Articles and Blogs

False Claims Act Update, November 2011

[12/05/11]

Posted on December 5, 2011 in False Claims Act Defense

Written by: David B. Honig

Can an incompetent, and ultimately dismissed, False Claims Act Complaint bar a future complaint under the FCA’s “first to file rule?” The Court of Appeals in Washington D.C. answered the question for the first time on November 4, 2011. Can a settlement agreement between an employer and an employee force dismissal of the employee’s whistleblower…Read More

HHS Announces HIPAA Audit Program

[12/02/11]

Posted on December 2, 2011 in Health Law News

Published by: Hall Render

The recent trend toward increased HIPAA enforcement is continuing with the recent announcement by the United States Department of Health and Human Services (“HHS”) that it would begin performing periodic audits to ensure covered entities and business associates are complying with the HIPAA Privacy and Security Rules and Breach Notification standards.  Section 13411 of the…Read More

CMS Announces Timeline for Round 2 of Competitive Bidding

[12/01/11]

Posted on December 1, 2011 in Long-Term Care, Home Health & Hospice

Written by: Kendra Conover

The Centers for Medicare & Medicaid Services (“CMS”) announced yesterday the timeline for Round 2 competitive bidding for Durable Medical Equipment, Prosthetics, Orthotics and Suppliers (“DMEPOS”), with registration set to begin on December 5, 2011. According to the release from CMS, the 60-day bid window for Round 2 and the National Mail-Order Competition for Diabetic Supplies…Read More

HHS Delays Stage 2 for Meaningful Use

[11/30/11]

Posted on November 30, 2011 in Health Information Technology

Written by: Jeffrey W. Short

Secretary of Health and Human Services, Kathleen Sebelius, announced on November 30, 2011 that Eligible Providers and Eligible Hospitals (“Recipients”) meeting the Stage 1 meaningful use criteria for the Medicare/Medicaid Electronic Health Records Incentive (“EHR Incentives”) established under the HITECH Act will not be required to meet the Stage 2 criteria until 2014.   The meaningful use final…Read More

IRS Releases Private Letter Ruling Addressing Management Contract with Incentive Payments Related to Net Operating Results

[11/30/11]

Posted on November 30, 2011 in Health Law News

Published by: Hall Render

On November 10, 2011, the IRS published private letter ruling 2011-45005.  This private letter ruling came to two significant conclusions: The IRS found that an incentive payment of a fixed dollar amount, payable upon achieving, among other things, a net operating surplus/deficit level, did not give rise to private business use.  (To our knowledge, this…Read More

CMS Holds Open Door Forum for Part A to Part B Rebilling Demonstration Project

[11/30/11]

Posted on November 30, 2011 in Health Law News

Published by: Hall Render

Today, November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) held a Special Open Door Forum to announce the Part A to Part B Rebilling Demonstration Project (“Rebilling Demonstration”).  As described in greater detail below, in exchange for waiving certain appeal rights, Medicare hospitals that participate in the Rebilling Demonstration will be allowed…Read More

Don’t Get Left Out in the Cold: See if Round 2 Competitive Bidding Affects You

[11/29/11]

Posted on November 29, 2011 in Health Law News

Published by: Hall Render

Many Durable Medical Equipment, Prosthetics, Orthotics and Supplies (“DMEPOS”) suppliers are ramping up for Round 2 Competitive Bidding but not all are aware of the implications of this program or if they need to participate in this program.  This alert is intended to answer some frequently asked questions about Round 2 Competitive Bidding. How did…Read More

IRS Explains Tax Treatment of Employer-Provided Cell Phones

[11/29/11]

Posted on November 29, 2011 in Health Law News

Published by: Hall Render

On September 14, 2011, the Internal Revenue Service (“IRS”) released new, taxpayer friendly guidance concerning the tax treatment of employer-provided cell phones.  This guidance allows employers to provide cell phones to their employees, either directly or through reimbursement of employees’ cell phone expenses, on a tax-free basis without burdensome recordkeeping requirements so long as certain…Read More

Independent Contractor or Employee? IRS Offers New Classification Settlement Program While Federal and State Agencies Sign Information Sharing Agreements

[11/28/11]

Posted on November 28, 2011 in Health Law News

Published by: Hall Render

September was a noteworthy month for developments pertaining to worker classification issues.  Most notably, the IRS announced a new program that provides partial relief from federal employment taxes for eligible employers that agree to prospectively treat one or more classes of workers as employees.  This new program, known as the Voluntary Classification Settlement Program, or…Read More

CMS Issues Final Rule Revising ASC Patient Rights Conditions for Coverage

[11/23/11]

Posted on November 23, 2011 in Health Law News

Published by: Hall Render

Executive Summary On October 24, 2011, the Centers for Medicare and Medicaid Services (“CMS”) released a final rule (“Final Rule”) revising the Patient Rights Conditions for Coverage (“CfCs”) for ambulatory surgical centers (“ASCs”).  Effective on December 23, 2011, ASCs will be permitted to provide the patient, the patient’s representative or the patient’s surrogate, patient rights…Read More