News & Analysis as of November 17, 2024

Anti-Kickback Statute › Regulatory Agenda › Health Care Providers

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The Anti-Kickback Statute is a United States federal criminal statute that prohibits the exchange (or the promise to exchange) of anything of value for referrals of federal healthcare program business. The... more +

The Anti-Kickback Statute is a United States federal criminal statute that prohibits the exchange (or the promise to exchange) of anything of value for referrals of federal healthcare program business. The statute aims to prevent situations where government officials channel federal healthcare dollars towards particular providers, who have offered or given the official a personal benefit. Penalties for violation of the Anti-Kickback statute apply to both sides of a prohibited transaction and can include jail time and steep monetary fines. less -

Healthcare Regulatory Check-Up Newsletter | September 2024 Recap

McDermott Will & Emery on 10/25/2024

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for September 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False...more

Healthcare Regulatory Check-Up Newsletter | August 2024 Recap

McDermott Will & Emery on 10/7/2024

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for August 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False...more

Healthcare Regulatory Check-Up Newsletter | July 2024 Recap

McDermott Will & Emery on 9/6/2024

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including a final rule on provider...more

Healthcare Regulatory Check-Up Newsletter | June 2024 Recap

McDermott Will & Emery on 8/1/2024

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for June 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including guidance regarding hospital...more

Healthcare Regulatory Check-Up Newsletter | May 2024 Recap

McDermott Will & Emery on 6/25/2024

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for May 2024. We discuss several notable cases and enforcement resolutions, including the US Court of Appeals for the District of...more

Healthcare Regulatory Check-up Newsletter | March 2024 Recap

McDermott Will & Emery on 4/24/2024

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for March 2024. We summarize a US Court of Appeals for the Second Circuit decision interpreting the intent standard under the federal...more

Healthcare Regulatory Check-up Newsletter | October 2023 Recap

McDermott Will & Emery on 11/30/2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for October 2023. We discuss several enforcement actions that involve violations of the False Claims Act (FCA) and the...more

OIG Issues Unfavorable Advisory Opinion on Free Items to Patients Tied to Reimbursable Services

Mintz - Health Care Viewpoints on 11/2/2023

Perhaps unsurprisingly, the Office of Inspector General for the Department of Health and Human Services (OIG) rejected a manufacturer’s proposal to provide free hearing aids to certain patients if they receive one of the...more

Healthcare Regulatory Check-up Newsletter | July 2023 Recap

McDermott Will & Emery on 9/1/2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for July 2023. We discuss several criminal and civil enforcement actions that involve violations of the False Claims Act...more

Healthcare Regulatory Check-up Newsletter | June 2023 Recap

McDermott Will & Emery on 7/31/2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for June 2023. We discuss several civil enforcement actions involving false claims, the Anti-Kickback Statute (AKS) and...more

Healthcare Regulatory Check-Up Newsletter | May 2023 Recap

McDermott Will & Emery on 6/23/2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity for May 2023. We discuss several criminal and civil enforcement actions that involve violations of the False Claims Act (FCA)...more

Healthcare Regulatory Check-up Newsletter | January 2023 Recap

McDermott Will & Emery on 3/9/2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity and developments occurring in January 2023, including several criminal and civil enforcement actions related to the federal...more

Healthcare Regulatory Check-Up Newsletter | January - April 2022

McDermott Will & Emery on 5/26/2022

This special inaugural issue of McDermott’s Healthcare Regulatory Check-Up highlights noticeable enforcement activity, OIG regulatory developments, CMS regulatory developments and other key developments for healthcare...more

Changes coming to the Stark Law and Anti-Kickback Statute regulations

Bricker Graydon LLP on 2/10/2020

On October 9, 2019, the Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) issued long-awaited proposed changes “to modernize and clarify the...more

Triage in 2020: Health Care Topics to Watch in the New Year

K&L Gates LLP on 1/23/2020

In this week's episode, Lindsey Rogers-Seitz forecasts a number of critical issues spanning the health care industry that are likely to be points of focus in the coming year. Among these issues, Ms. Rogers-Seitz discusses the...more

CMS proposes new Stark Law exception for limited remuneration to a physician

Bricker Graydon LLP on 12/3/2019

On October 9, 2019, the Centers for Medicare and Medicare Services (CMS) released proposed changes to the regulations interpreting the Physician Self-Referral Law (Stark Law), including a new proposed exception for limited...more

Analyzing the Proposed 2019 Stark Reforms

Polsinelli on 11/21/2019

The United Stated Department of Health and Human Services (“HHS”) published a notice of proposed rulemaking (NPRM) containing proposed changes to the Physician Self-Referral Law (“Stark Law,” or “Stark”) on October 17, 2019....more

OIG proposes changes to existing Anti-Kickback Statute safe harbors

Bricker Graydon LLP on 11/19/2019

On October 9, 2019, the Office of Inspector General (OIG) released proposed changes interpreting the federal Anti-Kickback Statute (AKS) and its regulatory safe harbors, including changes to several existing safe harbors. ...more

CMS clarifies the process for correcting mistakes under the Stark Law

Bricker Graydon LLP on 11/7/2019

On October 9, 2019, the Centers for Medicare and Medicaid Services (CMS) published proposed changes to the regulations interpreting the Physician Self-Referral Law (Stark Law)....more

CMS and OIG propose three new value-based care exceptions to remove value-based payment barriers

Bricker Graydon LLP on 11/5/2019

Part of the Centers for Medicare and Medicaid Services' (CMS) proposed changes to the regulations interpreting the Physician Self-Referral Law (Stark Law), released on October 9, 2019, includes three new exceptions for...more

CMS Proposes Rule Clarifying Physician Self-Referral Law Rules for Group Practice Profit Sharing

Robinson+Cole Health Law Diagnosis on 10/30/2019

On October 9, 2019 the Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) published a proposed rule making changes to the Physician Self-Referral Law, also called the Stark Law (PSR...more

Top Three Challenges Health Care Payers and Providers Will Face in 2020

Burr & Forman on 10/25/2019

Health care providers operate in one of the most highly regulated industries in terms of compliance and governmental oversight. As a result, providers face a number of regulatory and compliance challenges each year....more

CMS proposes to change the way group practices can pay profit shares to physicians under Stark Law

Bricker Graydon LLP on 10/24/2019

Part of the Centers for Medicare and Medicaid Services’ (CMS) proposed changes to the regulations interpreting the Physician Self-Referral Law (the “Stark Law”), released on October 9, 2019, include changes to the special...more

HHS Proposes Changes to Permit Donation of Cybersecurity Technology

Robinson+Cole Health Law Diagnosis on 10/23/2019

On October 17, 2019, the Department of Health and Human Services (HHS) published proposed rules to update the regulatory Anti-Kickback Statute (AKS) safe-harbors and exceptions to the Physician Self-Referral (PSR) Law, known...more

CMS proposes to recalibrate the scope and application of the Stark regulations

Bricker Graydon LLP on 10/23/2019

As part of the long-awaited proposed changes “to modernize and clarify” the regulations that interpret the Physician Self-Referral Law (the “Stark Law”) released on October 9, 2019, the Centers for Medicare and Medicaid...more

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