As Congress plays beat the clock, most people already have 2011
in the rear-view mirror and are looking to 2012, trying to discern
what the Congress will do – or not – with
respect to health care. With the November 6th
election as the finish line, there are 311 calendar days and many
fewer "legislative" days for Congress to meet and do any
work. Factoring in scheduled recesses and adding in Mondays
and Fridays, which Congress typically uses for "district work
periods," there are an estimated 109 actual days that
Representatives and Senators will be in D.C. So, how will
they use this precious time? Here's Drinker Biddle's
outlook (caveat: the D.C....
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This third, and final, installment in the "Year in Review" series examines how criminal health care fraud enforcement has changed in the past year, including the use of non-health-care-related statutes, the focus on specific industries, and the increased number of alleged violators targeted in takedowns.
On May 4, 2012, the Centers for Medicare and Medicaid Services ("CMS") announced that it will not require applicable manufacturers and group purchasing organizations ("GPOs") to begin collecting data on relevant payments under the Physician Payment Sunshine Act until January 1, 2013.
An investigation by the HHS Office for Civil Rights was triggered by a report that the PC was posting clinical and surgical appointments for its patients on an internet-based calendar that was publicly accessible.
The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) has just sent another strong signal to healthcare providers and plans that it intends to enforce the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules aggressively, and that it does not intend to give a pass to small healthcare providers or practices.
Last month the U.S. Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion No. 12-02, which favorably analyzed an arrangement whereby healthcare providers offer discount coupons for their medical services and products to patients by posting them on a website.
On December 19, 2011, the U.S. Centers for Medicare & Medicaid Services (CMS) published a proposed rule to implement the Physician Payments Sunshine Act, which was included as part of the Patient Protection and Affordable Care Act of 2010.
In this first installment of Mintz Levin’s Health Care Fraud Enforcement Defense Group’s periodic updates on health care enforcement activities in 2012, Brian Dunphy, Hope Foster, Samantha Kingsbury, Tracy Miner, and Stephanie Willis focus on significant civil settlements, criminal prosecutions, and regulatory developments that occurred in the first quarter of 2012.
This week, the Seventh Circuit issued a decision in Schaffer-Larose v. Eli Lily & Company, in which it held that pharmaceutical reps are exempt under the FLSA's administrative exemption.