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advisory opinion

OIG Issues Guidance on Real Estate Purchase from Entity Owned in Part by Excluded Individual


Posted on October 11, 2019 in Health Law News

Published by: Hall Render

On September 6, 2019, OIG issued Advisory Opinion No. 19-05 (“the Opinion”) regarding the proposed purchase of real estate from an entity owned and managed, in part, by an excluded individual. The facts that gave rise to the Opinion involved a community health center receiving federal grant funding and Medicare reimbursement which was looking... READ MORE

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Stakeholders Asked and CMS Listened – Agency Proposes to Modify Stark Law Advisory Opinion Process


Posted on August 13, 2019 in Health Law News

Published by: Hall Render

In the recently issued Physician Fee Schedule Proposed Rule for Calendar Year 2020, the Centers for Medicare & Medicaid Services (“CMS”) proposed several revisions to its Stark Law advisory opinion process. These proposed revisions follow CMS’s receipt of several stakeholder comments in response to its Request for Information Regarding the Physician Self-Referral Law published... READ MORE

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February FCA Update


Posted on March 13, 2012 in False Claims Act Defense

Written by: David B. Honig

February was an interesting month, with one case showing how OIG advisory opinions can be taken too far, another considering fraud under a corporate integrity agreement, and a court applying burden-shifting for the first time at the appellate level in FCA retaliation cases. Cases reviewed from February are: US ex rel. Boggs v. Bright Smile... READ MORE

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