On July 8, 2015, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule containing major provisions relating to the Physician Self-Referral Law (i.e., the Stark Law) and its exceptions. CMS states that the purpose of the Stark proposals is: “to accommodate delivery and payment system reform, to…
Articles Posted in Health Law
OCR Announces Consolidation of Kansas City and Chicago Branches
On April 20, 2015, the Department of Health and Human Services’ Office of Inspector General, in partnership with the American Health Lawyers Association and the Association of Healthcare Internal Auditors, published Practical Guidance for Health Care Governing Boards on Compliance Oversight, which describes the OIG’s expectations of the compliance oversight…
United States Supreme Court Rules to Uphold Federal Subsidies Created by the Affordable Care Act
June 25, 2015 On June 18, 2015, the United States Supreme Court decided the case of King, et al. v. Burwell, Secretary of Health and Human Services, et al., upholding federal subsidies for taxpayers who buy health insurance on the federal government’s healthcare.gov webpage. The potential loss of the subsidies…
U.S. Government Arrests 243 Individuals for Healthcare Fraud Allegations
On June 18, 2015, the U.S. Department of Health and Human Services (“HHS”) arrested 243 individuals for allegedly participating in Medicare/Medicaid fraud schemes. The government claims that combined, the cases involve $712 million in supposedly false billings. As part of the sweep, the Centers for Medicare and Medicaid (“CMS”) also…
Department of Health and Human Services
At the American Bar Association’s Physician Legal Issues Conference, Celeste Davis, Esq., of the Office for Civil Rights announced that, effective Monday, June 15, 2015, the Kansas City branch of the Office for Civil Rights will consolidate with the Chicago branch to form the new Department of Health and Human…
PHARMACIES ARE RECEIVING LETTERS FROM THE DOJ REGARDING BILLING FRAUD AND FALSE CLAIMS ACT INVESTIGATIONS.
Recently, pharmacies (specifically compounding pharmacies) across the country have begun receiving letters from the U.S. Department of Justice (DOJ) notifying them that the pharmacy is being investigated for fraud under the False Claims Act for knowingly billing for drugs that were not medically necessary. Industry insiders have reported that, just…
PHYSICIANS AND HEALTHCARE ATTORNEYS: Join HLP at the ABA’s Physicians Legal Issues Conference on June 10-12th in Chicago.
We invite you to join Adrienne Dresevic, Esq., and Clinton Mikel, Esq., at the American Bar Association’s Physicians Legal Issues Conference on June 10-12th in Chicago, Illinois. This annual conference is attended by both attorneys and physicians and is held in conjunction with the Chicago Medical Society and the American…
Proposed Legislation Would change Michigan CRNA Supervision Requirements and Increase Access to Anesthesia Care
On May 7, 2015, Michigan Senator Mike Kowall (R-White Lake) introduced legislation that would allow hospitals more flexibility in determining the best anesthesia delivery model for their patient’s needs. While certified registered nurse anesthetists (“CRNAs”) provide the anesthesia care during most patient procedures – staying with the patient throughout the…
ABA HEALTH LAW SECTION ANNOUNCES SLATE OF 2015-2016 OFFICERS AND COUNCIL
Congratulations to Founding Shareholder, Adrienne Dresevic, nominated to once again serve on Council for the ABA Health Law Section. Nominations will be voted on by the membership at the Annual Meeting, August 2. http://www.americanbar.org/groups/health_law/news/2015/04/aba_health_law_secti.html
MEDICARE APPEALS BACKLOG: THE AHA CONTINUES TO FIGHT FOR JUDICIAL RELIEF
The AHA has taken its first steps to appeal a lower court’s refusal to intervene to address the significant appeals backlog pending at the ALJ level of appeal. On May 4, 2015, the AHA submitted its Opening Brief to the U.S. Court of Appeals for the D.C. Circuit, alleging that…