Articles Posted in Stark and Anti-Kickback

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 and suppliers, including new Medicare […]

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 Partner Adrienne Dresevic made the […]

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 announcement. As chair of the […]

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 as Advisory Opinion No. 12-06 […]

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 their patients to be ambulatory […]

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 6409(a) of the Patient Protection […]

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 gain profit, directly or indirectly […]

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 action against Tuomey alleging that […]

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, the Requestor, a corporation with […]

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, 2012 at 5pm and may […]

Contact Information