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Ep. 68 – Before You Audit—Why Pre-Audit Planning Matters

If you’re preparing to launch an audit within your healthcare organization, pause for a moment and consider this: how well you plan before the audit begins can significantly affect the outcome—and your risk exposure. This...more

Ep. 65 – Don’t Make This Mistake When Using Physician Compensation Benchmarks

Physician compensation benchmarks like those from the Medical Group Management Association (MGMA) or the American Medical Group Associations) AMGA are commonly used in the healthcare industry. Organizations lean on them for...more

Ep. 64 – Three Communication Strategies to Reduce Whistleblower Risk

In today’s complex healthcare landscape, whistleblower claims are a major source of regulatory and legal risk for organizations. Last year saw a record number of “qui tam” claims filed under the False Claims Act. While...more

Ep. 63 – Speaking Fees and Safe Harbors: Lessons from a $202M AKS Settlement

In April, a pharmaceutical manufacturer agreed to pay a $202 million settlement to resolve allegations of Anti-Kickback Statute (AKS) violations. At the heart of the case were speaker programs, where physicians and...more

Ep. 59 – Treating Medicare Beneficiaries as a Cash-Based Practice

Cash-based practices, or providers who neither participate with nor bill insurers, are becoming increasingly common, especially in certain specialties such as primary care, women’s health, and mental health. While providers...more

Ep. 54 – Situations to Address in Your Minor Consent Policies – Part 2

Healthcare providers often have a detailed policy outlining when a minor may consent to care and when a parent or legal guardian’s consent is needed. Situations can arise in the treatment of minors that can make administering...more

Ep. 50 – Three Physician Compensation Mistakes to Avoid

In January, the Department of Justice released its annual fraud statistics summarizing health care fraud settlements and judgments during the 2024 fiscal year. Last year, there were over $2.9 billion in fraud settlements and...more

Ep. 46 – Creating Compliance Champions 

As we routinely discuss on the podcast, much of the success of an organization’s compliance program depends on its culture. Creating and fostering a compliance-minded culture can help ensure employees report suspected...more

Ep. 36 – What to Consider When Terminating a Patient-Care Relationship

Healthcare workers nationally are facing an increase in workplace violence, often instigated by patients and visitors. A study published earlier this year reported that almost 20% of healthcare workers have faced physical...more

Ep. 32 – An Easy Audit Tip to Help Avoid Overpayments

Looking for a simple, easy-to-implement way to lower your risk of overpayments? We have one on this week’s podcast!...more

Ep. 30 – Ensuring Payments to Physicians for Administrative Services Meet a Stark Exception

Providers will often pay physicians for serving in important administrative roles within the organization. Compensation for administrative services can create risk to the organization under multiple laws, including the...more

Ep. 12 - Working with Valuation Experts to Substantiate Fair Market Value Compensation

We often work with valuation experts to ensure compensation payments between healthcare organizations and physicians are fair market value and commercially reasonable for purposes of compliance with the Stark Law and the...more

HHS Delays Inclusion of Co-Provider Charges in Good Faith Estimates to Self-Pay Patients

On December 2, 2022, Health & Human Services issued guidance (HHS) delaying the requirement that convening providers include co-provider charges in their good faith estimates for self-pay patients. Previously, the requirement...more

No Surprises Act: Frequently Asked Questions - Volume 2

In 2020, Congress passed the No Surprises Act (NSA) in an attempt to protect patients from surprise billing. Some sections of the NSA became effective January 1, 2022, while other sections are on hold until regulations are...more

Department of Justice Files False Claims Act Charges Against Nursing Home Chain

The United States Department of Justice (DOJ) has filed another False Claims Act case against a long-term care provider premised on the quality of care provided to its residents. The DOJ is increasingly utilizing substandard...more

OCR Issues Remote Communication Technologies HIPAA Guidance for Audio-Only Telehealth Services

The use of telehealth and remote communication technologies has skyrocketed since the start of the COVID-19 pandemic. At the beginning of the pandemic, the Office of Civil Rights for Health and Human Services (“OCR”) notified...more

AMA Guidance on Ethics Issues

Although we remain hopeful that Iowa will be spared the worst of the COVID-19 pandemic and health care resources will be sufficient to care for all patients in need, we encourage hospitals and hospital-based physicians to...more

Health Law Quick Take: Elective Surgeries

Q: Should we postpone elective surgeries? A: Yes. On March 18, 2020, CMS released recommendations urging hospitals and physicians to postpone elective surgeries and services....more

Health Law Blog: Court's Decision Another Reminder to Hospitals To Use Caution in Calculating Physician Productivity Bonuses

November, a federal district court granted partial summary judgment for the Department of Justice in U.S. ex. Rel. Baklid-Kunz v. Halifax Medical Center, ruling that productivity bonuses paid to employed physicians violated...more

Health Law Blog: OIG Releases Special Fraud Alert for Physician Owned Implant Distributorships

Yesterday the Office of the Inspector General (OIG) released a special fraud alert addressing physician ownership in entities that derive revenue from implantable medical devices. While such arrangements are not per se...more

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