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|New Stark and Incident to Rules|
Leslie M. Cumber; Gordon Feinblatt LLC;
April 13, 2016, previously published on Spring 2016On November 16, 2015, the Centers for Medicare and Medicaid Services (CMS) published the final 2015 Physician Fee Schedule (Final Rule). Interestingly, the Final Rule also includes new exceptions and interpretations of the federal physician self-referral law (Stark Law) and clarifications to...
|Update to the Medicare Shared Savings Program|
Leslie M. Cumber; Gordon Feinblatt LLC;
April 13, 2016, previously published on Spring 2016Last year, the Centers for Medicare & Medicaid Services (CMS) updated the Medicare Shared Savings Program (MSSP). The MSSP, which was established under the Affordable Care Act, encourages providers of services and suppliers to create accountable care organizations (ACOs). If an ACO is...
|Amarin and FDA Agree to Landmark Settlement on Off-Label Promotion|
Michael A. Carvin, Toni-Ann Citera, Colleen Heisey, Karen P. Hewitt, Laura F. Laemmle-Weidenfeld; Jones Day;
April 6, 2016, previously published on March 2016On March 8, 2016, Amarin Pharma, Inc. reached a noteworthy settlement in its lawsuit against the U.S. Food and Drug Administration ("FDA") to protect its First Amendment right to promote the drug Vascepa for nonapproved, off-label uses. Amarin Pharma, Inc. v. FDA (S.D.N.Y. No. 15-cv-3588)...
|Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?|
Jana S. Baker, Jeanne Ellen Floyd, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 6, 2016, previously published on March 14, 2016In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This NLRB decision found that an employer may not adopt a work rule that...
|What is The Status of OFCCP Jurisdiction Over Healthcare Providers?|
Dara L. DeHaven, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 6, 2016, previously published on March 4, 2016In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare programs—Medicare, TRICARE, and the Federal Employee Health Benefits Program...
|CMS Issues Final Rule on Reporting and Returning of Overpayments|
Susan B. Orr; Rhoads & Sinon LLP;
April 6, 2016, previously published on March 2016On February 12, 2016, CMS published the Final Rule regarding the Reporting and Returning of Overpayments which provided much needed clarity as to when providers were required to report and return overpayments.
|Health Care: What's on the Radar for This Congressional Work Period|
Eli Greenspan, Alexander Hecht, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 31, 2016, previously published on February 19, 2016The next Hill work period basically runs from February 22 to March 18. As Congress returns, here’s a brief look at the pending health care issues on the radar for this work period.
|What's Next for Incentive Programs under OSHA's Draft Safety and Health Program Management Guidelines?|
Lawrence P. Halprin, Cressinda D. Schlag; Keller and Heckman LLP;
March 30, 2016, previously published on March 14, 2016On Thursday, March 10, 2016, OSHA held a public meeting to discuss its draft Safety and Health Program Management Guidelines (Guidelines). Most of the meeting was devoted to a discussion of the written comments received in the 90-day comment period, with a focus on areas that raised stakeholder...
|Michigan: Federal Law May Pre-empt Health Insurance Claims Assessment Act After All|
Chad Arfons, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
March 24, 2016, previously published on March 17, 2016In June of 2011, Governor Snyder signed the Health Insurance Claims Assessment Act (Act), which imposed a one percent assessment on health-related services performed in Michigan and paid by employer sponsored health plans and other third-party carriers. The law went into effect on January 1, 2012....
|Disturbing Trends In Enforcement Suggest Keeping Sales And Marketing In-House|
Rick L. Hindmand, Jane Marie Pine Wood; McDonald Hopkins LLC;
March 24, 2016, previously published on February 25, 2016Many health care providers utilize independent contractors who are paid on a commission basis to assist in the sales and marketing of their health care services. However, it is important to keep in mind that the Office of Inspector General (“OIG”) of the U.S. Department of Health and...