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Vol. 13, No. 1-20, pp. 1-824 Jan. 14 - Oct. 21, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ABA
N.Y. Medicaid family planning claims unallowable, IG finds overpayments due to ineligible services, 768
Drugs and alcohol
See SUBSTANCE ABUSE
See ELDER ABUSE
Alaska agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled nursing home residents, 354
Health care reform
ASCs, effective date of participation based on date Form 855B is complete (Departmental App. Bd., Civil Remedies Div.), 677
Clinical laboratories, CLIA certification Federally qualified health centers, satellite locations properly denied status (Dep't Appeals Bd.), 159 Former general counsel of Tenet Healthcare allegedly violated FCA by submitting false certifications to Medicare, trial rescheduled (S.D. Fla.), 550 FQHCs
CMS acceptance of application as complete basis for effective date, sustained (Departmental App. Bd., Civil Remedies Div.), 677
Effective date of participation upheld (Departmental App. Bd., Civil Remedies Div.), 677 Hospitals
Date provider meets all federal requirements is effective date, determination upheld (Departmental App. Bd., Civil Remedies Div.), 638
Joint Commission accreditation not enough, intermediary must approve Form 855A for Medicare participation eligibility (Departmental App. Bd., Civil Remedies Div.), 638 Participation date linked to approval of Form 855A (Departmental App. Bd., Civil Remedies Div.), 315 NCQA URAC
Hospital-acquired infections
See HOSPITALS
Safety of hospitalized Medicare patients, concerns justified, IG study, 11
Chiropractors' association may advertise and provide referrals without anti-kickback law penalties, advisory opinion, 768
Compliance plan not enough to avoid enforcement according to government attorneys, BNA Special Report, 788 Off-label use promotions
See OFF-LABEL USE
Ambulance services
Exclusive contract agreements between ambulance companies and local governments allowed, 714
Hospital's proposal to subsidize cooperative no basis for sanctions, 664 Joint venture arrangement to serve county allowed, advisory opinion, 800 Villages' arrangement for insurance-only billing for backup transportation not ground for penalties, 347 Call coverage, on-call payments for physicians who treat uninsured patients do not violate anti-kickback law, BNA Special Report, 446 Chiropractors' association may advertise and provide referrals without penalties, advisory opinion, 768 Group practice arrangement presents no kickback concerns, 10 Joint venture between hospital and orthopedic surgeons group to own ASC poses minimal risk of fraud, advisory opinion, 627 Medigap insurers contracting with hospitals to create preferred provider networks no basis for sanctions, 627 Patient assistance programs
Nonprofit group can help needy patients pay cost-sharing amounts for advanced diagnostic testing for HIV and colon cancer without risking penalties, 423
Part D copayment subsidy for needy patients by state board would not merit penalties, advisory opinion, 663 Pharmaceutical company may provide certain products to large DSH hospitals without penalties, 628 Tax revenues may cover county residents' emergency services cost sharing requirement, 9
Nurses allege termination due to bias and retaliation for reporting unsafe conditions (D. Colo.), 597
Attorney given 3-year prison term for illegal distribution of HIV drug (D.N.H.), 436
Fla. infusion clinics
Clinic owner sentenced to nearly four years and restitution (S.D. Fla.), 275
Dementia alleged, physician competent to stand trial (S.D. Fla.), 206 Employee convicted in $12M Medicare billing scheme (S.D. Fla.), 673 Five-state scheme alleged, MA insurers billed $22M for treatments (S.D. Fla.), 391 Guilty plea to Medicare billing fraud, In Brief, 25; co-owners enter guilty pleas (S.D. Fla.), 77; jury convicts doctors and medical assistants (S.D. Fla.), 239; physician and two assistants receive multi-year prison terms, 637 Indictment unsealed, 3 operators accused of Medicare fraud involving kickbacks and manipulated blood samples (S.D. Fla.), 312; three defendants plead guilty, 632 Miami physicians indicted for bogus treatments (S.D. Fla.), 151; doctors and clinic employees plead guilty, 238; co-owner/physician and chemist plead guilty, 274; chemist and others sentenced to prison, 470; physician sentenced to 8 years in prison plus $9M restitution, 551 Pharmaceutical wholesaler, owner pleads guilty to Medicare billing scheme (S.D. Fla.), 109 Physicians convicted of billing for rarely-used, expensive medications (S.D. Fla.), 675 Shell-company scheme, jury finds clinic owners guilty (S.D. Fla.), 808 Stolen prescription pads, Fla. man pleads guilty to forging physician prescriptions for high-cost cancer and HIV prescriptions and reselling drugs (N.D. Ga.), 809 Subdosing due to drug dilution, physician pleads guilty (C.D. Cal.), 214
Hospice care, Birmingham firm settles Medicare fraud claims (N.D. Ala.), 75
Kyphoplasty, hospitals agree to pay to settle FCA allegations (W.D.N.Y.), In Brief, 777 Medicaid
AWP suits
AstraZeneca, GlasxoSmithKline and Novartis win on appeal, verdict reversed (Ala.), 811
Sandoz ordered to pay $78.4M (Ala. Cir. Ct.), 209 Six more companies settle (Ala. Cir. Ct.), 438 State and 5 drug makers settle suit (Ala. Cir. Ct.), 26
Medicaid, owner of nursing service pleads guilty to theft and sentenced to prison and restitution (Alaska Super. Ct.), 686
Nursing homes, state agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled residents, 354
Diverted in transit, EMTALA claim proceeds for uninsured ectopic pregnancy patient (U.S., rev den), 79
Exclusive contract agreements between ambulance companies and local governments allowed, advisory opinions, 714 Hospital's proposal to subsidize cooperative no basis for sanctions, advisory opinion, 664 Joint venture arrangement to serve county allowed, advisory opinion, 800 Medicaid billings vulnerable to fraud despite state oversight efforts, IG report, 461 Nonemergency ESRD patients
False representations about patients transported to dialysis treatments, Tex. couple convicted (E.D. Tex.), 735
Firm owners sentenced to prison, restitution, and forfeiture (S.D. Tex.), 396 Indictment of owner and manager for filing false claims announced (N.D. Tex.), 476 Prison term of 97 months upheld for owner convicted of Medicare and Tex. Medicaid fraud (5th Cir.), 152 Tax revenues may cover county residents' emergency services cost sharing requirement, advisory opinion, 9 Villages' arrangement for insurance-only billing for backup transportation not ground for penalties, advisory opinion, 347
Effective date of participation for ASC based on date Form 855B is complete (Departmental App. Bd., Civil Remedies Div.), 677
Joint venture between hospital and orthopedic surgeons group to own ASC poses minimal risk of fraud, advisory opinion, 627 Self-referrals, bill regulating physicians passed by state senate, 26; N.J. lawmakers pass bill to create safe harbors for ASCs referrals, 113; governor signs new law putting restrictions on licensing and self-referrals, 280 State licensing requirements not met, ASC status denial upheld (Dep't Appeals Bd., Appellate Div.), 156
Conferences
Meetings
Out-of-network fees
CIGNA and Aetna databases used for reimbursement, medical societies also file class actions alleging knowing underpayment (D.N.J.), 168
Wellpoint sued by AMA and several state medical groups (C.D. Cal.), 283
CMS accurately adjusted temporary Medicaid matching fund increases, IG report, 424
Expansion of federal fraud laws to cover stimulus package funds HHS Inspector Gen., annual work plan for FY2010 includes mandated reviews, 770 HIPAA
Contract and policy changes needed, lawyers say, 304
Health IT funding, BNA audioconference, 215 HHS Civil Rights Office to enforce security rule, 630
Alaska agency and HHS Civil Rights Off. sign equal transportation access agreement to benefit disabled nursing home residents, 354
Deferred prosecution agreements, further guidance governing corporate monitors needed, 288
