Posted on June 13, 2019 by Ruder Ware Alumni
Blog
Congress has activated a new Anti-Kickback law known as Eliminating Kickbacks in Recovery Act of 2018 (commonly referred to as EKRA). The new Anti-Kickback law applies to arrangements involving recovery homes, clinical treatment facilities, and laboratories. Congressional intent for enacting EKRA was noble. It wanted to clarify that brokering of opioid use disorder patients for […]
Posted on June 21, 2017 by Ruder Ware Alumni
Blog
A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute. In Bingham v. BayCare Health System (No. 8:14-cv-73, M.D. Fla.), a federal district judge adopted the report and recommendation of a […]
Posted on April 11, 2017 by Ruder Ware Alumni
Blog
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 […]
Posted on April 6, 2017 by Emilu E.C. Larson
Blog
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 concerns that offering free goods and/or services to patients might be considered payment of illegal “remuneration” in […]