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|$39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare|
Scott Ewing, Jeremy D. Kernodle; Haynes and Boone, LLP;
May 17, 2013, previously published on May 15, 2013Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government. United States ex rel. Drakeford v. Tuomey...
|OCR Announces Free HIPAA Omnibus Rule Webinars|
Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 17, 2013, previously published on May 16, 2013The HHS Office of Civil Rights (OCR) and the Workgroup for Electronic Data Interchange (WEDI) are co-sponsoring four upcoming webinars to help smaller health care providers feeling overwhelmed by the 138-page HIPAA Omnibus Rule better understand HIPAA compliance and enforcement topics. The...
|OIG Issues Updated Bulletin on Exclusions from Federal Health Care Programs|
Anna Schwamlein Howard, Jeremy Shapiro-Barr, Douglas B. Swill; Drinker Biddle & Reath LLP;
May 17, 2013, previously published on May 16, 2013On May 8, 2013, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services issued an updated bulletin titled, “Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs.” The updated bulletin replaces the...
|Five Takeaways from the OIG’s Special Advisory Bulletin on Exclusion|
Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 17, 2013, previously published on May 10, 2013This week the Office of Inspector General for the Department of Health and Human Services (“OIG”) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, an update that was more than thirteen years in the making.
|An In-Depth Look at the Fraud Charges Against Vitas Hospice Services|
Waller Lansden Dortch Davis LLP;
May 17, 2013, previously published on May 15, 2013Earlier this month, the United States Department of Justice (“DOJ”) filed a suit against Vitas Hospice Services, L.L.C. and its subsidiary entities (“Vitas”) alleging that Vitas submitted false claims for hospice services which were excessive, unnecessary, or not provided,...
|What Does the Massachusetts Medical Marijuana Act Mean for Employers?|
Terence P. McCourt; Greenberg Traurig, LLP;
May 17, 2013, previously published on May 15, 2013Massachusetts recently became one of a number of states to legalize the use of marijuana for medical purposes. Regulations issued by the Massachusetts Department of Public Health are effective on May 24, 2013, enabling individuals to register to use medical marijuana. Massachusetts employers should...
|Certificate of Need Regulations Finalized and Released|
Vincenzo Carannante, Joan W. Feldman, Alex J. Hwang, David M. Mack, William J. Roberts; Shipman & Goodwin LLP;
May 17, 2013, previously published on May 16, 2013Attached please find the Office of Health Care Access’s (“OHCA’s”) final Certificate of Need (“CON”) regulations. Overall, the regulations are very similar to the proposed regulations issued in 2010. However, please see below for a brief summary of what we...
|Jury Finds Tuomey Healthcare System Guilty Of Stark and False Claims Act Violations Pursuant To Physician Employment Agreements|
Waller Lansden Dortch Davis LLP;
May 17, 2013, previously published on May 13, 2013Following a month-long retrial, a South Carolina jury has concluded that Tuomey Healthcare System, Inc. (Tuomey) violated the Stark Law and the False Claims Act by illegally paying referring physicians. The jury found that Tuomey’s compensation arrangements with referring physicians were...
|CMS Issues Final "Sunshine" Rule, Establishing New Reporting Requirements for Drug and Device Makers and Some GPOs|
William B. Eck; Greenberg Traurig, LLP;
May 16, 2013, previously published on May 13, 2013On February 8, 2013, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule implementing the Affordable Care Act’s “sunshine” provisions. The rule establishes new reporting requirements for payments to physicians by drug and device...
|Notice of Health Exchange Coverage Options Guidance Released|
Tiffany D. Downs, Scott V. Wagner; Ford & Harrison LLP;
May 16, 2013, previously published on May 14, 2013Executive Summary: The Affordable Care Act added section 18B to the Fair Labor Standards Act (FLSA), which requires certain employers to send out notices to employees regarding the availability of the state-based Health Insurance Exchanges ("Exchange Notice"). Under the FLSA, these...