[10/11/19]
Posted on October 11, 2019 in Health Law News
Published by: Hall Render
On September 6, 2019, OIG issued Advisory Opinion No. 19-05 (“the Opinion”) regarding the proposed purchase of real estate from an entity owned and managed, in part, by an excluded individual. The facts that gave rise to the Opinion involved a community health center receiving federal grant funding and Medicare reimbursement which was looking... READ MORE
Tags: advisory opinion, Civil Monetary Penalties, civil monetary penalties liability, Excluded Individual, exclusion, Health Care Real Estate, oig, Real estate purchase
[08/13/19]
Posted on August 13, 2019 in Health Law News
Published by: Hall Render
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
Tags: advisory opinion, cms, Physician Fee Schedule, Physician Self-Referral Law, proposed rule, regulations, Stark law
[03/13/12]
Posted on March 13, 2012 in False Claims Act Defense
Written by: David B. Honig
February was an interesting month, with one case showing how OIG advisory opinions can be taken too far, another considering fraud under a corporate integrity agreement, and a court applying burden-shifting for the first time at the appellate level in FCA retaliation cases. Cases reviewed from February are: US ex rel. Boggs v. Bright Smile... READ MORE
Tags: advisory opinion, Aggregate Industries, Bell Constructors, Boggs, Bright Smile, caselaw, False Claims Act, fraud with particularity, Harrington, Klein, Klusmeier, law, legal, Matheny, Medco, oig, qui tam, relator, Retaliation, update, whistleblower
