Articles and Blogs

On July 8, 2020, the Department of Justice announced it settled a qui tam action[1] involving alleged violations of the federal and state False Claims Act (“FCA”) for $72.3 million against an Oklahoma surgical specialty hospital, its managers, a physician group and two individual physicians. Part of the factual allegations underpinning the FCA claims... READ MORE

As COVID-19-related testing capabilities increase along with other kinds of desired laboratory tests, clinical laboratories are encountering heightened volumes resulting from rising demand for services. Recovery homes and clinical treatment facilities may also see heightened demand for services stemming from the COVID-19 fall-out. In addition to this demand, these entities may wish to promote... READ MORE

On April 3, 2020, OIG released a Policy Statement indicating OIG will exercise its enforcement discretion not to impose administrative sanctions under the federal Anti-Kickback Statute (“AKS”) for certain financial arrangements related to a COVID-19 purpose that are covered under the Blanket Stark waivers issued by the Secretary of the U.S. Department of Health... READ MORE

On March 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued blanket waivers of several Stark Law requirements related to COVID-19 physician arrangements. These waivers are welcome news to hospitals, health systems and other providers that have been tackling challenging physician contracting, compensation and staffing issues over the past month. Timeframe The... READ MORE

Monday, March 30 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ CMS Updates Waivers & Flexibilities Late this afternoon, CMS updated the waivers... READ MORE

Under the federal Stark Law, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $423 for calendar year 2020. The dollar limit for “medical staff incidental benefits” (e.g., meals, parking and other items or incidental services that are used on the hospital’s campus) is less than $36 per occurrence. Other... READ MORE

Talk Is Cheap: Funding Negotiations Stall as Spending Deadline Approaches This week, the Senate had planned to begin deliberations on a legislative package that includes funding for the Department of Health and Human Services for fiscal year (“FY”) 2020. However, when Senate Majority Leader Mitch McConnell (R-KY) offered the motion needed to begin the debate,... READ MORE

On October 9, 2019, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (the “Proposed Rule”) to amend the regulations interpreting the Stark Law. The Proposed Rule revises material portions of the Stark Regulations and includes critically necessary guidance on leasing arrangements subject to the Stark Law. This article provides a... READ MORE

On October 9, 2019, the Centers for Medicare & Medicaid Services (“CMS”) released a much anticipated proposed rule (“Proposed Rule”) aimed at modernizing and streamlining the Federal Stark Regulations. The Proposed Rule is one component of the Department of Health and Human Services (“HHS”) recently launched “Regulatory Sprint to Coordinated Care” and is intended... READ MORE

In the recently issued Physician Fee Schedule Proposed Rule for Calendar Year 2020, the Centers for Medicare & Medicaid Services (“CMS”) proposed several revisions to its Stark Law advisory opinion process. These proposed revisions follow CMS’s receipt of several stakeholder comments in response to its Request for Information Regarding the Physician Self-Referral Law published... READ MORE