Articles and Blogs

Anti-Kickback Statute

Federal Court Reinforces Government’s Right to Dismiss FCA Actions over Whistleblower Objection

[10/03/19]

Posted on October 3, 2019 in Health Law News

Published by: Hall Render

The Eastern District of Texas affirmed the Government’s right to dismiss FCA actions over a whistleblower’s objections. The Court held that the Government may dismiss claims to avoid the costs of extended litigation. The United States Declined to Intervene Health Choice Alliance, LLC filed an FCA action alleging that the defendants defrauded the United... READ MORE

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Webinar Preview: Analyzing 2018 Anti-Kickback Compliance Settlements Involving Real Estate Arrangements

[09/18/19]

Posted on September 18, 2019 in Health Law News

Published by: Hall Render

The Office of the Inspector General (“OIG”) and Department of Justice (“DOJ”) often release information about compliance settlements under the Anti-Kickback Statute (“AKS”), including both the settlement value and the subject arrangement. The most recent data from 2018 shows several of these settlements arose from real estate arrangements and some involved millions of dollars... READ MORE

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Need a Lyft to See Your Doctor? Arizona Medicaid Will Now Cover Ridesharing Service

[08/06/19]

Posted on August 6, 2019 in Health Law News

Published by: Hall Render

Recently, Lyft announced that its ridesharing service is now considered a covered benefit under the Arizona Medicaid program. This announcement follows implementation of new Arizona Medicaid regulations allowing ‘”rideshare”‘ companies to enroll as non-emergency medical transportation providers. Under the policy, participating Medicaid patients can request to schedule non-emergency medical transportation to ensure access to... READ MORE

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Digital Medicine: OIG Approves Arrangement to Provide Smartphones to Patients

[02/15/19]

Posted on February 15, 2019 in Health Law News

Published by: Hall Render

On January 29, 2019, the Department of Health and Human Services Office of Inspector General (“OIG”) published Advisory Opinion 19-02, which approved an arrangement allowing a pharmaceutical manufacturer to loan smartphones to financially needy patients in order to assist with medication adherence. OIG stated that it would not impose sanctions against the parties for... READ MORE

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Affordable Health Care: Patients’ Co-Pays Waived by Charitable Pediatric Clinic

[02/12/19]

Posted on February 12, 2019 in Health Law News

Published by: Hall Render

Recently, the Department of Health and Human Services Office of Inspector General (“OIG”) issued a favorable advisory opinion, Advisory Opinion 19-01, concerning a charitable pediatric clinic (the “Clinic”)’s arrangement under which the Clinic waives cost-sharing amounts for a small percentage of TRICARE and Medicare beneficiaries not covered by a state insurance program (the “Arrangement”). After... READ MORE

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Discount Disruption: PBM Rebate Protection May Be Removed, New Safe Harbors Combat Increasing Drug Costs

[02/01/19]

Posted on February 1, 2019 in Health Law News

Published by: Hall Render

On January 31, 2019, the Department of Health and Human Services Office of Inspector General (“OIG”) issued a proposed rule that, if finalized, would eliminate Anti-Kickback Statute (“AKS”) safe harbor protection for prescription drug rebates paid by manufacturers to pharmacy benefit managers (“PBMs”), Medicare Part D plans and Medicaid managed care organizations (“Proposed Rule”).... READ MORE

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New All-Payor Kickback Statute Affects Arrangements Related to Clinical Laboratories, Recovery Homes and Clinical Treatment Facilities

[12/03/18]

Posted on December 3, 2018 in Health Law News

Published by: Hall Render

On October 24, 2018, Congress enacted a new law titled the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”) as part of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act of 2018 (“SUPPORT Act”). The SUPPORT Act is a comprehensive law that seeks to combat the opioid... READ MORE

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Whistleblower’s Dismissal with Prejudice Not the End of the Road for Qui Tam Action

[10/30/18]

Posted on October 30, 2018 in False Claims Act Defense

Published by: Hall Render

The Fifth Circuit ruled that a whistleblower’s voluntary dismissal with prejudice cannot affect the Government’s ability to pursue related litigation. When the Government has not yet intervened, and thus is not a yet a party, a case cannot be dismissed with prejudice as to the Government by a whistleblower. Background In Vaughn, ex rel.... READ MORE

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OIG Approves Risk-Sharing Arrangement Furthering Shift Toward Value-Based Purchasing

[09/19/18]

Posted on September 19, 2018 in Health Law News

Published by: Hall Render

In the era of value-based care, health care providers and manufacturers are increasingly examining risk sharing opportunities in the treatment of patients. On September 17, the Department of Health and Human Services Office of Inspector General (“OIG”) published Advisory Opinion 18-10 whereby it approved a proposed risk sharing initiative with defined guardrails. Advisory Opinion... READ MORE

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OIG Requests Information from Stakeholders to Expand Anti-Kickback Statute and Civil Monetary Penalty Safe Harbors

[09/14/18]

Posted on September 14, 2018 in Health Law News

Published by: Hall Render

On August 27, 2018, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) published a Request for Information (“RFI”) regarding the Anti-Kickback Statute (“AKS”) and Civil Monetary Penalties Law (“CMP”). The RFI, published as a result of HHS’s desire to transition the current health care system to one that pays... READ MORE

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