Recent Publications - Health Services
May 21, 2026 | |
The U.S. Department of Justice (DOJ) recently announced a new initiative to enhance its working relationship with data miners who bring cases as whistleblowers under the False Claims Act (FCA).[1] The initiative is dubbed “FOCUS,” an acronym for Fraud Oversight through Careful Use of Statistics.
There has been a sharp increase in qui tam complaints
Read MoreMay 19, 2026 |
People often ask, When will AI replace attorneys? My response is that AI is a powerful tool creating efficiencies in how we practice law. If used properly and ethically, it can complete many tasks that were traditionally performed by human attorneys in less time, but it is not a replacement for human attorneys, at least
Read MoreApril 23, 2026 | |
On April 21, 2026, in a “Hearing on Protecting Patients and Taxpayers: Cracking down on Medicare Fraud,” the House Ways & Means Committee received testimony on hospice and home health fraud from Sheila Clark, President and Chief Executive Officer of the California Hospice and Palliative Care Association,[1] and Chris Deery, the Director of Corporate Fraud
Read MoreFebruary 17, 2026 | |
Noncompete agreements remain in the Federal Trade Commission’s crosshairs. Although the FTC abandoned its pursuit of a nationwide ban, targeted enforcement is here, and the healthcare industry specifically has been placed on notice.
The Background
On September 5, 2025, the FTC announced it was walking away from its proposed national ban on noncompetes. However, in
Read MoreFebruary 13, 2026 | |
Last month, Dr. Mehmet Oz, Administrator of the Centers for Medicare & Medicaid Services (“CMS”), accompanied by other CMS officials, visited with home health and hospice providers and related industry associations to discuss ways to strengthen program integrity enforcement. CMS was reacting to calls from industry stakeholders and members of Congress to get a handle
Read MoreJanuary 15, 2026 |
This week, Governor Hochul announced a proposal significantly expanding state scrutiny over corporate health care transactions. This proposal reiterates previously expressed concerns that both private equity and health system acquisitions of medical and dental practices lead to reduced access to care, declining quality and higher prices.
While stopping short of requiring actual Health Department approval
Read MoreJanuary 14, 2026 | |
In an unfavorable Advisory Opinion issued last week[1], the Office of Inspector General, U.S. Department of Health and Human Services (“OIG”) found that a home care agency’s plan to market sign-on bonuses to prospective employees with the intention of employing those individuals to provide services to family members could result in sanctions for violating the
Read MoreDecember 15, 2025 | |
The 21st Century Cures Act (“Cures Act”) required states to adopt electronic visit verification (EVV) systems for Medicaid-covered personal care services (“PCS”) by January 1, 2020 and for home health care services (“HHCS”) by January 1, 2023. According to the Centers for Medicare and Medicaid Services (“CMS”), the EVV requirement was imposed “in response to
Read MoreNovember 18, 2025 | |
The 2025 National Health Care Fraud Takedown, announced in June, was the largest in history, with 325 defendants charged (including 96 providers) in 50 federal districts. In all, the charged schemes involved more than $14 billion in intended loss, and more than $245 million in cash, luxury vehicles, cryptocurrency and other assets were seized. These
Read MoreOctober 9, 2025 | |
OMIG publishes audit protocols to “assist the Medicaid provider community in developing programs to evaluate compliance with Medicaid requirements under federal and state statutory and regulatory law.”[1] Such protocols are “applied to a specific provider type or category of service in the course of an audit and involve OMIG’s application of articulated Medicaid agency policy
Read More- AI
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