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Articles Posted in Stark and Anti-Kickback

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THE HEALTH LAW PARTNERS’ ADRIENNE DRESEVIC AND JESSICA GUSTAFSON PRESENT AT THE ASSOCIATION FOR MEDICAL IMAGING MANAGEMENT NATIONAL MEETING

Adrienne Dresevic and Jessica Gustafson, founding partners of Southfield, Mich.-based The Health Law Partners, recently presented at The Association for Medical Imaging Management’s (AHRA) 40th Annual Meeting and Expo in Orlando, Fla. Founding partner, Abby Pendleton made the announcement. Dresevic and Gustafson spoke on key legal issues impacting radiology providers…

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THE HEALTH LAW PARTNERS’ CLAUDIA HINRICHSEN TO PRESENT WEBINAR ON MANAGED CARE CONTRACTS Hinrichsen will serve as panelist and will provide roadmap to successful contract negotiations

Claudia Hinrichsen, partner at Lake Success, N.Y.-based The Dresevic, Hinrichsen, Iwrey, Kalmowitz, La Salle, Lebow & Pendleton Law Group, a division of The Health Law Partners, P.C., will present at a Continued Legal Education webinar entitled “Drafting Managed Care Contracts: Considerations for Providers” on Sept. 6 at 1:00 p.m. Founding…

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THE HEALTH LAW PARTNERS’ ADRIENNE DRESEVIC APPOINTED TO AMERICAN BAR ASSOCIATION EDITORIAL BOARDS AND PUBLICATIONS COMMITTEE

Adrienne Dresevic, founding partner of Southfield, Mich.-based The Health Law Partners, has been appointed chair of the American Bar Association (ABA) Publications Committee, liaison from the publications committee to The Health Lawyer Editorial Board and chair of the Stark & Anti-Kickback Toolkit Editorial Board. Founding partner, Carey Kalmowitz made the…

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Viewing the Recent OIG Company Model Advisory Opinion for What It Truly Is: Meaningful Guidance That Must Be Incorporated Into These Arrangements (But Certainly Not the Death Knell to All Company Models Across the Country)

On June 1, 2012, the Department of Health and Human Services Office of Inspector General (the “OIG”) issued its Advisory Opinion No. 12-06, which provides long-awaited guidance to the health care industry regarding the legal permissibility of an anesthesia delivery service model commonly referred to as the “company model.” Insofar…

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In Office DME Arrangements Should be Carefully Reviewed by Legal Counsel

In their June newsletter, The Record, Blue Cross Blue Shield of Michigan (BCBSM) recommended that physicians “consult with their legal counsel periodically.” The problem that BCBSM identified is the situation where physicians prescribe and dispense durable medical equipment and prosthetics and orthotics items in order to provide a means for…

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New CMS Guidance Allows SRDP Analysis to be Limited to Four Years

In four new recently posted frequently asked questions (FAQs) (select Fraud and Abuse in the left column), the Centers for Medicare & Medicaid Services (CMS) offers new guidance regarding the CMS Voluntary Self-Referral Disclosure Protocol. On September 23, 2010, CMS published the Medicare self-referral disclosure protocol (“SRDP”) pursuant to Section…

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New Hampshire House Passes Sweeping Rules Regarding Physician Relationships with Medical Device Companies

On March 29, 2012, with veritably no debate and less fan-fare, the New Hampshire House of Representatives recommended for passage HB 1725. HB 1725 is broad-reaching, and would prohibit all medical practitioners from prescribing or referring any FDA class II or class III implantable device in cases where they would…

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Significant Stark Law Case Overturned by the Fourth Circuit Court of Appeals

In an opinion issued March 30, 2012, the United States Court of Appeals for the Fourth Circuit overturned a $45 million judgment against Tuomey Healthcare System, Inc. (“Tuomey”), a private, nonprofit corporation which owns and operates Tuomey Hospital in Sumter County, South Carolina. A former physician brought a qui tam…

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OIG Views Favorably a Proposal to Operate Website Containing Coupons and Advertising from Health Care Entities

On March 27, 2012, the Office of Inspector General (“OIG”) posted a favorable, but narrowly defined, Advisory Opinion (Opinion No. 12-02) pertaining to Requestor’s proposal to operate a website that would display coupons and advertising from health care providers, suppliers, and other entities (the “Proposed Arrangement”). Under the Proposed Arrangement,…

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OIG Soliciting Recommendations for AKS Safe Harbors

In the December 29, 2011 Federal Register, the Office of Inspector General (“OIG”) issued a notice of intent to develop regulations wherein it “solicits proposals and recommendations for developing new and modifying existing safe harbor provisions under the Federal anti-kickback statute….” Comments must be delivered no later than February 27,…