Congressional Democrats have been pushing curbs on physician-owned hospitals as a way to contain Medicare costs, but lobbyist efforts are carving out exemptions for some facilities, reports the N.Y. Times in a story not very favorable to physician-ownership and specialty…
Legal & Regulatory Issues
A New Orleans Hospital, Touro Infirmary, will pay $1.75 million to settle allegations that it submitted false Medicare claims, according to the Department of Justice (DOJ). The DOJ alleges Touro made unlawful payments of almost $150,000 annually, from 2000 to…
While there has been no new movement on the Supplemental Appropriations Bill, which contains language that would effectively ban future physician-owned hospitals and cap expansion of existing ones, this week, a House version is expected to pass soon, according to…
Three diagnostic imaging groups in Portland, Ore., failed to show that a health system, health plan and preferred provider organization in the state conspired to monopolize the diagnostic imaging market, a federal appeals court has ruled.
A Louisiana hospital did not have a duty to disclose an anesthesiologist's drug problem in a reference to a prospective hospital employer, and therefore cannot be held liable for patient injuries the impaired physician subsequently caused at the new hospital,…
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New requirements of initial self-disclosure of Medicare or Medicaid fraud have been issued by the Department of Health and Human Services Inspector General Daniel Levinson in an open letter. The fuller disclosure to the Office of Inspector General will be…
Heartland Spine & Specialty Hospital has reached a settlement with a group of insurers that were the defendant's in the Overland Park, Kan., physician-owned hospital's landmark antitrust suit (Heartland Surgical Specialty Hosp. LLC v. Midwest Division Inc., No. 05-2164). No…
Yale-New Haven (Conn.) Hospital became yet another hospital to agree to a multi-million dollar fine to settle allegations by CMS that it billed Medicare for inflated charges, the U.S. Attorney's Office, District of Connecticut announced on Friday. The case is…
Healthcare regulatory diligence can be critical where a real estate investment trust (REIT) or other buyer acquires a portfolio of properties such as a medical office building from a hospital or other provider. Leases between a hospital and tenants can…
The Center for Medicare and Medicaid Services ("CMS"), on September 5th, published a final rule implementing Phase III of Part II of the Stark Act (the "Stark III Regulations"). CMS, in addition to revising certain elements of the Stark Act,…