Ober, Kaler, Grimes & Shriver, A Professional Corporation  
Ober|Kaler Health Law Alert - Fall 2001




In this Issue

From the Chair

Guide to Terms

OIG Activity
OIG Posts New CIA FAQs on Site Visits

OIG Announces FY 2002 Work Plan

OIG's Semiannual Report for First Half of FY 2001

OIG Advisory Opinions

CMS Developments
Proposed State Exemption from CRNA Supervision Requirements

Reimbursement
Final Inpatient Rehab PPS Rules

Tougher Audit Procedures Expected Under Recent PM

Long Term Care
CMS to Recover Improper Part B Payments for Part A SNF Patients

GAO Report Critiques VA's Plans to Increase Nursing Home Oversight

EMTALA
EMTALA Q&A

Pharma
OIG Reviews Medicaid Use of Revised Average Wholesale Prices

More of the Same...OIG Scrutinizes Actual Acquisition Cost of Brand Name Drugs

False Claims Act
Qui Tam News: Multiple Circuits Rule in Qui Tam Suits

Self-referral
Stark and the Maryland Referral Law

Litigation and Dispute Resolution
The Future of CIAs?

Business
FASB Issues New Accounting Rules for Goodwill

Antitrust
Health Care Antitrust: The Year in Review

Peer Review
Physician Credentialing and Peer Immunity Laws Withstand Scrutiny

Physician Focus
Yes, Physician Practices Must Provide Interpreters

Employment
Hospitals Have Opportunity to Hire Alien Nurses

Supreme Court Holds Charge Nurses Are Supervisors Under NLRA


Health Law Group

Sanford V. Teplitzky, Chair

Melinda B. Antalek

Jana L. Artnak

Laura Callahan

Jacqueline A. Carberry

Marc K. Cohen

Thomas W. Coons

Janet DiAntonio

John J. Eller

Leslie Demaree Goldsmith

Carel T. Hedlund

S. Craig Holden

Leonard C. Homer

Thomas K. Hyatt

Julie E. Kass

John F. Lessner

Catherine A. Martin

William T. Mathias

Robert E. Mazer

Carol M. McCarthy, Ph.D.

John J. Miles

Christine M. Morse

Patrick K. O'Hare

Leon Rodriguez

Martha Purcell Rogers

Laurence B. Russell

Donna J. Senft

Ray M. Shepard

Harry R. Silver

Howard L. Sollins

E. John Steren

Robert A. Wells

James B. Wieland

Jillian Wilson

Editorial Assistant:
Michele Vicente, Paralegal

 

From the Chair

Sandy Teplitzky, Ober|Kaler Health Law Group ChairAs we prepare this issue of the Health Law Alert, the thoughts of most Americans remain focused on the tragic events of September 11th and the ensuing strikes against terrorism. The thoughts and prayers of everyone at Ober|Kaler are with the survivors, the friends and families of those who have been lost, and those hundreds of Americans who risked their own lives in the rescue efforts.

While each of us must struggle to make sense of these events, if that is at all possible, the Ober|Kaler family has reached out to help others in many ways, including financial contributions by the Ober|Kaler Foundation and individual lawyers, paralegals, and staff. Additionally, we note the contributions of time and energy by individuals including Ray Shepard, who currently serves in the Air Force Reserves, as well as family members of other Ober|Kaler staff. For example, Kevin Banister, husband of Ober|Kaler paralegal Pat Banister, serves on the Pennsylvania Urban Search and Rescue Task Force, which is one of twenty-seven teams in the nation certified by FEMA for response to high rise and urban disasters. Kevin's team was one of the first units called to New York to work at Ground Zero.

As of this date, we do not know how the events of September 11th will affect the development of regulations affecting the delivery of, and payment for, health care services. Further, we are uncertain of the short-term effects, if any, on investigative and enforcement initiatives regarding health care laws, in light of the redeployment of FBI and other investigative agencies to efforts necessary to respond to the events of September 11th. However, as we know, life must go on and our clients must renew their efforts to support the infrastructure, health, and economy of our country. This issue of our Health Law Alert addresses a number of issues which, although paling by comparison to the events of September 11th, are important and meaningful to the health care industry. Further, we are continuing with our series of guidelines for preparing for, and responding to, the investigatory efforts of various law enforcement agencies. The first two documents in the series, which were included with the last Health Law Alert, provided guidance regarding "What To Do When the Government Subpoena Arrives" and "All You Need to Know About Search Warrants." We include with this issue the third document in our series, "What to Do When the Investigator Arrives." It, too, is laminated for use as a reference tool. We hope that these documents will permit you to adequately, and calmly, respond to government scrutiny — if, and when, necessary. If you would like additional copies of any of these documents, please contact us at info@ober.com.

Finally, Ober|Kaler has substantially revised and improved its website, which you can access at www.ober.com. There, you will find copies of our Health Law Alert, along with updated summaries of new developments as they occur. We have also added a detailed outline of the Phase I final Stark II regulations published last January. We hope that you will find our new website to be an even more useful resource. As always, your comments and suggestions regarding this or future issues of the Health Law Alert are greatly appreciated.

Sandy Teplitzky, Department Chair

Copyright© 2001, Ober, Kaler, Grimes & Shriver