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OIG 2015 Work Plan Summary – Part 2

This is the second of a three-part blog series summarizing the fiscal year 2015 work plan of the Office of Inspector General (OIG) for the U.S. Department of Health & Human Services (HHS). The first blog post described the OIG’s planned areas of focus in its oversight of Medicare Part A and Part B services […]

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OIG 2015 Work Plan Summary – Part 1

The Office of the Inspector General (OIG) for the U.S. Department of Health & Human Services (HHS) releases an annual work plan for each fiscal year, which provides a blueprint to the OIG’s upcoming oversight and enforcement efforts. The latest plan covers fiscal year 2015 and has already gone into effect starting in October 2014. […]

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OIG Proposes Revisions to Safe Harbors and CMPs

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently published a proposed rule that provides new and modified regulatory safe harbors to the Anti-Kickback Statute (AKS), amends regulatory provisions related to enforcement of the Beneficiary Inducement Civil Monetary Penalty (CMP) rules, and adds a gainsharing CMP provision. The proposed rule […]

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Physicians: What to Consider When Joining a New Practice Group

Due to healthcare reform and the increased complexities of operating amedical practice, many private physicians are electing to consolidate with other practitioners or to become hospital employees. This shift makes sense as group practices tend to reduce overhead, increase negotiating leverage with private payers and increase revenues by keeping referrals within the practice group rather […]

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HIPAA “BYOD” Rule Changes: What You Need to Know

What is BYOD? BYOD (Bring Your Own Device) appears to be a win-win for companies andemployees: employers save money on smart phone, tablet and laptop costs and employees enjoy the freedom of choosing their own device while enhancing communications and mobile care collaboration.   BYOD in the Medical Industry However, in the medical industry, BYOD […]

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Product Liability Claims: Limiting Your Risk for Used Equipment Sales (Part 2)

Product liability claims can be devastating.  Products liability claims are generally defined as claims for personal injury or property damage caused by equipment.  The legal theories for which a selling dealer may be liable can range from strict liability to negligence to breach of warranty.  Selling used equipment carries additional risk just based upon the […]

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OCR Issues Guidance on HIPAA Privacy Rule Obligations for Same-Sex Couples

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently issued written guidance on the obligations health care providers face under HIPAA to couples in legally valid same-sex marriages.   United States v. Windsor Ruling As previously drafted, Section 3 of the Defense of Marriage Act (DOMA) defined marriage (for federal […]

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Product Liability Claims: Limiting Your Risk for Used Equipment Sales (Part 1)

Product liability claims can be devastating.  When people are injured by equipment or the equipment causes damage to property, millions of dollars can be at stake.  This is a recurring issue and all dealers pay for these claims either through direct exposure or increased insurance premiums.  Although not all risk can be eliminated, there are […]

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Cape Girardeau Neurosurgeon Indicted on Federal Anti-Kickback Charges

On September 18, 2014 the U.S. Attorney’s office announced that MidwestNeurosurgeons, LLC and it’s owner Dr. Sonjay Fonn and DS Medical, LLC and it’s owner, Deborah Seeger, were indicted for allegedly violating the Medicare Anti-Kickback Statue. Their story is an example of the enforcement agencies’ focus upon physician owned medical device distributors and an important […]

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Customer Complaints: Dealer Liability for False Advertising Claims

All dealers have experienced customers that complain about the equipment they purchased from you.  Before you make a decision on how to respond, you will likely ask two questions:  What is the right thing to do for the customer relationship?  What is my liability if I can’t satisfy the customer? If your decision is based […]

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