CDR February 12, 2024

CDR February 12, 2024

CMS Expands Disclosure Requirements for SNFs

Beginning January 16, 2024, CMS requires SNFs participating in Medicare/Medicaid programs to disclose their ownership, management structure, and other information. Morgan, Lewis & Bockius LLP attorneys Janice Davis and Chris Ronne wrote a brief article that provides more details and practical guidance. https://bit.ly/48hwjjY

Pharmacy Owners Plead Guilty to Kickback Scheme

The pharmacy employees paid bribes to doctors and doctors’ employees to induce the doctors and their staff to steer prescriptions to their pharmacies. The bribes included cash, checks, wire transfer payments, expensive meals, and other things of value. Another method of bribery involved paying an employee to work inside a doctor’s office.?https://bit.ly/49c2L8W

Pitfall in Healthcare Transactions

According to the attorneys at the Florida Healthcare Law Firm , here are the four most significant areas for potential pitfalls in selling a medical practice. Jeff Cohen

  1. Loans and Liens
  2. Legal Issues
  3. Corporate matters
  4. Lending

Full article:?https://bit.ly/49oPObG ??

OIG Opinion Gives Nod For Med Device Cost Sharing

In January 2024, Advisory Opinion No. 23-11 [https://oig.hhs.gov/compliance/advisory-opinions/23-11/ ] gave the “ok” to an arrangement where a medical device manufacturer was making payments for cost-sharing subsidies. The OIG said that it would not impose sanctions under the Federal Anti-Kickback Statute (the “AKS”) or the Beneficiary Inducements Civil Monetary Penalty (the “CMP”) against the med device manufacturer for paying cost-sharing subsidies to clinical trial participants to cover the participants’ share of costs for reimbursable, study-related items and services that the participants would otherwise be required to pay out of pocket. Sheppard Mullin Richter & Hampton LLP life sciences attorneys Dominick DiSabatino and Audrey Mercer believe this opinion illustrates that OIG appears willing to permit similar arrangements that do not fall squarely within an AKS safe harbor.?https://bit.ly/3SDXqQB

State Legislation Restricting the Use of AI in Healthcare Delivery

Last year, several states presented and passed bills regulating the use of AI in healthcare. Most recently, Georgia introduced two pieces of legislation focused on using AI in healthcare. McDermott Will & Emery healthcare attorneys Reuben Bank, Purnima Boominathan , Jayda Greco , and Dale Van Demark prepared an informative brief on this topic.?

https://bit.ly/3HXyWgo

Need Advice on Partnership Agreements for a Dental Practice?

William Barrett of the law firm Mandelbaum Barrett PC is the firm’s National Dental Law Group co-chair. Mr. Barrett recently wrote this brief:??https://bit.ly/3OGBAL9

DME Kickback Scheme

A Florida man pleads guilty to his role in a multimillion-dollar kickback scheme. The defendant and his conspirators owned and operated marketing call centers and telemedicine companies through which they obtained doctors’ orders for DME for Medicare beneficiaries without regard to medical necessity. Memon and his conspirators provided doctors’ orders in exchange for bribes from DME companies that provided the braces to Medicare beneficiaries.?https://bit.ly/3SUQHTL

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