May 11, 2021 | Health Care
On April 27, 2021, the Centers for Medicare & Medicaid Services issued a new proposed rule that, along with increasing hospital payments, proposes changes to the Medicare Promoting Interoperability Program (formerly known as the Medicare and Medicaid EHR Incentive...
May 11, 2021 | False Claims Act
In February 2021, CG attorneys wrote about an electronic health record (“EHR”) vendor, Athenahealth, Inc., agreeing to pay $18.25 million to resolve False Claims Act (“FCA”) allegations related to its marketing programs and alleged kickbacks. CG attorneys cautioned...
May 6, 2021 | False Claims Act
In a March 4 press release, the Department of Justice announced it had reached a settlement with Incyte Corporation resolving allegations that Incyte had violated the False Claims Act and Anti-Kickback Statute. DOJ alleged that, over a 3-year period, Incyte had used...
May 6, 2021 | Health Care
On April 29, 2021, the Department of Health and Human Services (HHS) Office of Inspector General (“OIG”) released a new advisory opinion (OIG Advisory Opinion No. 21-02) about an Ambulatory Surgery Center (“ASC”) to be jointly owned by a health system, a physician...
May 3, 2021 | Fraud Investigations, Government Investigations, Health Care, White Collar Crime
In 2019, the U.S. Department of Justice (“DOJ”) announced “Operation Brace Yourself,” which resulted in charges against 24 criminal defendants and adverse administrative actions against 130 DME companies. Operation Brace Yourself was a nationwide scheme related to...
Apr 29, 2021 | Employment Law, Health Care
The U.S. Department of Health and Human Services, Office of the Inspector General (OIG) may exclude individuals and entities from federally funded healthcare programs under 42 U.S.C. §§ 1320a-7 and 1320c-5. By law, the OIG must exclude individuals and entities for...
Apr 28, 2021 | Employment Law, Health Care, Healthcare Transactions
Any time a physician and a hospital enter a long-term relationship, whether through a direct employment arrangement or through a services agreement with a physician group, the discussion around physician compensation can quickly grow complicated. Most healthcare...
Apr 21, 2021 | DOJ, Fraud Investigations, Health Care, White Collar Crime
Ivan Scott, of Florida, was sentenced this week to 10 years in prison for his involvement in a conspiracy to submit fraudulent claims to Medicare for genetic testing. Scott was the owner of Scott Global, an Orlando telemarketing call center. Through his company,...
Apr 21, 2021 | SEC Investigations
On April 17, Gary Gensler was sworn in as Chair of the Securities and Exchange Commission (SEC). After being nominated by President Biden on February 3, 2021, Gensler was confirmed by the Senate in a 53-to-45 vote on April 14. Gensler is a non-attorney, and will be...
