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Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use.

The U.S. Department of Health and Human Services Office of Inspector General has issued critical clarifications on two widespread misconceptions in healthcare compliance: that Stark Law compliance automatically satisfies Anti-Kickback Statute requirements, and that fair market value compensation alone shields arrangements from federal scrutiny. These updated FAQs underscore the need for comprehensive, case-by-case evaluations of healthcare financial arrangements beyond technical regulatory checklists.

The Stark Law has caused angst for many a physician and many a health care lawyer over the years. The Stark Law has also troubled hospital and health system CEOs looking for ways to align incentives with physicians.

On November 20, 2020, the CMS and the OIG released their highly-anticipated final rules to modernize and clarify existing Physician Self-Referral Law regulations and safe harbors to the Anti-Kickback Statute, ...

These proposed rules are part of HHS' Regulatory Sprint to Coordinated Care.

As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS)...

CMS has released a new Self-Referral Disclosure Protocol (SRDP) Form for disclosing actual or potential violations of the physician self-referral law (known as the "Stark Act") under CMS's existing self-disclosure process.

Then, by submitting false claims to Medicare and other federal health programs, the defendants knowingly or recklessly presented false claims for payment to the government in violation of the FCA.

By Memorandum Order entered by The Honorable Leonard P. Stark in Intellectual Ventures I LLC v. Symantec Corp., Civil Action No. 10-1067-LPS (D.Del., March 10, 2016), the Court denied defendant's motion for judgment...

By Memorandum Order entered by The Honorable Leonard P. Stark in Intellectual Ventures I LLC v. Symantec Corp., the Court denied defendant's motion for judgment as a matter of law on noninfringement, invalidity and damages with respect to U.S. Patent No. 5,987,610.

After evaluating and weighing the three factors the Court typically considers when deciding a motion to stay, the Court found that those factors did not favor granting the motion to stay.

The Court granted Plaintiff Intellectual Ventures I LLC’s motion in limine seeking to preclude argument and evidence disparaging IV’s business model and practices.

In order to encourage value-based reimbursement and care delivery, the Centers for Medicare & Medicaid Services (CMS) has published a Request for Information (RFI) ...

The city of Woodbridge, NJ is conducting an investigation after more than 100 former students and staff at the local Colonia High School were found to have developed brain tumors over a three-decade period.

CMS and DOJ activity related to the Stark Law has been notably quiet in recent years, with no material rule updates since 2023 and limited enforcement actions.

After a four-week trial, a federal jury concluded on Wednesday that Tuomey Healthcare System violated both the Stark Law and the False Claims Act by submitting $39 million worth of illegal claims to Medicare.

After the federal government's victory against Tuomey Hospital, we have seen an increasing number of large False Claims Act (FCA) settlements with hospitals involving Stark Law allegations.