In United States ex rel. Feldman v. van Gorp , decided last week, the Second Circuit ruled on an issue of first impression concerning False Claims Act (“FCA”) damages in the context of a federal grant for medical research funding, and also addressed the FCA’s materiality standard.
In Feldman, Cornell University and a psychiatry
In order for an accountable care organization to succeed, there must be a workable method for collaboration among the providers. How do providers of care effectively communicate amongst one other? What is the optimum means of memorializing a patient’s medical history and present health status so that all providers of care are basing their decisions
The Centers for Medicare & Medicaid Services (“CMS”) will be penalizing more than 2,000 hospitals nationwide starting in October 2012 under the Hospital Readmission Reduction Program (the “Program”). A number of New York hospitals were included on the list of hospitals to which CMS will apply the readmission penalty to reimbursements, including Beth Israel Medical
In its August 2012 issue, the American Bankruptcy Institute Journal published Medicare Issues in Bankruptcies by Ted Berkowitz and Veronique Urban of Farrell Fritz.
The takeaways:
-Health care entities contemplating a bankruptcy filing should carefully consider the effects that the filing will have on their Medicare arrangements;
-Health care debtors should be aware that any
Tragic news events on Long Island have made the public increasingly aware of the threat posed by prescription drug trafficking and abuse. In June 2011, four people were killed by a man robbing a Medford pharmacy for prescription painkillers. On New Year’s Eve, an ATF agent was killed trying to stop a robbery at a
The US Department of Health and Human Services Office of Civil Rights (“OCR”) recently released its HIPAA audit protocol. Audits of HIPAA compliance were mandated by the 2009 Health Information Technology for Economic and Clinical Health (“HITECH”) Act, which amended many parts of HIPAA and included breach notification requirements.
The OCR conducted a number of
The recent increase of prescription drug abuse led both chambers of the New York State Legislature to pass the Internet System for Tracking Over-Prescribing (I-STOP) Act on June 11, 2012. The legislation seeks to tighten control over certain controlled substances in an effort to decrease criminal diversion and abuse of such prescription drugs which can
Now that the Affordable Care Act has been upheld by the U.S. Supreme Court, the requirement to control costs is critical. One thing we can learn from the experience of near universal coverage in Massachusetts is that providing access to more citizens without containing costs is a recipe for disaster. In 2006 Massachusetts achieved coverage
The United States Supreme Court has upheld the 2010 Patient Protection and Affordable Care Act’s individual mandate not because it is as an exercise of Congressional power under the Commerce Clause, but because the mandate is within Congress’s power to lay and collect taxes.
On Medicaid expansion, the Court ruled that the Act violates the
Physicians with a controlling interest in a New York professional corporation should be mindful of a minority shareholder’s common law right to judicial dissolution. In a recent posting on our New York Business Divorce Blog, Peter A. Mahler describes a recent ruling by Westchester County Commercial Division Justice Alan D. Scheinkman in the case