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HTMLQuantifying and Addressing Improper Payments for Medicare Evaluation and Management Services
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on June 2, 2014
A review of Medicare Part B claims for evaluation and management (E/M) services conducted by the Office of the Inspector General (OIG) has found that the program paid $6.7 billion in improper payments in 2010. This figure represents 21 percent of all E/M payments for the year; E/M payments,...

 

HTMLCloudy Skies Ahead for Providers? CMS’ Release of Medicare Billing Data Combined with Physician Payment Sunshine Act Data May Boost Fraud Litigation
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on June 4, 2014
In February 2013, we reported (on our Healthcare Law Blog) that the Centers for Medicare and Medicaid Services (CMS) announced the final rule for the Physician Payments Sunshine Act. In the interest of providing more transparency for patients, the final rule requires pharmaceutical and medical...

 

HTMLProposed Modifications to EHR Incentive Programs
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on May 27, 2014
Last year, HHS revised policies and definitions surrounding what constitutes certified EHR technology—required for meaningful use incentive program payment eligibility—from the 2011 Edition criteria to the 2014 Edition criteria. Now, CMS has issued a proposed rule in response to...

 

HTML“They’re Here” - What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule ... and its NASA “Spinoff”
Alexander Major; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 6, 2014, previously published on May 20, 2014
If you are a contractor that interacts with both the Department of Defense and “electronic parts,” it is time to grab the caffeinated beverage of your choice, crack open 79 FR 26,092, and begin the bone-tingling read that is sure to keep many supply chain managers up at night....

 

HTMLDeveloper-Prepared Cost Comparisons Can Show Economic Infeasibility Under CEQA
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 5, 2014, previously published on June 2, 2014
In a precedent-setting decision, the First District Court of Appeal approved the alternatives analysis used to support a massive 35-year landfill expansion in the Suisun Marsh. Challengers argued that more evidence was required to reject a reduced-size, shorter-term alternative on the ground of...

 

HTMLProposed modifications to EHR Incentive Programs
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 2, 2014, previously published on May 27, 2014
Last year, HHS revised policies and definitions surrounding what constitutes certified EHR technology—required for meaningful use incentive program payment eligibility—from the 2011 Edition criteria to the 2014 Edition criteria. Now, CMS has issued a proposed rule in response to...

 

HTMLNew Decision Clarifies Summary Judgment Standards for Off-the-Clock Claims
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
On May 20, 2014, the First District Court of Appeal in Jong v. Kaiser Foundation Hospitals, issued a decision affirming the summary judgment granted as to one of the individual class representatives in a putative class action for overtime pay resulting from off-the-clock work. As explained below,...

 

HTMLFirst Circuit Affirms District Court’s Exclusion of Event Study as Unreliable Under Daubert
John M. Landry, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 22, 2014
In Bricklayers & Trowel Trades Int’l Pension Fund v. Credit Suisse Sec. (USA) LLC , No. 12-1750, 2014 U.S. App. LEXIS 8994 (1st Cir. May 14, 2014), the United States Court of Appeals for the First Circuit affirmed a district court’s exclusion of an event study as unreliable under...

 

HTMLHow Are Your Physicians Compensated? Stark Law + False Claims Act = Halifax Paying $85 Million
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
On March 10, 2014, just days before trial, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) entered into an $85 million settlement with the U.S. Department of Justice resolving allegations that they violated the False Claims Act (“FCA”) by...

 

HTMLOnce More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations
Douglas A. "Drew" Svor, Brian D. Weimer, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 16, 2014
Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed Rulemaking (NPRM) that initiated a renewed effort to foster and...

 


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