The Center for Medicare and Medicaid Services (“CMS”), on July 2nd, published their thoughts relating to the impending Stark III Rules. In addition to certain specific proposed rules, CMS solicited comments on several areas of concern. These proposed Stark III…
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Health care systems often develop medical director arrangements on an ad hoc basis as the relationships between the system and particular specialists evolve. Because these arrangements can differ greatly from specialty to specialty in compensation and responsilbilities, they can raise…
During 1998 and 1999, the Office of the Inspector General ("OIG") issues a total of 33 advisory opinions. These advisory opinions cover a broad range of topics. Many of the opinions are extremely instructive to the health care lawyer in terms…
The Department of Health and Human Services Office of Inspector General ("OIG") recently issued final guidance on a host of issues relevant to voluntary compliance programs for small practices. Released September 25, 2000, the OIG Compliance Program Guidance for Individual…
Allegations of provider group boycott activity are increasing as health care professionals respond to the growing market power of third part payers and other manages care entities.
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A recent New York State hospital transaction highlights the challenging problem which the Board of Directors of a not-for-profit institution faces in the context of a sales transaction.1 In Manhatten Eye, Ear & Throat Hospital ("MEETH"), the Court denied the…
Magnetic resonanace and other imaging ventures that include physician owners can be characterized principally into two types. First, there are imaging ventures that include only radiologists as owners.
This article provides a summary and update of a number of issues relative to tax-exempt health care issues that relate to the health care industry. During the 2001 tax year, the Internal Revenue Service ("IRS") and the courts have issued…
Over the last few years, the Internal Revenue Service ("IRS") and various courts have provided substantial guidance regarding tax-exempt entities, including requirements relating to the treatment of exempt income and the methods by which private interests may be balanced with…
On behalf of the City of Joliet, its citizens, and the entire Joliet community, we write to call your attention to the plans of Silver Cross Hospital and its administration to close our community hospital in Joliet. For more than…