Ober, Kaler, Grimes & Shriver, A Professional Corporation  
Ober|Kaler Health Law Alert - Spring/Summer 2003




In this Issue

From the Chair

Congratulations

Guide to Terms

Ober|Kaler in Print

OIG Activity
Ober|Kaler Prompts OIG Response to Medical Malpractice Insurance Crisis

Temporary Okay for Local Transportation Programs

OIG Advisory Opinions

CMS Developments
CMS Clamps Down on Outlier Payments

Long Term Care
Ergonomics Guidelines for Nursing Homes

Nursing Home Arbitration Agreements

Criminalization of Nursing Home Abuse and Neglect

Compliance
OIG Issues Ambulance Compliance Guidance

Privacy
Interpreting the Privacy Rule for Your Organization

Organized Health Care Arrangements Under HIPAA

Reimbursement
Proposed Appeals Procedures

Revised Incident-to Carriers Manual

Self-Referral
"Set-in-advance" Definition Delayed

Recent Settlements Resolve Self-referral Allegations

FCA Claim
FCA Claim Based on Kickbacks is Rejected

Antitrust
Teaming Up Against Managed Care: Antitrust Considerations

Employment
When Duty Calls

 

Congratulations

In this issue of the Health Law Alert, we congratulate John Lessner and Janet DiAntonio, formerly Health Law Department associates, who have been elected to the firm as principals.

John F. Lessner, Ober|KalerJohn previously served as principal agency counsel to the Maryland Office of Health Care Quality, Department of Health and Mental Hygiene with the Maryland Office of the Attorney General from 1994 to 2000. He worked for the Maryland Department of Aging from 1987 to 1994. John's prior experience offers clients a unique insider's view and provides clients with the benefit of a wealth of experience in health care issues, including state and federal regulatory requirements.

John is a graduate of the University of Maryland School of Law (J.D.) and The Johns Hopkins University (B.A.). He is a board member of the Maryland Citizens Review Board for Children and an active member of the American Health Lawyers Association and the Maryland State Bar Association.

Before joining Ober|Kaler, Janet served as staff counsel for Allegheny Health, Education and Research Foundation, a Philadelphia health care system. Prior to that she was an associate in private practice. Janet's corporate experience gives her a real-world appreciation for the challenging issues clients face every day. She is able to offer clients creative yet practical solutions to transactional and e-health issues. Her years of private practice experience enable her to provide solid legal advice on fraud and abuse and Medicare reimbursement issues, and the fraud and abuse implications of business arrangements.

Janet is a graduate of Pittsburgh School of Law (J.D.) and Bucknell University (B.S.). She is an active member of the American Health Lawyers Association and serves on the Advisory Board of the University of Pittsburgh Health Law Certification Program.

2003 marks the 100th anniversary of the founding of Ober|Kaler and the start of our second century of service to clients regionally, nationally and internationally.

Ober|Kaler, 1903-2003: Forward thinking. For the Century Ahead.

We celebrate our anniversary with a year-long series of client, employee, community and philanthropic initiatives and events under the anniversary theme: Forward thinking. For the century ahead.

Founded in Baltimore in 1903, Ober|Kaler shares a rich history with Maryland, where we are headquartered and where two of our lawyers have succeeded to the office of Governor, including Maryland's governor, Robert L. Ehrlich, Jr.

In announcing our anniversary, John Wolf, president and managing director of the firm, noted "we are proud of the legacy of honor and integrity that has been the hallmark of our firm for 100 years and pledge to preserve those qualities in our second century of service to our valued clients."