DME industry faces increased oversight and enforcement, 327 FERA: a giant leap forward for False Claims Act enforcement, 567 Health care fraud enforcement: Congress invests in fraud recovery efforts to help reform and strengthens False Claims Act, 609 Health care sector experience with compliance, a model for entities receiving covered funds under ARRA, 216 Medicare Recovery Audit Contractor Program demonstration project, key issues and lessons learned, 173 OIG's new changes to the self-disclosure protocol, 523 Private-public partnership to fight fraud should be more integral to reform, 695 Recession's effect on health care fraud: the challenge of maintaining effective compliance in a down market, 752 Reform bills would change compliance efforts from voluntary to mandatory, 692 Voluntary disclosure, Chicago hospital settles after reporting potential FCA violations related to sale, 44
Dentist, Medicare provider status improperly denied where applicant was licensed by state as anesthesiologist (Dep't Appeals Bd.), 162; upheld (Departmental App. Bd., App. Div.), 397
Kickbacks, qui tam suit proceeds over group arrangement with hospital where Stark Law exception was not met (3d Cir.), 67
Ambulance services
Exclusive contract agreements between ambulance companies and local governments allowed, advisory opinions, 714
Hospital's proposal to subsidize cooperative no basis for sanctions, advisory opinion, 664 Joint venture arrangement to serve county allowed, advisory opinion, 800 Villages' arrangement for insurance-only billing for backup transportation not ground for penalties, advisory opinion, 347 Celexa and Lexapro allegedly marketed for pediatric patients, U.S. intervenes in whistleblower suits, 2 cases (D. Mass.), 205; cases dismissed after drugmaker agrees to settle suits with government and qui tam plaintiffs, 807 Chiropractors' association may advertise and provide referrals without penalties, advisory opinion, 768 Clinical laboratory kickbacks to doctors for referrals, operators sentenced to 15-month prison terms (D.N.J.), 554 Criminal conspiracy complaints against joint implant makers dismissed due to business practice reforms, 4 cases (D.N.J.), 267 Embezzlement, medical center employee and physician recruiting service owner sentenced to prison (N.D. Tex.), 359 Employment of mental health practitioner who was paid market value for building does not violate law, advisory opinion, 305 ESRD, nutritional supplement program expansion not basis for penalties, advisory opinion, 538 Foreign Corrupt Practices Act Healthways Inc. agrees to pay to settle qui tam claims (M.D. Tenn.), 234 Home health care
Beneficiary numbers obtained by kickbacks and bribes, Fla. operators and agencies indicted (S.D. Fla.), 506
Scheme to defraud Medicare, former agency owners plead guilty (E.D. Mich.), 676
Anesthesiology group arrangement, qui tam action proceeds where Stark Law exception was not met (3d Cir.), 67
Outpatient testing access and cardiology group revenues link, qui tam suit proceeds (S.D. Ohio), 74; motion for interlocutory appeal denied, 202; motion to dismiss denied, 394 State and federal intervention in FCA whistleblower suit involving St. Louis detoxification services management firm and N.Y. facilities (E.D.N.Y.), 15 Tulare (Cal.) Local Healthcare District settles FCA suit brought by former chief financial officer (C.D. Cal.), 633 Joint venture between hospital and orthopedic surgeons group to own ASC poses minimal risk of fraud, advisory opinion, 627 LTC, nursing chain agrees to pay to resolve allegations (N.D. Miss.), 806 Medical devices, Stryker's motion to quash kickbacks probe subpoena dismissed on jurisdictional grounds (D.N.J.), 148 Medigap insurers contracting with hospitals to create preferred provider networks no basis for sanctions, advisory opinion, 627 Medline Indus. Inc., former employee's claims donations made by charitable foundation were kickbacks not sufficiently specific, suit dismissed (N.D. Ill.), 431 Pacemaker manufacturer allegedly engaged in elaborate scheme to compensate physicians for use, federal officials considering whether to intervene (S.D. Fla.), 204 Patient assistance programs
Nonprofit group can help needy patients pay cost-sharing amounts for advanced diagnostic testing for HIV and colon cancer without risking penalties, advisory opinion, 423
