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Search OptionsHealth CareThe Yates Memo and Warner Chilcott – Fallout from the Trial
Following up on a previous client alert item, a federal jury recently found W. Carl Reichel, former president of Warner Chilcott, not guilty on June 17, 2016 of conspiring to pay kickbacks to doctors in exchange for writing prescriptions. The jury deliberated two days before delivering a not guilty… Indiana Boards to Adopt Rules to Align the Practice of Prescribing Controlled Substances to Patients with Chronic Pain
The Indiana General Assembly passed legislation during the 2015 General Session directing certain boards to establish protocols and standards for prescribing controlled substances for pain management treatment that “complement” existing rules for physicians.[1] Those boards include: the Board of… The Supreme Court Endorses "Implied Certification"
Hospitals which have discovered violations in their submissions for payment under Medicare and Medicaid may now pause before reporting the mistake and determine if the violation was “material” to the government’s conditions for payment. If the mistake was not material, then the False Claims Act… Aetna Claims Victory in Four Year-Old Lawsuit Against Bay Area Surgical Management, LLC
Aetna has claimed victory in a four year-old lawsuit against Bay Area Surgical Management, LLC, after a civil jury hit the California medical group with a $37.4 million dollar judgment. The victory capped a month-long trial against 10 defendants, including surgical centers and the organization's… CMS Issues Final Rule: "Medicaid Program; Methods for Assuring Access to Covered Medicaid Services"
On November 2, 2015, the Centers for Medicare and Medicaid Services (“CMS”) issued a Final Rule titled “Medicaid Program; Methods for Assuring Access to Covered Medicaid Services” following the recent Supreme Court case, Armstrong v. Exceptional Child Care Center, where the Court held that a… Bipartisan Budget Act of 2015 Changes Reimbursement for Off-Campus Outpatient Departments
On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015 (Pub. Law 114-74) into law. The Act includes many provisions aimed to reduce federal debt, but only a few specifically affect health care. Perhaps one of the most significant health care implications involves a change in… International Pharmaceutical Company Pleads Guilty in Federal Court to Felony Criminal Charges
Warner Chilcott USA Sales, LLC, has agreed to plead guilty in federal court to felony criminal charges of paying kickbacks to physicians in return for prescribing seven of its drugs. The subsidiary of multibillion-dollar international pharmaceuticals company Allergan, was also accused of… CMS Issues Proposed Rule Revising the Long-Term Care Facility Medicare and Medicaid Participation Requirements
On July 16, 2015, CMS issued a proposed rule revising the Long-Term Care Facility Medicare and Medicaid participation requirements. These proposed revisions would serve as a widespread update to the participation requirements which have not been comprehensively reviewed and updated since 1991,… CMS Clarifies Access to Documentation as a Condition of Payment
Earlier this year, CMS published a Medicare notice titled Clarification of Ordering and Certifying Documentation Maintenance Requirements (Change Request 9112), which clarifies the term "access to documentation" in the Medicare Program Integrity Manual (Pub. 100-08, Chapter 15, Section 15.18). Under… No "Privilege Against Self-Incrimination" (Fifth Amendment) for Corporate Documents in a Fraud and Abuse Investigation
In a federal grand jury investigation into illegal physician kickbacks paid by a laboratory, Circuit Court Judge Cohen, writing for the U.S. Court of Appeals for the Third Circuit, affirmed the U.S. District Court for the District of New Jersey’s order of contempt against a physician and his… CMS Proposes Medicaid Managed Care Revisions
The Centers for Medicare & Medicaid Services (“CMS”) published its proposed rule to update its standards and requirements for Medicaid managed care plans. CMS notes that laws passed since the Medicaid managed care regulations were promulgated in 2002 have changed Medicaid to such an extent that the… ACO Final Rule Released
On June 4, 2015, the Centers for Medicare and Medicaid Services (“CMS”) issued a Final Rule for the “Medicare Shared Savings Program: Accountable Care Organizations.” The Final Rule follows the December 2014 Proposed Rule and the review of more than 270 public comments. The Medicare Shared Savings… |
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