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Ober|Kaler Health Law Alert - Fall/Winter 2003




In this Issue

From the Chair

Welcome

Guide to Terms

Ober|Kaler in Print

OIG Activity
Contractual Joint Ventures Scrutinized Anew

OIG Tackles Discount Issues

Beware of Misuse of "Medicare" in Marketing Practices

OIG States Position on DME Telemarketing

OIG Advisory Opinions

CMS Developments
Final Outlier Rule to Curb Abuses

Proposed Medicare Enrollment Rule

Group Therapy: Seeing Through the Murky Water?

Long Term Care
Security Issues for Long Term Care Providers

Pharma
NPIA Exempts Resales to Hospital Workers

Compliance
Compliance Guidance for Pharmaceutical Manufacturers

Boards' Role in Compliance Clarified

Privacy
Final HIPAA Security Standards

Reimbursement
Earlier Wage Index Deadlines in Place

Provider-based Rules Take Effect

FCA
"Person" Under FCA Varies - Even in Same Case

Contractual Remedy Precludes FCA Liability

Courts Interpret "Public Disclosure" Bar of Qui Tam Suits

Litigation
Hospital Pleads Guilty After Ignoring Fraud

"Lick and Stick" Allegations Yield Nation's Largest Medicaid Fraud Settlements

 

Welcome

Steve Smith of Ober|Kaler's Health Law DepartmentIn this issue of the Health Law Alert, we welcome three new lawyers to our Washington, D.C. office. As a former member of the executive team for the largest provider of health care services in Prince George's County, Ober|Kaler principal Steve Smith's considerable experience focuses on health care regulatory matters, insurance and risk management, HIPAA, and other legal issues associated with hospital operations.

Actively involved in professional and community affairs, Steve is a member of the American College of Healthcare Executives, American Health Lawyers Association, and American Society for Healthcare Risk Management, and the Maryland Hospital Association Legislative Workgroup.

Bill Berlin of Ober|Kaler's Health Law DepartmentWilliam Berlin joins Ober|Kaler as a principal with 15 years of antitrust and litigation experience. Before joining the firm, Bill was a trial attorney with the Health Care Task Force of the US Department of Justice, Antitrust Division. In private practice, Bill will counsel and defend clients in investigations by federal and state antitrust enforcement agencies and in litigation with private parties and government agencies. He will represent firms in connection with acquisitions, joint ventures, and other forms of affiliation.

Associate Meredith Melmed joined us in June. She provides transactional guidance to physician groups and other health care entities. Her experience includes advising clients on regulatory and compliance issues. Meredith is a graduate of Southern Methodist University of Law (J.D., 1998) and Sweet Briar College (B.A., cum laude, 1995). She is a member of the State Bar of Texas and District of Columbia Bar. Meredith is active in the American Health Lawyers Association.

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