Part D copayment subsidy for needy patients by state board would not merit penalties, advisory opinion, 663 Pharmaceutical company may provide certain products to large DSH hospitals without penalties, advisory opinion, 628 Physical therapy clinic operator's sentence to prison and restitution for violating anti-kickback law upheld (5th Cir.), 272 Physicians
Call coverage, on-call payments for physicians who treat uninsured patients allowed, advisory opinion, BNA Special Report, 446
Group practice arrangement presents no kickback concerns, advisory opinion, 10 Medical devices, NeuroMetrix pays millions to settle, 141 Psychiatric facility, former CEO and physician convicted of participating in conspiracy (N.D. Ill.), 552 Radiology centers, state attorney general settles with 14 centers, 112 Safe harbors
See SAFE HARBORS
Being refined to focus on kickbacks, IG open letter to industry, 258
Recent settlements announced, 666 Significant modifications, BNA Analysis & Perspective, 523
Harborside Healthcare agrees to pay to resolve allegations (N.D. Miss.), 806
McKesson subsidiary and others, government allegations sufficient to partially deny motion to dismiss suit (N.D. Miss.), 808 Spinal surgery devices, amended qui tam complaint allowed in suit against supplier (E.D. Ark.), 70 Substance abuse, state and federal intervention in FCA whistleblower suit involving St. Louis detoxification services management firm and N.Y. hospitals (E.D.N.Y.), 15 Univ. of Medicine and Dentistry of New Jersey
Cardiologists settle kickbacks for referrals allegations, 766; medical school agrees to pay to settle kickback charges, 766
Medicaid fraud allegations settlement (D.N.J.), 469
Average wholesale price inflation of prostrate cancer treatment, $12.9M judgment against AstraZeneca affirmed (1st Cir.), 773
Average wholesale price publications, revised settlement of suit against First DataBank Inc. and Medi-Span approved (D. Mass.), 236; chain drugstore group will appeal settlement, 356; trade group for community pharmacists seeks stay of final approval, 389; court gives final approval to settlement, 633; pharmacy industry attempt to overturn settlement fails (1st Cir.), 720 FTC Red Flags Rule, BNA audioconference, 320 GPOs, financial relationships data requested by Senate panel, 665 Immucor Inc. subject of Justice Dep't probe of blood reagents industry, 386 Johnson & Johnson reveals it and subsidiary Ortho-Clinical Diagnostics received subpoenas related to investigation, 386 Orthopedic devices, claims against major manufacturers dismissed (W.D. Pa.), 268
Denial of payment for new SNF admissions upheld, hearing request not timely (Departmental App. Bd., Civil Remedies Div.), 638
Independent diagnostic testing facility, rejection of enrollment application not final adverse decision, request for review denied (Departmental App. Bd., Civil Remedies Div.), 638 Interlocutory, motion in FCA qui tam suit would lead to unnecessary delay (S.D. Ohio), 202; motion to dismiss denied, 394 Medicare Recovery Audit Contractor Program, pilot program appeals exceeded expectations, report, 7 Patient lifts reclassified as DME, LCD complaint dismissed (Departmental App. Bd., Civil Remedies Div.), 315 Proposal to terminate provider agreement withdrawn, hospital has no right to ALJ hearing (Departmental App. Bd., App. Div.), 737 Qui tam actions, 30-day filing notice applies when U.S. does not intervene in FCA suit (U.S., judg aff), 464 Recoupment of Medicare overpayments would be barred during requested redetermination, In Brief, 710 State registry of individuals charged with abuse, hearing request to expunge name denied because IG did not exclude petitioner (Departmental App. Bd., Civil Remedies Div.), 315
Nevada-based doctor and assistant charged in illegal prescription drug investigation (Ariz. Super. Ct.), 605
Kickbacks solicited from neurosurgery equipment supplier, amended Medicare and Medicaid violations qui tam complaint allowed (E.D. Ark.), 70
EMTALA, no claim where Naval Hosp. patient screening was adequate (E.D. Va.), 81
TRICARE
See TRICARE
See AMBULATORY CARE
Caregiver convicted of forging checks on personal bank accounts of residents, exclusion affirmed (Departmental App. Bd., Civil Remedies Div.), 315
Burden of proving plaintiff was original source in FCA case not met by asserting privilege to bar court from learning how her attorney first learned of billing practices (7th Cir.), 550
