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HTMLMassachusetts Finalizes Risk-Bearing Provider Organization Regulations
Leslie J. Levinson, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
August 25, 2014, previously published on August 2014
On August 15, 2014, the Massachusetts Division of Insurance (the “Division”) released the final regulations implementing Chapter 176T of the Massachusetts General Laws (“Chapter 176T”).

 

HTMLGeorgia Composite Medical Board Issues New Telemedicine Rules
Nathaniel M. Lacktman; Foley & Lardner LLP;
Legal Alert/Article
August 25, 2014, previously published on August 20, 2014
The Georgia Composite Medical Board enacted a new regulation governing the standards for telemedicine practice. The regulation, titled Practice Through Electronic or Other Such Means, is found under Georgia Comp. Rules and Regs. rule 360-3-.07 and is intended to establish the minimum standards of...

 

HTMLEighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed
Jacqueline N. Acosta; Foley & Lardner LLP;
Legal Alert/Article
August 25, 2014, previously published on August 18, 2014
In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos v. Stryker Corp. et...

 

HTMLHere Comes the Sunshine Act
Grace D. Mack; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
The Centers for Medicare and Medicaid Services (CMS) released a guide for physicians to prepare for the Dispute Resolution period of the Physician Payments Sunshine Act. The CMS guide is available on the CMS Open Payments website http://go.cms.gov/openpayments. CMS announced "mid-July"...

 

HTMLOIG Issues “Special Fraud Alert” on Lab Payments for Specimen Processing and Data Registry
Grace D. Mack; Wilentz, Goldman & Spitzer P.A.;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
On June 25, 2014, the OIG issued a Special Fraud Alert addressing compensation paid by laboratories to referring physicians. This Special Fraud Alert supplements prior OIG guidance which emphasizes that providing free or below-market goods or services to a physician who is a source of referrals, or...

 

HTMLFinal Meaningful Use Regulations under Review by OMB
Leslie J. Levinson, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
August 25, 2014, previously published on August 2014
On August 8, 2014, the White House Office of Management and Budget (OMB) received the final rule addressing the meaningful use stage timeline, the definition of certified electronic health record technology (CEHRT), and the requirements for the reporting of clinical quality measures for 2014. The...

 

HTMLAcute Care Hospitals Settle FCA Lawsuits for $98 Million
Brian P. Dunphy; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
Community Health Systems, Inc. (CHS) and Community Health Systems Professional Services Corporation, together a national owner and operator of acute care hospitals, and 119 of their hospitals, agreed to pay $98 million to settle seven False Claims Act (FCA) lawsuits filed by qui tam relators around...

 

HTMLOIG Approves Manufacturer’s Direct-to-Patient Discount Sales Program
Theresa C. Carnegie, Carrie A. Roll; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 13, 2014
The Office of Inspector General (“OIG”) recently posted an Advisory Opinion approving a pharmaceutical manufacturer’s direct-to-patient product sales program. While this Advisory Opinion cannot be relied upon by anyone other than the requestor, it potentially opens the door for...

 

HTMLFederal Court Rejects Relator’s Swapping Allegations in False Claims Act Case
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
This week a federal district court in Ohio ruled in favor of Mobilex USA (Mobilex), the country’s largest mobile medical imaging company, on a motion for summary judgment in a False Claims Act (FCA) suit filed by a former employee, Kevin P. McDonough. McDonough accused Mobilex of...

 

HTMLNew Virginia Law Prohibits Physician Mark-Ups for Anatomic Pathology Services
T. Braxton McKee, Laura Dickson Rixey; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
August 22, 2014, previously published on August 2014
Effective as of July 1, 2014, Virginia licensed healthcare practitioners are prohibited from marking-up anatomic pathology services performed by independent pathologists. The law is codified as new Section 54.1-2962.01 of the Virginia Code.

 


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