CDR for October 23rd
Chris W. David, CPA/ABV, ASA
HealthValue Group Managing Partner | Healthcare FMV Expert | Speaker | Member AHLA
OIG Affirms Employed Physicians Can Receive Bonuses?
In?OIG Advisory Opinion 23-07, HHS considered a proposed bonus #compensation methodology for physician employees of a multi-specialty #physician practice that operates two ASCs. Under the proposed #bonus methodology, employed physicians who performed procedures at the ASCs would receive thirty percent of the practice’s net profits from the #ASC facility fee collections for those procedures.?The OIG said the statutory exception and #regulatory safe harbor for employees under the AKS would protect this form of compensation. Sheppard Mullin Richter & Hampton LLP healthcare attorney Erica Kraus wrote an informative analysis of this OIG opinion here:?https://bit.ly/45xeMmE
Theranos Copy-Cat? Really?
According to court documents, Mark Schena, president of Arrayit Corporation, engaged in a scheme to #defraud Arrayit’s #investors by claiming that he had invented a revolutionary #technology to #test for virtually any disease using a single drop of blood from a fingerstick sample. Schena also falsely represented to investors that Arrayit could be valued at $4.5 billion.?https://bit.ly/3ZZj5pL
Healthcare Transaction Multiples on the Rise
Deal volume in the first half of 2023 was down from 2022, but #valuation multiples are trending upward, reaching 2021 values.?https://bit.ly/3S2rTco
Telehealth Prescriptions Under the Microscope
According to Bass, Berry & Sims healthcare attorneys Latazia Carter , Hannah Choate, and Brian Irving , the recent unsealing of the #quitam FCA case against Cerebral signifies the continued scrutiny #telehealth companies face from the government and private #whistleblowers related to telehealth #prescriptions. https://bit.ly/3Fn9wav
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CMS Updates SRDP Settlements
According to Katten Muchin Rosenman LLP healthcare attorney Daniel Walbright , CMS settled 104 SRDP submissions in 2022, nearly quadrupling the number of settlements in the prior year and setting a record for the most SRDP submissions in a year.?https://bit.ly/45xHiog
Are Pharm Co’s Donations to Co-Pay Charities Kickbacks?
In the United States v. Regeneron Pharmaceutical case, Judge Saylor held that “improperly structured donations to copay-assistance charities may violate the AKS if they are made with the intent to induce Medicare-funded referrals or drug purchases.”. WilmerHale #healthcare attorneys Ben Conery , Melissa Morel , and George P. Varghese analyze the judge’s ruling in this article.?https://bit.ly/45NctvQ
Are your Business Associate Agreements Tight?
If you need some practical advice and guidance, look at this article from #healthcare attorney Kim Stanger . Mr. Stanger is the top healthcare #transaction and #regulatory attorney at the Holland & Hart LLP law firm.?https://bit.ly/45G9s0s
Radiofrequency Ablations Performed by Unqualified Technician
Fla-based Jena Medical Group agreed to pay $1.7M to resolve allegations that they violated the False Claims Act by submitting claims to Medicare and TRICARE for #radiofrequency ablations that were unnecessary and performed by an unqualified #technician.?https://bit.ly/3Q68If7
Make it a great week.