Posted on May 20, 2019 by Ruder Ware Alumni
Blog
The Criminal Division of the United States Department of Justice (DOJ) recently released an update (April, 2019) to its Evaluation of Corporate Compliance Programs (Evaluation). The Evaluation was first introduced in 2017 to provide guidance for prosecutors to consider when conducting investigations, determining whether to bring charges, and negotiating plea and other agreements. The Evaluation […]
Posted on October 22, 2018 by Ruder Ware Alumni
Blog
Last month, the Centers for Medicare and Medicaid Services (CMS) announced a proposed rule designed to, in CMS’s words, “relieve burden on healthcare providers by removing unnecessary, obsolete or excessively burdensome Medicare compliance requirements for healthcare facilities”. CMS estimates that the annual savings to healthcare providers would be $1.2 billion. The proposed rule is some […]
Posted on July 30, 2018 by Ruder Ware Alumni
Blog
Many are unaware that the Americans with Disabilities Act (“ADA”) applies to websites as well as physical facilities. A review of court dockets around the country shows that plaintiffs are filing an increasing number of lawsuits against companies alleging that their websites are not “accessible” to individuals with disabilities as required by the ADA. In […]
Posted on June 5, 2018 by Ruder Ware Alumni
Blog
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 April 30, 2018 by Ruder Ware Alumni
Blog
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 May 3, 2017 by Ruder Ware Alumni
Blog
Timeframes for Making Repayment to the Government The 60-day repayment rule adopted as part of the Affordable Care Act is a very strong arrow in the quiver of federal enforcement agencies. Under the 60-day rule a known overpayment can become a False Claim if it is not repaid or if a self-disclosure is not filed […]
Posted on April 7, 2017 by Ruder Ware Alumni
Blog
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 […]
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 […]
Posted on April 4, 2017 by Ruder Ware Alumni
Blog
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 in many contexts and takes on a variety of meanings depending on […]
Posted on March 30, 2017 by Ruder Ware Alumni
Blog
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 Self-Disclosure Protocols (“SDP”) can be very compelling, the decision whether to utilize the OIG’s self-disclosure protocols is often very […]