August 12, 2024

Webinar: Navigating Regulatory Scrutiny in Private Equity Health Care Transactions

Join Hall Render attorneys Ritu Cooper, Brandon Helms, and Scott Taebel for an important webinar on the latest trends in healthcare compliance and government enforcement for 2024. The session will address recent enforcement initiatives, self-disclosures, and settlements, offering valuable insights into their implications for healthcare organizations. Attendees will receive practical guidance on navigating contracting and compliance challenges amidst evolving regulations. This webinar is essential for healthcare compliance officers, legal professionals, administrators, and those involved in regulatory affairs.

Link: https://bit.ly/3AmUuSW

PE Firms Should Prepare for More DOJ Scrutiny

A recent article written by attorneys Anna L’Hommedieu, Chris Nasson, Sky Summers, and Hayley Trahan-Liptak of the law firm K&L Gates discusses the increasing scrutiny private equity firms can expect from the SEC. The authors highlight the need for firms to enhance their compliance programs and prepare for more rigorous examinations. They emphasize the importance of transparency and proactive measures to mitigate potential regulatory risks. As the SEC intensifies its focus, private equity firms must stay ahead by adopting robust compliance strategies.

The full article can be found here: https://bit.ly/3YKUlmr

CPOM Wake-up Call

In her article, healthcare compliance attorney Rachel Carey, Esq. from Whiteford, Taylor & Preston LLP, discusses the implications of the recent AAEM-PG and Envision settlement for healthcare investors and practitioners. The case highlights the risks associated with the "friendly physician" model, commonly used in healthcare transactions involving private equity. Although the settlement avoids further legal scrutiny for now, Carey emphasizes the need for healthcare entities to reexamine their compliance with corporate practice of medicine (CPOM) laws, fee-splitting statutes, and related regulations. The article serves as a cautionary reminder to carefully structure management services agreements to avoid potential legal pitfalls.

Link: https://bit.ly/3X18RFy

Precision Lens Pay $12M to Resolve Kickback Claims

Last year, a federal civil jury found that Precision Lens violated both the FCA and AKS by paying kickbacks to ophthalmic surgeons to induce them to utilize the company’s products in cataract surgeries reimbursed by Medicare.? Recently, Precision Lens and the estate of its former principal agreed to pay $12 million to resolve allegations regarding violations of the False Claims Act (FCA) and Anti-Kickback Statute (AKS).

Link: https://bit.ly/4dAYNs6

DOJ Intervenes in a Stark Law Claim Against Erlanger Health System

According to a recent article from the ArentFox Schiff health law group, the government alleges that Erlanger had employment relationships with physicians that did not meet any Stark Law exception and yet received referrals from those physicians and submitted claims to Medicare knowing that these claims were not eligible for payment.

Link: https://bit.ly/3AuE1vU