A pivotal decision by a New York Appellate Division court holding that earnouts based on the future revenue of a dental practice violated the NY Fee Splitting Prohibition could substantially impact the structuring of health...more
8/14/2024
/ Acquisitions ,
Appeals ,
Asset Purchase Agreements ,
Breach of Contract ,
Buyers ,
Contract Terms ,
Corporate Practice of Dentistry ,
Earn-Outs ,
Fee-Splitting ,
Mergers ,
Sellers ,
Unjust Enrichment
Earlier this year in late February, the Drug Enforcement Administration (DEA) announced proposed rules attempting to change the rules for tele-prescribing controlled drugs that were permitted during the COVID-19 Public Health...more
5/5/2023
/ American Medical Association ,
Controlled Substances ,
DEA ,
Department of Health and Human Services (HHS) ,
Electronic Prescribing ,
Health Care Providers ,
Prescription Drugs ,
Public Comment ,
Telehealth ,
Telemedicine ,
Temporary Regulations
Two months in and this year has already seen significant movement in regulatory action across the country to expand the ability to provide telemedicine services. Below please find some of the more significant items that have...more
On May 20, 2015, CareFirst BlueCross BlueShield (“CareFirst”) announced that it was the latest victim of a major cyberattack, with as many as 1.1 million plan customers affected. Current and former CareFirst members and...more
The Affordable Care Act includes many provisions aimed at improving the quality of care provided by different types of health care professionals and providers. Along these lines, the ACA expands the types of facilities and...more
Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more
3/17/2015
/ Anthem Blue Cross ,
Anthem Insurance ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Failure to Notify ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Negligence ,
Negligent Infliction of Emotional Distress ,
Personally Identifiable Information ,
PHI ,
Popular ,
Preemption
In this issue:
- Not-for-Profit Spotlight
- Liability Exposure for Volunteers
- Rules for Reimbursing Employers Up for Review—It’s a Good Time to Brush Up on the Benefits and Requirements of Your...more
May a licensed healthcare professional refuse to treat a patient? Healthcare providers have legal, ethical and professional duties to address a patient’s needs that fall within the provider’s scope of practice. However, are...more
In this Issue:
- Not-for-Profit Volunteers: HIPAA Compliance & Training
- Not-for-Profit Spotlight: Project Sunshine
- 10 Ways to Lose Your Not-for-Profit Status
- Economic Development...more
On Monday, August 4, 2014, The Department of Justice announced that Community Health Systems (“CHS”) agreed to pay $98.15 million to settle nine whistleblower lawsuits alleging that the company violated the False Claims Act. ...more
On Monday, August 4, 2014, The Department of Justice announced that Community Health Systems (“CHS”), the nation’s largest operator of acute care hospitals, agreed to pay $98.15 million to settle nine whistleblower lawsuits...more
The laboratory market has become quite competitive in recent years, raising compliance concerns and investigations into lab relationships with referring physicians. Accordingly, on June 25, 2014, the OIG released a Special...more
The Department of Justice (“DOJ”) announced another multi-million dollar settlement of alleged False Claims Act violations on March 11, 2014. Specifically, Halifax Hospital Medical Center and Halifax Staffing, Inc. agreed to...more
6/10/2014
/ Billing ,
Corporate Integrity Agreement ,
False Billing ,
False Claims Act (FCA) ,
Halifax Hospital ,
Healthcare ,
Hospitals ,
Medicare ,
Patient Referrals ,
Physician Medicare Reimbursements ,
Qui Tam ,
Relators ,
Stark Law
A company operating diagnostic testing facilities in New York has agreed to pay $13.65 million to the federal government and $1.85 million to New York and New Jersey for a total of $15.5 million in penalties to settle claims...more
Recent trends across the country have health systems buying out private physician practices and reclassifying them as hospital-outpatient departments. There are a number of motivations behind these transactions, the greatest...more
The OIG recently made available its 2014 Work Plan. The Plan identifies OIG focus areas and priority projects for the coming year. This post provides a brief summary of many of the new OIG projects for fiscal year 2014 to...more
The Centers for Medicare & Medicaid Services (“CMS”) recently released the final rule for Medicare’s Physician Fee Schedule for 2014 Calendar Year (“CY). While physicians are expected to see a 20.1% reduction to their...more
On October 30, 2013, the New York State Office of the Medicaid Inspector General (“OMIG”) issued a press release that New York recovered $211 million from the federal government out of an identified $496 million in Medicaid...more