Ober, Kaler, Grimes & Shriver, A Professional Corporation  
Ober|Kaler Health Law Alert - Fall 1998/Winter 1999




In this Issue

From the Chair

Welcome

Guide to Terms

Ober|Kaler in Print

OIG Activity
OIG Issues Guidance on Provider Voluntary Disclosure

Revised Laboratory Compliance Plan Offers Guidance for Labs and Other Health Care Providers

OIG: Honest Billing Errors Will Not Be Punished

HCFA Developments
First Advisory Opinion Under the Stark Legislation

HCFA's Goal for Program Integrity: "Pay It Right the First Time"

GAO Report Underscores Unjust Use of False Claims Act

Stark II: How HCFA's Proposed Regulations Affect Infusion Providers

National Medicare Fraud Alerts Issued

HCFA Finalizes Rules for Medically Directed Anesthesia Services

Reimbursement Issues
HCFA Proposes Hospital Outpatient PPS Regulations

New Outpatient Department and Provider-based Standards Proposed

PRRB Offers Mediation to Speed Appeal Resolution

Long Term Care
Prosecuting Quality of Care Cases Under the False Claims Act

Changes in Nursing Home Survey Process

Long Term Care Providers Must Screen Employees to Better Protect Patients

Litigation
Certifications Submitted to Medicare Trigger FCA Liability

Business Issues
Compliance Plans May Fulfill Internal Control Requirements in Financial Audits

Y2K in Health Care
Y2K: Not Just A Computer Problem

 

From the Chair

Sandy Teplitzky, Ober|Kaler Health Law Group ChairOnce again, we find that there is no shortage of developments to bring to your attention. In fact, the developments are so numerous that we have taken specific steps to present them in a more manageable format. First, we combined our fall and winter issues so that a majority of the developments are addressed in a single document. Second, we developed a separate, special supplement to the Health Law Alert to present our analyses of the most recent advisory opinions issued by the OIG, a summary of the OIG regulations implementing the advisory opinion process, and an overview of the OIG's 1999 Work Plan. Further, in an effort to make the special supplement a helpful resource tool, we included our analyses of all OIG advisory opinions issued since the inception of the advisory opinion process in 1997.

The OIG's publication of a voluntary disclosure protocol is, in our view, one of the key developments in recent months. As noted in my article appearing in this issue, the protocol contains a number of issues to which a provider should give considerable thought before making a determination as to whether voluntary disclosure is appropriate in a particular case. However, we view the development of such a process as a positive development and one which may ultimately assist all health care providers who identify inadvertent and/or unintentional overpayments.

I am pleased to announce the return of Tom Coons to our Health Law Department after 19 years with the Office of General Counsel, Health Care Financing Division. In fact, Tom joined OGC within a couple of months of my joining Ober|Kaler. We have confirmed that Tom's return to the firm will not require my return to the government.

I am also very pleased to welcome Lisa Ohrin and Robert Wells. I am confident that their background and experience will bring additional value to our many friends and clients.

On a personal note, please accept our best wishes for a happy and healthy New Year.

Sandy Teplitzky, Department Chair

Copyright© 1999, Ober, Kaler, Grimes & Shriver