
The Wisconsin Supreme Court has issued a ruling in the case of Mayo v. Wisconsin Injured Patients and Families Compensation Fund. The Supreme Court’s decision, which was handed down on June 27, 2018, overturned a lower court decision that found the non-economic damage cap to be unconstitutional. The 5-2 decision of the Wisconsin Supreme Court […]
Posted on June 21, 2018 by John H. Fisher II
This may not be obvious to people who do not keep track of the Federal Trade Commission (FTC)/Department of Justice antitrust enforcement policy, but an enforcement action has never been published involving an Accountable Care Organization (ACO) that participates in Managed Security Service Provider (MSSP) or another federal health care program. The reason for the […]
Posted on June 5, 2018 by Ruder Ware Alumni
As health care attorneys we are often called upon to consider the antitrust implications in a variety of contracts and transactions. For example, the establishment of clinically integrated health care networks requires consideration of potential price fixing and exclusionary issues. The antitrust laws require elements of financial and clinical integration in order to mitigate potential […]
Posted on May 29, 2018 by John H. Fisher II
The state of Michigan has enacted a number of separate pieces of legislation to address the opioid epidemic. Most of these laws are directed at controlling the prescribing relationship between a physician and a patient. Generally, Michigan requires a controlled substance license to prescribe controlled substances in the state. A holder of a controlled substance […]
Posted on May 24, 2018 by John H. Fisher II
The Department of Justice (DOJ) recently announced the guilty plea of two individual alcohol and substance abuse treatment center owners for their participation in what the DOJ labeled a “multi-million dollar health care fraud and money laundering scheme.” The two individuals owned a licensed substance abuse service provider (or treatment center) offering clinical treatment services […]
Posted on May 17, 2018 by John H. Fisher II
One of the reasons compliance officers and health care attorneys read fraud settlements is to identify issues the government is focused on. The cases the government decides to pursue are very indicative of the areas of fraud enforcement they feel are important. These are not the only issues that should be considered, but government enforcement […]
Posted on April 30, 2018 by John H. Fisher II
At a recent Health Care Compliance Association (HCCA) compliance institute, the Office of Inspector General announced it had launched a new resource portal focused on compliance issues. A trip to the OIG’s web site, and sure enough, there is a brand spankin’ new compliance portal. You can check out the portal at OIG Portal. On […]
Posted on April 4, 2018 by John H. Fisher II
We are often asked to advise clients regarding the scope and content of Health Insurance Portability and Accountability (HIPAA) policies and procedures that are required to be maintained. HIPAA clearly requires health care providers, as “covered entities,” to maintain policies and procedures covering HIPAA issues that apply to their operations. There is a core of […]