The U.S. Department of Justice recently announced that Silver Lake Hospital, a long-term care hospital in Newark, New Jersey, and some of its investors agreed to pay $30.6 million to settle claims that they violated the False Claims Act (FCA) and the Federal Debt Collection Procedures Act (FDCPA). The hospital allegedly overbilled Medicare by claiming
OIG Advisory Opinion Blesses Gift Card Plan
A recent Advisory Opinion (No. 23-15) from the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) concluded that a healthcare consulting company’s plan to offer gift cards to physician practices in exchange for referring potential new customers to the company does not violate the federal Anti-Kickback Statute (AKS).
The consulting company…
Top Ten Activities to Jump Start Your Compliance Program in the New Year
On Thursday, January 25, in the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, Rivkin Radler partner Bob Hussar will present “Top Ten Activities to Jump Start Your Compliance Program in the New Year.” The program will take place from 12:00 noon to 1:00 PM Eastern time via Zoom.
Participants will be…
Health Network Pays $345 Million for Compensating Physicians Above FMV
Community Health Network, Inc., based in Indianapolis, Indiana, has paid $345 million to settle alleged violations of the False Claims Act (FCA). The lawsuit was initiated through a whistleblower complaint that was filed in 2014 by the network’s former Chief Financial Officer. The suit alleged that, between 2008 and 2009, the network recruited hundreds of…
FinCEN Issues Update to Corporate Transparency Act
On November 29, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an update to the Corporate Transparency Act (CTA), extending the deadline for reporting companies to disclose beneficial ownership information. Once the CTA goes into effect on January 1, 2024, reporting companies created in 2024 will now have 90 days instead…
NY Bill to Reduce Temp Agency Staff in Nursing Homes on Governor’s Desk
A law that would incentivize reductions in the use of temporary staffing agencies in nursing homes awaits action by Governor Hochul, who must either sign or veto the law by December 23.
[UPDATE: Gov. Hochul signed this bill into law (S.6897/A.7328) on December 22. The Governor’s press release can be found here.]
The law…
Brooklyn Cardiologist Hit with Fraud Charges
On December 14, the U.S. Attorney’s Office for the Southern District of New York and other agencies announced the indictment of Niranjan Mittal, a Brooklyn cardiologist, on multiple fraud charges. Mittal allegedly fabricated patient records, paid physicians for patient referrals, and billed for medically unnecessary procedures. The U.S. Attorney’s Office also filed a civil fraud…
New HHS Rule for Nursing Home Ownership and Manager Disclosure
A new rule will require nursing homes enrolled in Medicare or Medicaid to make disclosures about certain facility ownership, management and other operational information. The U.S. Department of Health and Human Services (HHS) published the rule on November 17, with lawmakers emphasizing that greater transparency in the operation and ownership of nursing homes will improve…
2024 Medicare Physician Fee Schedule Extends Telehealth Flexibilities
The 2024 Medicare Physician Fee Schedule final rule, released by the Centers for Medicare & Medicaid Services (CMS) earlier this month, extended certain telehealth-related flexibilities that were implemented during the early days of the COVID-19 pandemic. CMS issued a Fact Sheet summarizing the telehealth updates, as well as other important Medicare policy changes.
Until 2020…
Important Changes to NY’s Health Care Proxy Law
As of November 2023, having a valid health care proxy became easier for New Yorkers. A health care proxy allows a competent adult to appoint an agent to make health care choices for them if they lose the ability to make those decisions for themselves. Two adults who are not appointed in the document must…
