The United States recently agreed to a $260 million settlement of criminal charges and related civil claims under the False Claims Act arising from a scheme to defraud conducted by Naples, Florida-based hospital chain Health Management Associates, LLC (HMA). The Department of Justice (DOJ) announced the settlement on September 25.

The settlement is evidence of

In a recent advisory opinion, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) concluded that a proposed donation of telehealth equipment to a referral source presented a low risk of fraud and abuse under the federal Anti-Kickback Statute. The conclusion was premised on several factors, one of which included OIG’s

Robert Iseman authored a USLAW article, “A Long Way From ‘Guns That Don’t Shoot’ – 18 Proactive, Self-Defense Tactics Against the Ever-Expanding Application of the False Claims Act,” in the Fall/Winter issue of USLAW Magazine.

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Steven Shapiro wrote an article published in the September 2018 issue of Vitamin Retailer entitled, “What is the story with CBD dietary supplements? Are they legal for sale in my store?”

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The utilization of telehealth services has increased significantly over the last decade. The advent of new technologies and the development of far reaching and readily available wireless and cellular networks have made instantaneous communication with medical professionals possible. Considering the demand for healthcare in remote locations, the growth of the geriatric population, and the need

The utilization of telehealth has flourished over the last decade as innovative technologies and new Medicare regulations have fueled telehealth’s growth. Between 2001 and 2015, Medicare telehealth spending increased by nearly 300% as a result of this boom. However, as the utilization of telehealth services has surged, so have the compliance issues associated with these

A recent report issued by the U.S. Department of Health and Human Services, Office of Inspector General (OIG), estimates that 61% of claims submitted to Medicare for outpatient physical therapy (PT) services failed to comply with Medicare requirements. The OIG report serves as a reminder to PT providers about the importance of accurate billing and

Brian Bank, Scott Green, and Catalina De La Hoz co-authored an article entitled, “Recent Developments in Employment Law and Litigation” for the Tort Trial & Insurance Practice Law Journal.

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Geoffrey R. Kaiser’s article, “Government Dismissal under the False Claims Act: Policy Change or Much Ado About Nothing?” was published in Westlaw Journal White Collar Crime in the March 2018 issue.

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The federal Anti-Kickback Statute contains a statutory exception or “safe harbor” providing that the AKS will not apply to “any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.” 42 U.S.C. 1320a-7b(b)(3)(B) (emphasis added). Similarly, the parallel regulatory exception states