Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims -
In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark...more
2/25/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Kickback Statute ,
Assisted Living Facilities (ALFs) ,
Centers for Medicare & Medicaid Services (CMS) ,
Diagnostic Tests ,
DMEPOS ,
Durable Medical Equipment ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Grants ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Hospitals ,
Medicare ,
Objective Falsity ,
Ownership Interest ,
Physicians ,
Protected Activity ,
Stark Law
With the start of the 2019 Florida Legislative Session, several proposed bills could have significant impact on the healthcare landscape in the state. The following are brief highlights of some of the bills that have been...more
Allergy Associates of Hartford, P.C., entered into a Resolution Agreement and agreed to pay $125,000 to the U.S. Department of Health and Human Services, Office for Civil Rights (HHS) in order to settle certain Health...more
On Nov. 16, 2018, the Florida Department of Revenue renewed Emergency Rule 12AER18-02, which implemented Section 56, Chapter 2018-118, Laws of Florida, providing for a sales tax exemption for equipment purchased to generate...more
11/21/2018
/ Assisted Living Facilities (ALFs) ,
Department of Revenue ,
Elder Care ,
Electricity ,
Emergency Generators ,
Emergency Rule ,
Health Care Providers ,
Nursing Homes ,
Sales Tax ,
Tax Exemptions ,
Tax Refunds
On Monday, March 26, 2018, Florida Gov. Rick Scott signed two bills into law that ratified the rules adopted by the Agency for Health Care Administration (AHCA) and the Department of Elder Affairs (DOEA). The rules require...more
The Florida Legislature passed a bill that makes significant changes to numerous provisions related to the regulation of various health care facilities by the Agency for Health Care Administration (AHCA). The following is a...more
3/8/2018
/ American Health Care Act (AHCA) ,
Assisted Living Facilities (ALFs) ,
Clinical Laboratories ,
Governor Scott ,
Health Clinics ,
Healthcare Facilities ,
Home Health Agencies ,
Licensing Rules ,
Medical Equipment ,
Nursing Homes ,
Pending Legislation
The Agency for Health Care Administration and the Department of Elder Affairs have reissued Emergency Rules 59AER17-1 "Nursing Home Emergency Power Plan" and 58AER17-1 "Procedures Regarding Emergency Environmental Control for...more
1/3/2018
/ Administrative Hearings ,
Administrative Law Judge (ALJ) ,
Appeals ,
Assisted Living Facilities (ALFs) ,
Elder Care ,
Emergency Generators ,
Emergency Management Plans ,
Nursing Homes ,
Pending Legislation ,
Power Outages ,
Proposed Rules ,
Ratification ,
Trade Associations
Medicaid -
Florida's Medicaid Third-Party Liability Act Pre-empted by Federal Law -
By Eddie Williams -
In Gallardo v. Dudek, Sec. of Florida Agency for Health Care Administration, No. 4:16cv116-MW/CAS, 2017 WL...more
6/7/2017
/ Anti-Kickback Statute ,
Antitrust Violations ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
DSM ,
Enforcement Actions ,
Failure To Warn ,
False Claims Act (FCA) ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Medicaid Act ,
Misrepresentation ,
Noerr-Pennington Doctrine ,
OCR ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmacies ,
Preemption ,
Prescription Drugs ,
Sherman Act ,
Stark Law ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices ,
Warning Labels
The Department of Health and Human Services' Office for Civil Rights recently published guidance to assist covered entities by explaining how the United States Supreme Court's decision regarding the Defense of Marriage Act...more