Ober, Kaler, Grimes & Shriver, A Professional Corporation  
Ober|Kaler Health Law Alert - Fall 2005




In this Issue

From the Chair

Welcome

Guide to Terms

Ober|Kaler in Print

Pharma
CMS Delays CAP

OIG Activity
OIG Advisory Opinions

Hospitals
More GME Guidance on Nonhospital Sites

Privacy
GAO Reviews First Year Under Privacy Rule

Reimbursement
Medicare Appeals Process Overhauled

CMS Issues Draft Coverage Guidance

Proposed Changes to PRRB Appeals Procedures

Self-referral
DHS CPT Codes to Include Nuclear Medicine

FCA
FCA's Statute of Limitations Does Not Apply to FCA Retaliation Claims

No Damages Element for False Claims Conspiracy

Litigation/ADR
Univ. of Alabama Settles Research Qui Tam Suit

Don't Buy That Extra Shredder Just Yet: Document Retention After Andersen

Florida Fraud Statutes Questioned

Tax
Complications on the Horizon for Health System Parent Entities

Antitrust
DOJ/FTC Report on Antitrust in Health Care




Health Law Group

Sanford V. Teplitzky, Chair

Melinda B. Antalek

William E. Berlin

Christi J. Braun

Marc K. Cohen

Thomas W. Coons

John J. Eller

Joshua J. Freemire

Leslie Demaree Goldsmith

Lindsay E. Greenwood

Carel T. Hedlund

S. Craig Holden

Leonard C. Homer

Thomas K. Hyatt

Julie E. Kass

Paul W. Kim

John F. Lessner

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

Steven R. Smith

Howard L. Sollins

E. John Steren

Chiarra-May Stratton

Emily H. Wein

James B. Wieland

Editorial Assistant:
Michele Vicente, Paralegal

 

Welcome

Paul KimWith this issue of the Health Law Alert, we welcome three new attorneys to our DC office. Paul W. Kim joined the firm in the spring after working for a large national firm. Paul serves as Counsel and represents health care providers, manufacturers, researchers, and payors. He advises clients in all aspects of health law from corporate compliance to reimbursement issues.

Before entering private practice, Paul worked as a Medicare Policy Analyst at CMS. He developed and drafted various Medicare payment regulations and policies. In particular, he codified the Medicare rule on "incident to" services. Paul also worked as a Medicaid Policy Analyst for the Medical Care Policy Administration, Maryland Department of Health & Mental Hygiene. Paul obtained formal education and training in both foreign and US health care systems through the Johns Hopkins University where he holds a Master of Public Health. He earned his legal credentials from the University of Maryland School of Law.

Paul is an active member of the American Health Lawyers Association, American Bar Association, and Maryland State Bar Association, and is a frequent writer and lecturer on health care issues.

Chiarra StrattonChiarra M. Stratton joins the Department as an associate after practicing in the health law group of another DC law firm. Chiarra served as a judicial intern for the Honorable John H. Bayly, Jr., in the Superior Court of the District of Columbia, and as a health policy intern for the Honorable Garnet F. Coleman, Texas House of Representatives. She also served in the HIV / AIDS Bureau of HHS as a health policy intern. A graduate of St Louis University (BA, cum laude, 1997) and The Catholic University of America, Columbus School of Law (JD, 2003), Chiarra is a masters of public health candidate at the University of Texas - Houston School of Public Health. Chiarra's practice focuses on transactions, compliance and regulatory matters, and tax-exempt organization issues for health care providers.

Lindsay E. Greenwood joins us as an associate from Katten Muchin Rosenman LLP, where she counseled businesses, physicians, and other health care providers and suppliers on transactional and regulatory matters related to fraud and abuse, Medicare reimbursement, and HIPAA. Lindsay is a 2001 graduate of the DePaul University College of Law, where she received a Certificate in Health Law. In 1998, Lindsay earned her Bachelor of Science degree in Health Science Education with a concentration in Community Public Health, from the University of Florida.

Joshua FreemireJoshua J. Freemire joined us in September. Josh is a graduate of the University of Maryland School of Law (with honors, 2005) where he wrote for "The Business Lawyer," and Trinity College (2001).

Christi BraunLast we welcome associate Christi J. Braun who joined our Litigation practice in October. Christi is a graduate of the Boston University School of Public Health (MPH, 2001), Boston University School of Law (JD, 2001), and Creighton University (BA, summa cum laude, 1998). She majored in Political Science and minored in Premedical Studies. Christi joins us from the Federal Trade Commission, Bureau of Competition, Healthcare Services & Products Division where she conducted investigations of, and litigated complaints against, health care service providers, insurance companies, and medical products corporations relating to alleged violations of antitrust law.

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