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Customer Data & Privacy: What’s the Big Deal?

It seems like every week a company makes the news regarding theft of credit card data from millions of customers, concerns about the collection of call data by the National Security Agency and countless other stories about privacy.  You understand how this impacts you as a customer, but do you know how you are impacted as […]

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$39 Million Settlement Resulting from Kickback Allegations Resulting from Physician Speaker Fees

The U.S. Department of Justice recently announced that Daiichi Sankyo Inc.,a global pharmaceutical company based in New Jersey, agreed to pay the U.S.and State Medicaid programs $39 million in a settlement agreement regardingallegations that it violated the False Claims Act by paying physicians to prescribeits drugs. Those payments constituted illegal kickbacks, according to the DOJ. […]

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Patient Protection Regulations for 501(c)(3) Tax-Exempt Hospitals

Over the last several years charitable hospitals have been keeping an eye on the requirements of Code Section 501(r), which was added by the Patient Protection and Affordable Care Act.  In 2012 and 2013, the Internal Revenue Service issued proposed regulations to further define the scope of Section 501(r).  Section 501(r) contains operational restrictions and […]

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Implementing Important Dealer Protections Without Creating a Negative Customer Experience

Lawyers are always full of advice about how you should do this or that to protect you and your business.  Inevitably, that advice seems to require 5 pages of small print in a contract.  While your lawyer may have very good reasons for all the wording, you are thinking “how am I going to get […]

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IRS Issues Private Letter Ruling Benefitting Investor-Owned Hospitals and Other Companies that Manage Professional Practices

The Internal Revenue Service (IRS) issued a private letter ruling in December2014(PLR 201451009) that has gotten the attention of professional management companies and investor-owned hospitals that have managerial interests in captive professional corporations (PCs). The IRS ruled that captive PCs may be members of an affiliated group which includes the management company or investor-owned hospital […]

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Health Law Reporter Names Hospital/Physician Alignment #1 Issue for 2015

Physicians are increasingly leaving their private practices to become employees athospitals or to affiliate with provider groups. BNA’s Health Law Reporter recently wrote that hospital/physician alignment would be the top issue in healthcare law in 2015. The Reporter’s advisory board predicted that the increase in physician alignment would have a “ripple effect” on many legal […]

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Turning Profits into Loss: Changes in Industry and Dealership Business Model Create Risks for Dealers

Turning profits into loss?  Why would I do that?  No dealer is in business to lose money.  But what if the types of products and services you sell lead to a situation where losses from one bad transaction wipe out profits on 100+ customer transactions? The world in which you operate is rapidly changing.  Are […]

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Dealer Financing Documents: Avoiding Collateral Description Dilemmas

Most dealerships obtain financing from a variety of sources. Dealers may have an operating line of credit from a local bank, multiple floor plan providers for wholegood purchases and direct financing from suppliers for equipment and/or parts. Normal finance documents include some type of security interest granted by the dealer to the lender. A dealer […]

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Employee’s HIPAA Violation Results in $1.44 Million Jury Verdict Against Employer

Last month, the Indiana Court of Appeals upheld a $1.44 million jury verdictagainst Walgreens and a pharmacist employed by Walgreens for breaching their duties to keep customer prescription history private. In this case, the pharmacist used private customer prescription history information for her own personal purposes.   Ground-breaking opinion According to Indianapolis attorney Neal F. Eggeson Jr. […]

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OIG 2015 Work Plan Summary – Part 3

This is the last of three blog posts summarizing the fiscal year 2015 plans of theOffice of Inspector General (OIG) of the U.S. Department of Health & Human Services (HHS). The first two posts (post one, post two) covered the OIG’s plans for oversight of the Medicare and Medicaid programs. This post covers legal and […]

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