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  • Article

    Correcting Stark Violations: 90-Day Grace Period

    Physicians and entities to which physicians refer may violate the Ethics in Patient Referrals Act ("Stark") by mistakenly overpaying or underpaying amounts due under a compensation arrangement.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Hart LLP
    Holland & Hart LLP
  • Article

    Summer Fraud And Abuse Roundup

    The federal government was busy over the summer when it came to decisions and settlements under the Stark Law, anti-kickback law and federal False Claims Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    BakerHostetler
    BakerHostetler
Article

Even In A Crisis, Stark Law Compliance Demands Attention: CMS Issues Explanatory Guidance On Stark Law Blanket Waivers

On April 21, 2020, the Centers for Medicare and Medicaid Services ("CMS") released "Explanatory Guidance" related to the March 30, 2020 Blanket Waivers of Section 1877(g)
United StatesFood, Drugs, Healthcare, Life Sciences
Sheppard
Sheppard
  • Article

    HHS Proposes Sweeping Changes To AKS And Stark Law, Part 5: Proposed Changes To Key Stark Law Requirements And Numerous Stark Law Exceptions

    As we previously reported, the Department of Health & Human Services (HHS) recently issued two proposed rules intended to reduce the regulatory burden associated with the Anti-Kickback Statute ...
    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

    State Rulings Uphold The Use Of Diffusion Tensor Imaging In Cases Involving Mild Traumatic Brain Injuries

    If you've suffered a mild traumatic brain injury (mild TBI) as the result of an accident, you may be required to provide evidence of this injury in order to collect the insurance payments...
    United StatesLitigation, Mediation & Arbitration
    Stark & Stark
    Stark & Stark
  • Article

    More Than Money: The Stark Law And Non-Monetary Incentives

    The Stark Law acts as a safeguard against healthcare fraud by ensuring physician referrals are based on a patient's medical needs, not financial gain.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Taylor English Duma
    Taylor English Duma
  • Article

    New York Governor Vetoes Legislation Intended To Conform State Self-Referral Ban To The Stark Law

    Earlier this week, New York State Governor Andrew Cuomo vetoed legislation that would have brought the State’s restrictions on physician self-referrals (the State Law) in line with the federal ban on self-referrals, which is commonly known as the Stark Law.
    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

    OIG Reiterates: FAQs Are Facts When It Comes To Stark And AKS Compliance

    The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently published updates to FAQ #4 of its FAQs on Fraud and Abuse Authorities, emphasizing key considerations for the analysis...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dinsmore & Shohl LLP
    Dinsmore & Shohl LLP
  • Article

    President Biden Selects District Of Delaware Chief Judge Stark For Federal Circuit

    Chief Judge Stark has extensive experience presiding over patent cases, and his departure will leave a void in Delaware.
    United StatesIntellectual Property
    Jones Day
    Jones Day
  • Article

    CMS Includes Additional Stark Proposals In IPPS Proposed Rule, Requests Comments

    Public comments on the concepts and particulars of the proposed rule must be submitted by June 13, 2008.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    New Changes To Federal Self-Referral And Anti-Kickback Laws

    The federal prohibitions on self-referrals and kickbacks, known as the Stark Law and Anti-Kickback Statute ("AKS"), have received new changes for calendar year ("CY") 2023...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Riker, Danzig, Scherer, Hyland & Perretti
    Riker, Danzig, Scherer, Hyland & Perretti
  • Article

    Mulch Fires: What You Should Know Before Starting Your Spring Gardening

    It's springtime! We made it through another cold winter. Now, the days are growing longer, daffodils are in bloom and many people are gearing up for weekends in the yard.
    United StatesLitigation, Mediation & Arbitration
    Stark & Stark
    Stark & Stark
  • Article

    Is A New Statute Of Limitations On The Horizon For Community Association Construction Defect Claims?

    Under New Jersey's current statute of limitations, N.J.S.A. §2A:14-1, all construction defect claims, i.e. property damage claims, must be filed within six years from when the potential claimant...
    United StatesReal Estate and Construction
    Stark & Stark
    Stark & Stark
  • Article

    CMS And OIG Issue Proposed Rules Modifying The Stark Exception And Anti-Kickback Safe Harbor For Donation of EHR

    The Centers for Medicare and Medicaid Services and the Office of the Inspector General of the U.S. Department of Health and Human Services have recently each published proposed rules in the Federal Register designed to modify requirements of the Stark Law exception and the Anti-Kickback Safe Harbor related to the donation of electronic health records.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    CMS Proposes Stark, Diagnostic Test, And Physician Payment Changes For 2008

    The calendar year 2008 proposed Medicare physician payment rule includes far-reaching changes to the Stark regulations, diagnostic test payment rules, and independent diagnostic testing facility ("IDTF") standards, among others.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dorsey & Whitney LLP
    Dorsey & Whitney LLP
  • Article

    Following Input On Stark Law Changes, CMS Evaluating Anti-Kickback Changes

    On the heels of the end of the comment period for input on reducing the regulatory burdens of the Physician Self-referral Law (also known as the "Stark Law") on August 24, the Department of Health and Human Services, ...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Tuomey Faces Big Fines After Losing Stark, False Claims Trial

    Tuomey Healthcare System in Sumter, S.C., violated the Stark law and submitted 21,000 false claims to Medicare, a federal jury decided on May 8 after a four-week trial.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Chief Judge Stark Dismisses Parties' Implied License Claims And Defenses Based On Lack Of Subject Matter Jurisdiction

    By Memorandum Order entered by The Honorable Leonard P. Stark in S3 Graphics Co., Ltd. v. ATI Technologies ULC, et al., the Court dismissed without prejudice the parties' declaratory judgment claims...
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    New Officer And Director FCA/Stark Exposure

    It is important not to overreact to the impact of these two settlements.
    United StatesCorporate/Commercial Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Chief Judge Stark Denies Toshiba’s Motion for Summary Judgment of Non-Infringement of Patent-in-Suit

    By Memorandum Order entered by The Honorable Leonard P. Stark in St. Clair Intellectual Property Consultants, Inc. v. Toshiba Corporation, et al., Civil Action No. 09-354-LPS (D.Del., August 27, 2014), the Court denied ..
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
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