December 28th 2021
Here’s how to make sure your practice is in compliance with Stark regulation clarifications taking effect January 1st, 2022.
November 11th 2021
On December 2, 2020, CMS published new provisions and exemptions related to the Stark Law (85 Fed. Reg. 77492) and HHS-OIG published new provisions and safe harbors related to the Anti-Kickback Statute (AKS) (85 Fed. Reg. 77684.
July 15th 2021
Providers should be vigilant about the truthfulness of the claims and statements that are being submitted for remuneration by the government.
January 28th 2021
Take note of these two cases.
December 22nd 2020
DHS profit distribution compliance may require modification of physician contracts, compensation policies, and other documentation within the practice
Lawsuit Highlights Dangers of Physician Self-Referral
If you as a physician have ownership interests in any facility that you refer patients to, be sure you are in compliance with federal and state statutes.
Physicians and Gifts: A Legal Primer
Before you give - or receive - a gift this year, understand the federal and state laws that govern gifts to physicians and medical practices.
Participation in EHR Donation Program Requires Due Diligence
EHRs can be expensive for small practices. But a stipulation of the Stark Law allows a hospital to donate funds and partner with you for meaningful use.
Health Law Opinion Letters: A Primer for Physician Investors
If properly done, a health law opinion letter may insulate physicians from prosecution or penalties associated with their investment decisions.
Physicians: Beware Schemes to Circumvent Stark Law
No matter how cleverly structured, schemes to circumvent Stark Law are risky for physicians, and the consequences of failing to comply can be devastating.
OIG Opinion on Federal 'Carve Out' May Implicate ACOs
A recent decision by HHS' Office of the Inspector General raises some interesting issues with ACOs participating in the Medicare Shared Savings Program.
Stark, Anti-Kickback Laws Could Get Murkier Under Affordable Care Act
With health insurance exchanges on the horizon, some controlled by HHS, will federal laws fighting fraud and abuse have new teeth for physicians and practices?
Stark Law: Understanding the Rule
Here's an explanation of the rationale behind the Stark Law, the government's conflict of interest statute your medical practice needs to be aware of.
Healthcare through the Lens of Socialism, Communism, and Capitalism
Antiquated though the distinctions between socialism, communism, and capitalism may seem, healthcare would do well to keep one eye on lessons learned long ago.
The Hippocratic Oath and its Importance in the Delivery of Care
The physicians' oath not only predicts major federal statutes, but also reminds that a respectful team approach to healthcare is vital.
Potential Pitfalls of Physicians Owning Compounding Pharmacies
Here are some legal and ethical issues to consider before you own and operate a compounding pharmacy at your medical practice.
Physician Payments Sunshine Act a Wake-Up Call
Here's why physicians should set their alarms for August 1, 2013, for the beginning of disclosures under the Physician Payments Sunshine Act.
Kickback and Self–referral Statutes Physicians May be Violating
Business practices generally accepted in other industries can be illegal in healthcare, so it is important to be sure you are in compliance.
Ancillary Medical Services: Stark Law and Ethical Issues
Physicians are being presented with chances to invest in ancillary services, but they need to be aware of all the legal issues involved to avoid potential pitfalls.
Key Areas of Federal Healthcare Fraud Investigations
Want to know what the government looks for in healthcare fraud investigations? Here's some conduct you may want to avoid at your medical practice.
The New Sunshine Act Regulations for Physicians
There will be a lot more data gathering and reporting of physician payments from pharma and others under the proposed Sunshine Act. Here's what you need to know.
Compliance Tips for Your Medical Practice
A new year is the perfect time to be proactive and ensure your medical practice is compliance with all the regulations it faces.
Physicians Require Health Law Advice to Avoid Legal Pitfalls
Every new business venture into which physicians enter could present significant legal risk and should properly be vetted.
Concierge Medicine: The Cash-only Solution to a Successful Practice
Concierge medicine may have its critics, but it is the very essence of American ingenuity to identify a problem, and come up with a free-market solution.
The Basics of Independent Practice Associations
Here's a primer on independent practice associations. Not all are created alike, so be aware of the differences.
Avoiding Kickback Schemes: What Your Medical Practice Should Look For
Just because someone is not offering your medical practice cash does not mean what they are offering is any less illegal. So you are right to be skeptical.
When It is Legally Acceptable to Accept Gifts at Your Medical Practice
Yes, your medical practice can accept gifts from the healthcare industry, but be aware of the rules before saying thanks. Here's some guidance.
Stark Law, the AKS, and AMA Ethical Opinions on Drugs and Devices
While Stark Law and the Anti-Kickback Statute can be confusing, simply following AMA Ethics Opinion 8.06 should set you on the right course.
Stark Law and Pharmaceutical Company Kickbacks
What do Lance Armstrong and pharmaceutical scandals have in common? More than you would think.
Understanding Fair Market Value: A Guide for Physicians
Here are six steps to make sure your medical practice office lease is safe, especially when it comes to "fair market value."
Is Your Medical Practice Lease Safe?
Recent legal cases should cause physicians to take a fresh look at their medical practice lease and make needed changes immediately.
Stark Law: Huge Divide between Physicians, Feds
Here are two views on Stark Law - one from a lawyer representing practices and one from the OIG. Is it possible they are talking about the same thing?
Home Health Agency Referrals: A Guide for Physicians
Referrals to home health agencies are on the rise, as are allegations of kickbacks for said referrals. Here's how to work with HHAs within legal boundaries.
Point-of-care Dispensing: Profit, Penalties, and Your Practice
While the financial benefits of point-of-care dispensing may be appealing, the penalties of non-compliance must be avoided at all costs.
Physicians: Be Cautious When Taking on a Medical Director Role
Before accepting an offer to become a medical director, there are several legal angles physicians should explore first.