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Health Care / Health Reform Connect®

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Dismissal of Non-Intervened Qui Tam Lawsuits

Posted by: Marc T. Quigley, Thomas J. Costakis, and Lauren C. Sorrell on February 2, 2018

A Department of Justice internal memo dated January 10, 2018 reflects a significant policy change regarding the DOJ’s election to dismiss certain qui tam lawsuits in which the government declines to intervene.  The Memo (a copy of which can be found here) notes that the number of qui tam actions...


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D.C. District Court Clarifies Lab Requirement for Establishing Medical Necessity

Posted by: Stephanie T. Eckerle and Andrew C. Walker on February 2, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A June 2017 decision by a federal district court in the District of Columbia determined that a reference laboratory cannot rely on the ordering physician’s determination to establish medical necessity for testing paid for under Medicare, Medicaid, or other federal health care programs.[1]  In...


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HIPAA Security...Integrity Matters

Posted by: Stephanie T. Eckerle and Susan E. Ziel on February 2, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The HIPAA Security Rule requires Covered Entities and their respective Business Associates to maintain certain Administrative, Physical and Technical safeguards to protect Electronic Protected Health Information (“e-PHI”).  Specifically, these safeguards are designed to ensure the...


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Recent DOJ Settlements with Physician Groups

Posted by: Meghan M. Linvill McNab on February 2, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On December 19, 2017, the U.S. Department of Justice (“DOJ”) announced settlements with two separate physician groups, one in Texas and one in Pennsylvania relating to allegations that the groups received illegal remuneration in exchange for patient referrals to hospitals owned by the...


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CMS Issues Guidance Regarding Texting Physician Orders

Posted by: Stephanie T. Eckerle and Andrew C. Walker on January 10, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A December 28, 2017 CMS memo to state surveyors clarifies CMS’ position as it relates to texting of orders by physicians or other health care providers as well as utilizing text messaging as a means of communication among the healthcare team.[1] In its memo, CMS holds that the practice of...


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Judge Allows Reduced 340B Payments, Effective 1/1/2018

Posted by: Leah S. Mannweiler and Andrew C. Walker on January 4, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

CMS’ November 1, 2017 Outpatient Prospective Payment System (“OPPS”) Final Rule (the “Final Rule”) implemented sweeping changes to the 340B Discount Drug Program, including a 28.5% payment reduction in certain 340B covered entities’ Medicare Part B drug reimbursement.

In response, three...


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Professional Licensing Changes Benefit Indiana Professional Corporation

Posted by: Thomas N. Hutchinson and Maggie C. Little on January 4, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Beginning January 1, 2018, Indiana professional corporations (“PCs”) will no longer be required to apply for a certificate of registration or renew such certificate of registration with the Indiana Professional Licensing Agency (“PLA”).

House Enrolled Act 1308 (“HEA 1308”) went into effect...


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