Archive
Anti-Kickback Statute
HHS-OIG Says Anatomic Pathology Lab’s Purchased Service Arrangement Could Violate Anti-Kickback Statute
From Barnes & Thornburg, LLP, by Jason D. Schultz, Anne B. Compton-Brown, Mary Elizabeth “Lizzie” Ford: U.S. Department of Health and Human Services issued an unfavorable…
New Stark Law Exception and Anti-Kickback Statute Safe Harbor Aim to Combat Physician Burnout
From Stevens & Lee: The Stark Law exception requires that health care entities make their physician wellness program available to all physicians who practice in the…
What Stark law, anti-kickback changes mean for value-based care at ASCs
The changes to the Anti-Kickback Statute make it easier to enter into value-based care arrangements, especially if providers take full risk. The exceptions create flexibility in…
Federal Regulatory Compliance Issues Can Arise in State Court Matters
An interesting read regarding the use of federal regulatory compliance issues (e.g impermissible healthcare kickbacks) to support a state court tort claim. The plaintiffs sued the…
Cutting Out the “Middleman”? HHS Resurrects Anti-Rebate Rule for Medicare Part D
[T]he Final Rule will modify the federal health care program’s Anti-Kickback Statute (“AKS”) safe harbors in three key ways: First, it will remove safe harbor protection…
OIG Finalizes Rebate Rules: Removal of Safe Harbor Protections for Rebates and Creation of New Safe Harbors for Other Discounts and Service Fees
As the title implies, this final rule clarifies and amends the discount safe harbor at 42 C.F.R. § 1001.925(h) under the federal Anti-kickback statute (AKS) such…
HHS Finalizes Highly Anticipated Final Rules Amending AKS and Stark Law Regulations, Part III: Value-Based Arrangements
A value-based arrangement is an arrangement entered into between a value-based enterprise (VBE) and one or more of its participants, or among VBE participants in the…
New Stark and Anti-Kickback Statute Comparisons
A great resource of the a redline versions of the regulations that highlight the changes for the new revisions to Stark and the Anti-Kickback Statute. The…
OIG Issues Final Rules on Anti-Kickback Statute and the Civil Monetary Penalty
In its final rule, the OIG defined what constitutes “telehealth technologies” more broadly than in its proposed rule, but otherwise chose to track the conditions for…
Fifth Individual Charged in Health Care Kickback Conspiracy
The defendants are alleged to have conspired to pay and receive kickbacks in exchange for physicians’ orders that were used to submit claims for payment to…