Featured Articles on Stark Act and Anti-Kickback Statute

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Amendments to Codey Law Finally Signed Into Law
Written by Michael F. Schaff, Esq., Brian Kalver, Esq. and Alyson M. Leone, Esq.
On March 21, 2009, Gov. Jon S. Corzine signed into law the much anticipated and hotly debated amendments to the New Jersey law prohibiting self-referrals by physicians (commonly referred to as the “Codey Law”).

 

Stryker Subpoena Suit Against DOJ Dismissed
Written by Staff
A federal district court dismissed a suit brought by Stryker Corp., which was seeking to quash a subpoena issued by the U.S. Department of Justice, according to published reports.

 

Office of Inspector General Issues Advisory Opinion: Physician/Hospital Orthopedic ASC Joint-Venture
Written by Scott Becker, JD, CPA, and Melissa Szabad, JD
The Office of the Inspector General recently issued Advisory Opinion 08-08. This Advisory Opinion deals with a physician/ hospital joint-venture surgery center. Here, the Advisory Opinion was requested because certain physicians who invested in the joint-venture were themselves not “safe harbor” compliant.

 

Surgery Centers Face Significant Legal Obstacles According to AMNews Report
Written by Staff
The report describes the increased scrutiny of the nearly 5,000 surgery centers in the United States, especially at the state-level.

 

Physician Self-Referral Ban Suggested in AHA Proposed Health Reform Package
Written by Staff
The American Hospital Association (AHA) has sent a legislative health reform proposal to Congress recommending a number of significant changes including a renewed ban on physician self-referrals.
 

U.S. Court of Appeals Reverses Decision Interpreting Stark Fair Market Value Standard
Written by Staff
The U.S. Court of Appeals for the Third Circuit issued an opinion overturning a previous decision based in part on a determination that the lower court misapplied the fair market value standard under the Stark law, according to a report by HealthCare Appraisers in its FMVantage Point publication.
 

 

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Features:

1.  11 Key Concepts From the Stark Law

2.  Amendments to Codey Law Finally Signed Into Law

3.  Will the Federal Government Shut Down Surgery Centers and Physician-Owned Hospitals?

4.  Amendment to Codey Law Moves Quickly Through New Jersey Legislature

5.  New Prohibitions Considered for Physician-Owned Hospitals: 12 Key Concepts

6.  Office of Inspector General Issues Advisory Opinion: Physician/Hospital Orthopedic ASC Joint-Venture

7.  Physician Self-Referral Ban Suggested in AHA Proposed Health Reform Package

News:

8.  Stryker Subpoena Suit Against DOJ Dismissed

9.  Surgery Centers Face Significant Legal Obstacles According to AMNews Report

10. Federal Oversight of Orthopedic Device Companies Ends

11. Whistle-Blower Lawsuit Against Spine Surgeons Dropped

12. Federal Health Officials Investigating Doctors Who Take Kickbacks

13. WSJ Reports on SCHIP Bill and the Impact on Physician-Owned Hospitals

14. U.S. Court of Appeals Reverses Decision Interpreting Stark Fair Market Value Standard

15. N.J. Assembly Passes Bill Amending Codey Law; Would Limit New Surgery Centers

16. SCHIP Bill Passed Without Legislation Intended to Shutdown Physician-Owned Hospitals

17. Device Maker NeuroMetrix to Pay $3.7M to Settle Kickback Allegations, Coding Fraud

18. Do Non-Procedural Sources of Income Apply to the One-Third Rule?

19. PHA Provides SCHIP Update, Calls for Continued Grassroots Action

20. CMS Announces Anti-Fraud Measures for Durable Medical Equipment Suppliers

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