On Thursday, March 16, the Office of the Inspector General for the Department of Health and Human Services (“OIG”) issued OIG Advisory Opinion (“AO”) No. 22-05, relating to subsidization of certain Medicare cost-sharing obligations in the context of a
Health Care
Medical Malpractice: Unique Issues in the Defense of Non-MD Healthcare Providers in the Homecare Setting
Rivkin Radler’s Eric Strober will be a panelist at the CLM Focus conference, taking place June 15-16 in Nashville, TN. His program, entitled “Medical Malpractice: Unique Issues in the Defense of Non-MD Healthcare Providers in the Homecare Setting,” will cover…
Conduct: Medico-legal assessment.
Health Care Complaints Commission v Gorrell [2022] NSWCATOD 34 (on Caselaw).
In October 2017 the practitioner (a psychologist) had been referred a grant of Legal Aid funding and instructed to assess Client A and to provide an expert opinion…
Terms not to be disclosed orders rejected, absent special reasons.
With thanks to Justine Anderson for drawing my attention to what seems to be a recent practice of the NSW Supreme Court in relation to consent orders which contain a ‘terms not to be disclosed’ order.
On 2 March 2022…
Updated as of March 17: Should they stay or should they go: Fate of waivers following expiration of the federal PHE
In response to the COVID-19 pandemic, the Centers for Medicare & Medicaid Services (CMS) issued almost 200 “blanket” waivers which automatically apply to health care providers including hospitals, other healthcare facilities, and healthcare professionals. These blanket waivers are effective through…
CMS offers new value-based care opportunities as it “REACHES” in a new direction and redesigns GPDC Model for Direct Contracting Entities to create ACO REACH Model
On February 24, 2022, the Centers for Medicare & Medicaid Services (“CMS”) announced a redesign of the Global Professional Direct Contracting (“GPDC”) Model for Direct Contracting Entities (“DCEs”). The revamped model will be known as the Accountable Care Organization (“ACO”)…
First False Claims Act Settlement under DOJ’s Cyber-Fraud Initiative
On March 8, the Department of Justice (DOJ) announced the first settlement under its Civil Cyber-Fraud Initiative, as Comprehensive Health Services, LLC (CHS), a global medical services provider, agreed to pay $930,000 in part to resolve False Claims Act (FCA)…
Advisory Opinion 22-05: OIG Declines to Impose Sanctions Against Device Manufacturer’s Medicare Cost-Sharing Subsidy in Clinical Trial
On March 16, 2022, the Office of Inspector General (OIG) published Advisory Opinion 22-05 (Advisory Opinion) in which it declined to impose sanctions against a medical device manufacturer (Requestor) that proposes to pay certain cost-sharing obligations of clinical trial participants,…
Long-Running Antitrust Case Challenging Sutter Health’s Restrictive Insurance Contracts Ends With a Defense Victory—But Does This Signal “All Clear” for Health Systems?
A California jury recently rejected antitrust claims brought by a class of California consumers seeking more than $400 million in damages from Sutter Health, a large Northern California hospital system. The case, Sidibe v. Sutter Health, Cas. No. 12-04854, N.D.…
OSHA Launches COVID-19 Inspection Initiative for Healthcare Employers
With its new inspection initiative, the Occupational Safety and Health Administration (OSHA) is taking steps to ensure certain healthcare employers continue to protect workers against COVID-19, even as falling case numbers across the country have prompted many state and local…