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  • Article

    CMS Proposes Extension Of Medicare Self-Referral Disclosure Protocol Lookback Period To Six Years

    Under the currently-approved process, a party must provide a financial analysis of overpayments arising from actual or potential violations of the Stark Act based on a 4-year lookback period.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Reed Smith
    Reed Smith
  • Podcast

    Ep. 66 – The Lifecycle Of Art Ownership: Key Legal, Tax, And Practical Considerations For Collectors (Podcast)

    Michael Clear and Kenley Stark explore the intricate legal, financial, and logistical challenges that art collectors encounter throughout the entire lifecycle of ownership. From acquisition documentation and title verification to insurance, storage, and eventual transfer, they reveal the sophisticated planning required to protect both the artwork and the collector's investment.
    United StatesWealth Management
Wiggin and Dana LLP
Wiggin and Dana LLP
  • Article

    What Is Uninsured And Underinsured Motorist Coverage And Why Should You Care?

    If you own a vehicle in New Jersey, you are required to carry auto insurance. For many people, it is as simple as that, and they try to obtain the cheapest policy possible to meet the legal requirements.
    United StatesLitigation, Mediation & Arbitration
    Stark & Stark
    Stark & Stark
  • Article

    Stark Phase III Rules Loosen Recruitment And Retention Requirements

    On September 5, 2007, the Centers for Medicare & Medicaid Services (CMS) published long-awaited final "Phase III" rules under the Stark Law (Physician Self-Referral Law, Sec. 1877 of the Social Security Act, 42 U.S.C. § 1395nn).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    CMS, OIG Propose Extending EHR Stark Law Exception, Anti-Kickback Safe Harbor Through 2016

    The Centers for Medicare and Medicaid Services and the Office of Inspector General of the Department of Health and Human Services have recently published an advance copy of proposed rules.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Pharmaceutical Manufacturers And Healthcare Leaders Cite Fraud And Abuse Laws As Obstacle To Value-Based Arrangements

    As the healthcare industry moves towards value-based purchasing, pay-for-performance, and other payment reform models, industry leaders have identified federal fraud and abuse laws...
    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

    The OIG Issues An OIG Rule On ACOs And The IRS Provides Additional Guidance For Tax-Exempt Organizations

    On October 20, 2011, the Center for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) released an Interim Final Rule (OIG Rule) providing fraud and abuse waivers for accountable care organizations (ACOs) that participate in the Medicare Shared Savings Program (Shared Savings Program).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Phase II Stark II Regulations Effective July 26, 2004: Key Provisions and Important Compliance Steps

    More than ten years after Congress enacted its expanded physician self-referral law known as Stark II, CMS has issued the long-awaited second phase of its two-part regulations implementing the law. Although issued in "interim" final form, thus providing for a 90-day comment period, the regulations will be effective on July 26, 2004.
    United StatesFinance and Banking
    Wiggin and Dana LLP
    Wiggin and Dana LLP
  • Article

    HHS Continues The "Sprint To Coordinated Care"

    On August 27, 2018, the OIG of the Department of HHS issued a RFI seeking comment on the AKS and the beneficiary inducement prohibition to the CMP as potential barriers to coordinated and value-based care.
    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

    Physician Employment Arrangements In Light Of 2015 Stark Law Settlements

    Conventional wisdom has always been that physician employment arrangements were a less risky alternative to independent contractor arrangements.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Reinhart, Boerner, Van Deuren SC
    Reinhart, Boerner, Van Deuren SC
  • Article

    Stark Realities of Health Care Reform

    Our Health Law Alert of April 26, 2010 summarized recent amendments to the Anti-Kickback Statute ("AKS") concerning "reverse" federal false claims act ("FCA") and the implications of the requirement of Section 6402 of the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 (the "PPACA") to report and refund "overpayments" by Medicare and Medicaid within sixty (60) days of "identification."
    United StatesFood, Drugs, Healthcare, Life Sciences
    Cozen O'Connor
    Cozen O'Connor
  • Article

    CMS Issues Broad Stark Waiver Related To COVID-19

    In yet another example of coronavirus-related regulatory dispensation, on March 30, 2020, CMS announced that it will waive penalties for violations of the Stark Law in...
    United StatesCoronavirus (COVID-19)
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Circuit Patent Watch: Federal Circuit Affirms Decision To Impose Discovery Sanctions Against Defendant For Late Disclosure Of Two Billion Additional Infringing Devices

    Second, the Court reversed the district court's summary judgment that the prior art cited by Avery does not invalidate the asserted patent claim and remanded for further proceedings.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Recent Decision Serves As Stark Reminder To Revise Bespoke Contracts Regularly

    The recent decision of “William Hare Limited v Shepherd Construction Limited [2009] EWHC 1603 (TCC”) serves as a stark reminder that bespoke contracts need to be revised regularly rather than seen as a finished product and never revisited.
    United KingdomReal Estate and Construction
    Speechly Bircham LLP
    Speechly Bircham LLP
  • Article

    Chief Judge Stark Issues Markman Opinion In Infringement Action Construing Twenty (20) Disputed Terms In Patents-In-Suit

    By Memorandum Opinion entered by The Honorable Leonard P. Stark in Yodlee, Inc. v. Plaid Technologies, Inc., Civil Action No. 14-1445-LPS (D.Del., January 15, 2016).
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Federal Circuit Patent Watch: Prosecution Laches Is An Equitable And Flexible Doctrine That Requires Considering The Totality Of The Circumstances

    Reyna J Affirming district courts decision that asserted patent was unenforceable based on prosecution laches because plaintiff successfully employed an inequitable scheme to extend its patent rights.
    United StatesIntellectual Property
    WilmerHale
    WilmerHale
  • Article

    Whither Bilateral Patent Prosecution Bars?

    Patent practitioners might take comfort in the growing trend away from bilateral patent prosecution bars incorporated into protective orders.
    United StatesIntellectual Property
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    CMS Corrects Inadvertent Omissions In Recent Stark Law Regulatory Amendments, Clarifies Reach Of The Prohibition Related To Indirect Compensation Arrangements

    Earlier this month, the Centers for Medicare and Medicaid Services (CMS) released its final rules for the 2022 Medicare Physician Fee Schedule
    United StatesFood, Drugs, Healthcare, Life Sciences
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The Future Of Physician-Owned Hospitals: An Industry In Washington´s Crosshairs

    Congress is expected to consider new limits on physician-ownership of hospitals early in 2009. Those involved with existing or planned physician-owned hospitals should anticipate these changes and consider responsive action.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    The Skinny On Infringement Of Method Of Treatment Claims

    In Hatch-Waxman litigation, method of treatment patents present unique infringement issues. Because generic drug manufacturers typically do not treat patients, patentees frequently...
    United StatesIntellectual Property
    Axinn
    Axinn
  • Showing 461–480 of 5644 results

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