Ala., Medicaid generic drug cases against pharmacies filed by private lawyers in name of state dismissed by attorney general, 812
Attorney-client privilege Criminal prosecution
Confidential information allegedly used to solicit clients, N.Y. lawyer and public hospital employees arrested for data bribery scam, 782
Illegal distribution of HIV drug, lawyer given 3-year prison term (D.N.H.), 436
False certifications to Medicare alleged, FCA trial rescheduled (S.D. Fla.), 550
Ordered to pay $120,000 for inflated outlier revenues in SEC filings (C.D. Cal.), 550
Physician's prison sentence for fraud upheld as court rejects argument (C.D. Cal.), 151
Sworn statement she was satisfied with performance defeats claim (E.D. Va.), 510 U.S. ordered to show why court should not vacate conviction of nursing facility owner (N.D. Cal.), 266
Inappropriate conduct by CMS counsel, SNF penalty reduced and fees awarded (Departmental App. Bd., Civil Remedies Div.), 162; CMP reinstated and fee award reversed (Departmental App. Bd., App. Div.), 737
Qui tam action against DME company not frivolous, motion for fees denied (M.D. Fla.), 393
Comprehensive and targeted, CMS official discusses types, 382
DSH payments, additional requirements under final CMS rule, 12; association urges extension of deadline, 385 Electronic medical records, challenge of ensuring integrity, 819 HealthSouth, Ernst & Young settlement of securities class action approved (N.D. Ala.), 268 IG
See generally INSPECTOR GENERAL (IG), HHS
N.Y. Medicaid enrollees also in other states' plans, comptroller finds $28.4M in payments, 210 Obstruction, St. Louis podiatrist pleads guilty (E.D. Mo.), 276; prison sentence, home confinement, and fine, 515 Recovery audit contractors (RACs)
Allstate settles nationwide class action related to medical billing review system's allegedly incorrect calculations for auto and homeowner claims (Ill. Cir. Ct.), 689
Chiropractic and physical therapy services, Allstate's complaint charging submission of fraudulent invoices dismissed (D. Conn.), 35 Medical billing company owner pleads guilty to participating in fraud scheme (D.N.J.), 562 Staged accidents
Chiropractors sentenced to prison, 2 cases (S.D. Fla.), 690
Fla. man pleads guilty to scheme that billed private insurers for purported injuries in staged accidents (S.D. Fla.), 362; prison sentence of 14 years and $3M forfeiture, 608 Medical clinic, management company, and their owners ordered to pay Allstate $1.5M (S.D. Fla.), 745 New York
Ins. Dept. highlights staged accidents among 2008 recoveries, 210
Physician convicted of running no-fault insurance scam (N.Y. Sup. Ct.), 215 RICO suit against medical services companies and DME suppliers may proceed (E.D.N.Y.), 786
Jury award of $15.4M by jury in RICO suit against health care providers (E.D. Pa.), 283
Mich. no-fault law, suit alleging fraudulent billings by rehabilitation clinic may proceed (E.D. Mich.), 483 RICO suit against medical services companies and DME suppliers may proceed (E.D.N.Y.), 786 Secondary payers, insurer did not avoid duty to reimburse Medicare under MSP statute, suit dismissed (D. Idaho), 674
Ala. Medicaid
Sandoz ordered to pay $78.4M (Ala. Cir. Ct.), 209
Six more companies settle (Ala. Cir. Ct.), 438 State and 5 drug makers settle (Ala. Cir. Ct.), 26 Johnson & Johnson Remicade and Procrit claims dismissal, trial court failed to adequately explain rationale, reversed and remanded (1st Cir.), 772 Ky. Medicaid
Amgen agrees to pay to settle price inflation charges (Ky. Cir. Ct.), 244
Jury verdict of $16M against Sandoz (Ky. Cir. Ct.), 517 Publications, revised settlement of suit against First DataBank Inc. and Medi-Span approved (D. Mass.), 236; chain drugstore group will appeal settlement, 356; trade group for community pharmacists seeks stay of final approval, 389; court gives final approval to settlement, 633; pharmacy industry attempt to overturn settlement fails (1st Cir.), 720 Utah Medicaid, state recovers $1M from drugmaker Dey, 743 Wis. Medicaid, Amgen and Immunex settle reporting charges (Wis. Cir. Ct.), 28 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |