The U.S. Attorney’s Office for the Southern District of New York announced on September 18 that cardiologist Klaus Peter Rentrop and his practice, Gramercy Cardiac Diagnostic Services, P.C., agreed to pay $6.5 million to settle allegations that they violated the federal Anti-Kickback Statute and Stark Law. Rentrop admitted to paying physicians millions of dollars in
FTC Issues Guidance on HIPAA, FTC Act, and Health Breaches
The Federal Trade Commission (FTC) recently issued guidance entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.” The guidance points out that while businesses that collect, use, or share consumer health information are (or should be) accustomed to complying with HIPAA and its Privacy…
Telehealth Awareness Week
The American Telemedicine Association (ATA) has announced that its third annual Telehealth Awareness Week will take place September 17-23, 2023. The official website for the event states:
“During the week, the ATA invites telehealth solution providers, hospital systems and medical practices, patient advocacy leaders, policymakers, and other stakeholders to highlight the need to establish…
You can ‘fire’ patients for just cause, but hew to a clear policy
An August 24 article in Part B News, “You can ‘fire’ patients for just cause, but hew to a clear policy,” explained how healthcare providers can legally and ethically refuse service to a patient. Rivkin Radler partner Frank Izzo was quoted in the article.
Although healthcare facilities usually get into legal hot…
NYS DOH Provides Overview of Material Transaction Reporting
The New York State Department of Health has published a webpage regarding Public Health Law (PHL) Article 45-A. In our prior post, we discussed how PHL Article 45-A requires health care entities involved in material transaction(s) to provide written notice and information to DOH at least 30 days prior to the closing of a…
Kaiser and Janocinska Author ABA Book on the Federal AKS and Safe Harbors
The American Bar Association has published the second edition of “The Federal Anti-Kickback Statute and Safe Harbors: A History and Practice Guide.” Written by Geoffrey R. Kaiser and Ada Janocinska, the book is a comprehensive reference for one of the nation’s most commonly cited, investigated and enforced health care fraud and abuse laws.
The book…
Due Diligence: A Critical Component of any Transaction
In our previous article, we detailed the role and importance of the letter of intent (LOI) in establishing a framework for selling a dental practice. Now we will discuss the next step in the transaction – performing due diligence.
Due diligence is the process through which each party evaluates the other party(ies) to determine…
Telehealth After the Pandemic: Recent Federal and State Developments
On Thursday, September 14, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler partner Eric D. Fader will present an update on the regulatory landscape for the provision of telehealth services, including recent changes to federal and state laws and rules. The program will take place from 12:00 noon…
OIG Advisory Opinion Warns on IONM Company “Surgeon Deals”
On August 18, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published an Advisory Opinion warning that a common arrangement under which surgeons profit from referrals of their patients for intraoperative neuromonitoring (IONM) services can violate the federal Anti-Kickback Statute (AKS). The Advisory Opinion, the first significant public commentary on…
NJ DME Company Owner Pleads Guilty to Kickback Scheme
The U.S. Attorney’s Office for New Jersey recently announced that Alexander Schleider of Lakewood pleaded guilty to wire fraud and conspiracy to commit healthcare fraud in a durable medical equipment (DME) kickback scheme.
Schleider owned and operated several DME companies that provided orthotic braces to beneficiaries of Medicare and other healthcare benefit programs regardless of…
Kaiser to Present on Drug and Device Enforcement Trends for PLI
On September 14, Rivkin Radler’s Jeff Kaiser will participate on a panel at Practising Law Institute’s Life Sciences 2023: Navigating Legal Challenges in Drug and Device Industries program in New York City.
Held at PLI’s New York Conference Center at 1177 Sixth Avenue, the program will cover the explosive growth of digital health and the…