The U.S. Department of Justice issued a press release on August 25, 2009 announcing a $4.5 million False Claims Act Settlement against an Iowa hospital, Covenant Medical Center. The False Claims Act liability allegations were based upon charges by the Attorney General that paying excessive compensation violated the Stark Law.
Based upon IRS 990 forms, the…
A recent Allegheny County Court Case clearly establishes that the enforceability of restrictive covenants is not an urban myth; they are enforceable and vigorously litigated. In Allegheny Specialty Practice Network and the West Penn Allegheny Health System v. Joseph J. Colella, M.D., ASPN and WPAHS obtained a preliminary injunction prohibiting Dr. Colella…
The Pittsburgh Post Gazette recently ran an article entitled "Special-needs trusts can provide for disabled children".This Article highlights an essential planning tool for individuals with special needs and their loved ones, but also the complexity of such planning. Special needs planning requires a strong estate planning foundation in addition a working knowledge of public benefits…
CMS has issued Compliance Standards for Consignment Closets and Stock and Bill Arrangements. The purpose of Change Request 6528 was to define and prohibit certain arrangements where an enrolled supplier of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) maintains inventory at a practice location which is not owned by the enrolled DMEPOS supplier, but…
According to Bloomberg News it takes six lobbyists per lawmaker; on August 14, 2006, Bloomberg reported that $3,300 lobbyists have lined up to work on health reform. "That six lobbyists for each of the 535 members of the House and Senate, according to Senate records, and three times the number of people registered to lobby on…
The Kaiser Foundation has recently updated its website: www.statehealthfacts.org. The site has an amazing collection of state health facts, including Medicare reimbursement rates and Medicare participation rates, which are often the subject of significant speculation. The site has been added as a link on the Med Law Blog and I recommend you peruse it.
Surprise! Surprise! Another blow to healthcare reform. In an August 7, 2009 letter to the House Subcommittee on Health, the Congressional Budget Office (CBO) concludes:
"Although different types of preventive care have different effects on spending, the evidence suggests that for most preventive services, expanded utilization leads to higher, not lower, medical spending overall."
"Researchers…
New York Times reports Obama’s immigration timetable
“Obama Sets Immigration Changes for 2010”
Los Angels Times
“Debate heats up on healthcare for illegal immigrants”
The Office of Inspector General of the Department of Health and Human Services has just released a report examining problems with incident to billing by physicians, and seeking restrictions on the use of that billing arrangement. The report, titled "Prevalence and Qualifications of Non-Physicians Who Performed Medicare Physician Services" was posed by the OIG on…
