Posted on May 9, 2022 by Ruder Ware Alumni
Blog
Although it is unclear if the arrangement would be endorsed after the end of the COVID-19 pandemic, the Office of Inspector General (OIG) has issued a favorable opinion to a Federally Qualified Health Clinic (FQHC) planning to loan free smartphones to patients to facilitate telehealth services with providers at the FQHC. The Advisory Opinion was […]
Posted on December 20, 2021 by Ruder Ware Alumni
Blog
In my experience, most physician groups rely on the “in-office ancillary service” exception to the Stark Law when determining how to allocate revenues from designated health services among group members. The Stark Law is, of course, the primary applicable area of law that is relevant to the structure of productivity compensation issues within medical groups. […]
Posted on April 22, 2020 by Ruder Ware Alumni
Blog
The Health and Human Services (HHS) Office of Inspector General (OIG) issued a Policy Statement on March 17, 2020 regarding the waiver of amounts owed by beneficiaries for services provided by telehealth. Recognizing the unique circumstances resulting from the COVID-19 outbreak, the OIG states that it will not subject physicians and other practitioners to OIG […]
Posted on September 5, 2018 by Ruder Ware Alumni
Blog
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 Ruder Ware Alumni
Blog
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 May 24, 2018 by Ruder Ware Alumni
Blog
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 September 30, 2014 by Ruder Ware Alumni
Blog
A Federal Whistleblower that was recently settled in the United States District Court for the Middle District of Tennessee illustrates the difficult issues involved in structuring ambulatory surgery center (“ASC”) investments. Specifically, the case demonstrates how investment terms that are intended to assure compliance with the safe harbor regulations under the Medicare Anti?Kickback Statute (42 […]