Health Lawyers News, June 22

From the folks at American Health Lawyers Association comes this week's issue of Health Lawyers News:

Top Stories

• OIG Finds Sale Of Part Of Physician-Owned ASC To Hospital Could Trigger Sanctions. The sale of part of an ambulatory surgery center (ASC) to a nonprofit hospital could potentially generate prohibited remuneration under the Anti-Kickback Statute and could lead to the imposition of administrative sanctions, according to Department of Health and Human Services Office of Inspector General (OIG) Advisory Opinion No. 07-05 posted June 19. Full Story


• President Bush Vetoes Stem Cell Bill, Calls For Expanding Alternative Research. President Bush vetoed June 20 a bill (S. 5) aimed at expanding research opportunities on embryonic stem cells. The measure cleared by a vote of 247-176 in the House and 63-34 in the Senate, short of the two-thirds majorities needed to override the veto. Full Story

Articles & Analyses

• Impact Of IRS’s Draft Redesigned Form 990 On Tax-Exempt Healthcare Organizations, By James R. King and Gerald M. Griffith, Jones Day


• Physician Quality Reporting Initiative Begins July 1, 2007, By Timothy J. Cahill, Porter Wright Morris & Arthur, LLP

Current Topics

• Antitrust
  1. DOJ Reaches Settlement With Federation Of Physicians And Dentists Resolving Allegations Of Antitrust Violations
  2. Illinois AG Alleges Clinics Conspired To Turn Away Medicaid Patients In Effort To Increase Reimbursement Rates


• Criminal Law
  Sixth Circuit Upholds Medicare Fraud Convictions, But Remands For Evidentiary Hearing On Documents Withheld By Government


• ERISA
  U.S. Court In Texas Remands Hospital's Action Against Managed Care Firm To State Tribunal, Finding ERISA Did Not Completely Preempt Claims


• Food and Drug Law
  1. U.S. Court In New York Upholds Plavix Patent, Enjoins Marketing Of Generic
  2. U.S. Court In Minnesota Allows Product Liability Claims Against ICD Device Manufacturer To Proceed To Trial


• Fraud and Abuse
  1. Update
  2. D.C. Circuit Finds Renal Physicians Association Lacks Standing To Bring Lawsuit Challenging Stark Safe Harbor Rule
  3. OIG Withdraws Proposed Rule On Exclusion Authority For Entities Submitting Claims Containing Excessive Charges
  4. OIG Approves Texas’ False Claims Act


• Healthcare Access
  Study Finds 689,000 Low-Income Children Eligible For SCHIP, DHHS Says


• Healthcare Spending
  Senate Budget Panel Considers Options For Controlling Healthcare Costs


• Hospitals and Health Systems
  1. Grassley Urges CMS To Collect Better Data From Hospitals On Uncompensated Care
  2. Baucus Questions CMS About Standards Of Safety And Care At California Hospital


• Insurance
  Connecticut Appeals Court Finds Liability Insurer Obligated To Cover Claim Made During Required Extension Period


• Medicaid
  CMS Releases Timeline For Implementing New AMP-Based FULs For Medicaid Prescription Drug Reimbursements


• Medical Malpractice
  Florida Appeals Court Finds Expert Opinion That Surgery Unnecessary Was Sufficient To Create Triable Issue


• Medicare
  1. Health Insurers Agree To Suspend Marketing Of Medicare PFFS Plans
  2. MedPAC Recommends Ways To Improve Efficiency In Medicare
  3. U.S. Court In New Jersey Refuses To Reconsider Its Previous Decision Affirming Finding That Provider Was Overpaid By Medicare
  4. Baucus, Grassley Oppose Speculative Cuts In Proposed Medicare Payment Rule
  5. Medicare To Expand Testing Of Personal Health Records Tools
  6. OIG Finds Medicare Beneficiaries Have Broad Access To Retail Pharmacies That Participate In Medicare Part D Program
  7. CMS Extends Timeline For Publication Of Provider Appeals Rule
  Study Examines Impact Of Medicare Part D On Nursing Homes And LTCPs


• News in Brief
  1. CHA Releases Draft "Vision" For Healthcare Reform
  2. CMS Enhances Hospital Compare Website

Table of Contents © AHLA, 2007. Reprinted by permission.