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  • Article

    Proposed Rules Seek To Amend And Extend Protections Of The EHR Stark Law Exception And Anti-Kickback Statute Safe Harbor

    The Centers for Medicare & Medicaid Services recently published a proposed rule in the Federal Register that revises the exception to the federal physician self-referral prohibition for certain arrangements involving the donation of electronic health records items and services.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Big Changes For Health Care Fraud And Abuse: HHS Gifts Providers Updates To The Stark Law And The AKS, Just In Time For The Holidays

    On November 20, 2020, the Centers for Medicare and Medicaid Services ("CMS") and the Office of Inspector General ("OIG")
    United States
Technology
Sheppard
Sheppard
  • Article

    Halifax Reportedly Settles Landmark Stark Case

    According to minutes filed in the U.S. District Court for the Middle District of Florida, Halifax Hospital Medical Center and the U.S. Department of Justice have reached a settlement in the pending False Claims Act case in which Halifax is accused of entering into financial relationships with medical oncologists and neurosurgeons in violation of the Stark Law.
    United StatesFood, Drugs, Healthcare, Life Sciences
    BakerHostetler
    BakerHostetler
  • Article

    New Jersey's Safe Passing Law Aims To Protect Cyclists And Pedestrians On The Road

    The COVID-19 pandemic may have halted or reduced travel for many in New Jersey, but the end of the year also came with a surprising and sobering statistic...
    United StatesLitigation, Mediation & Arbitration
    Stark & Stark
    Stark & Stark
  • Article

    Noncompliant Leases: Stark Act Exposure For Healthcare Investments

    In the healthcare investment arena, a consistent issue that comes up in transactions involving practice management businesses and practice acquisitions.
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Judge Stark Denies Defendant’s Motion For Reconsideration Of Court’s Claim Construction Order

    In Sunovion Pharmaceuticals, Inc. v. Actavis, Inc., et al., the Court denied defendant Actavis, Inc.’s motion.
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Judge Stark Denies Google’s Motion To Stay Patent Litigation Pending Patent Appeal

    By Memorandum Order entered by The Honorable Leonard P. Stark in Walker Digital, LLC v. Google.
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Judge Stark Grants MACOM’s Preliminary Injunction To Enjoin Laird From Supplying Ford With GPS Modules That Likely Infringe MACOM’s ‘349 Patent

    The Court granted MACOM's Motion for Preliminary Injunction seeking to enjoin Laird from supplying Ford with GPS modules that MACOM contends infringe its patent.
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Judge Stark Issues Markman Opinion Construing 36 Terms In Dispute In Patent Infringement Action Against Globus Medical

    By Memorandum Opinion entered in Depuy Synthes Products, LLC v.Globus Medical, Inc., C.A. No. 11-652-LPS (D.Del., May 7, 2013), The Honorable Leonard P. Stark construed thirty-six (36) disputed terms found in U.S. Patent Nos.7,846,207, 7,862,616, and 7,875,076 (collectively, the "patents-in-suit").
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    CMS Reissues Stark Rules Restricting Certain Unit-based Rental Rate Arrangements And Issues Two Stark Updates

    As part of its 2017 Medicare Physician Fee Schedule update, the Center for Medicare and Medicaid Services reissued its prohibition on certain unit-based rental arrangements with referring physicians.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    HHS Finalizes Highly Anticipated Final Rule Amending Anti-Kickback Statute And Stark Law Regulations, Part VI: Changes To Fundamental Stark Law Terminology

    In this final post of our blog series on the substantial changes to the regulations implementing the Anti-Kickback Statute (AKS)
    United StatesFood, Drugs, Healthcare, Life Sciences
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Top Five (5) Signs To Watch For During The Back-to-School Season Cautious Optimism For Retailers

    The "Back-to-School" shopping season has begun!
    United StatesConsumer Protection
    Stark & Stark
    Stark & Stark
  • Article

    No-Poach Clauses In Franchise Agreements: The Saga Continues In 2022

    For the past few years, it seems franchisors have been riding a roller coaster when it comes to no-poach clauses in their franchise agreements.
    United StatesCorporate/Commercial Law
    Stark & Stark
    Stark & Stark
  • Article

    70 Is The New 40 – New Jersey Law Against Discrimination Expands Protections To Employees Over The Age Of 70

    On Tuesday, October 5, 2021, New Jersey Governor Phil Murphy signed legislation that addressed a blind spot in the New Jersey Law Against Discrimination that actually enabled private employers to discriminate against employees on the basis of their age.
    United StatesEmployment and HR
    Stark & Stark
    Stark & Stark
  • Article

    The Holidays Are Coming – What Divorced And Separated Parents Should Consider When Preparing For Travel During Pandemic

    Back to school is here and even though the pandemic is still with us, many parents are thinking about travelling during the Thanksgiving and Winter Break periods. When the parents of children are...
    United StatesFamily and Matrimonial
    Stark & Stark
    Stark & Stark
  • Article

    Read Before You Proceed – A Cautionary Tale At The Crossroads Of Technology And Construction

    COVID-19 unquestionably changed the world in countless ways. One of the most significant is that it forced everyone online, from our youngest to our most elder.
    United StatesReal Estate and Construction
    Stark & Stark
    Stark & Stark
  • Article

    Guidance On Healthcare Fraud And Abuse Laws For ACOs

    On March 31, 2011, the same date as the proposed rules for implementing the Medicare Shared Savings Program (MSSP), the Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) issued a Notice with a 60-day comment period proposing to establish waivers of certain federal healthcare fraud and abuse laws.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Final Rules Amend And Extend Protections Of The EHR Stark Law Exception And Anti-Kickback Statute Safe

    On December 23, 2013, the Centers for Medicare & Medicaid Services released a final rule that revises the exception to the federal physician self-referral prohibition for certain arrangements involving the donation of electronic health records items and services.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Stark II: What You Need To Know Now!

    By popular demand, Vinson & Elkins will be repeating the program recently held in our Austin office. On Friday, June 18, V&E will host a lunch seminar on the new Stark II Phase II Final Regulations at our Houston office. Our speaker once again will be Donna Clark, a nationally recognized authority on Stark and illegal remuneration. Donna will address the general and specific application of Stark II to hospitals, academic medical centers, and physicians, including: personal services arran
    United StatesFood, Drugs, Healthcare, Life Sciences
    Vinson & Elkins LLP
    Vinson & Elkins LLP
  • Article

    Study Suggests Narrowing Of Stark In-Office Ancillary Service Exception

    According to a new study by the Center for Studying Health System Change, physician ownership and leasing of medical equipment in the United States is very common.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dressman Benzinger LaVelle psc
    Dressman Benzinger LaVelle psc
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