Ober, Kaler, Grimes & Shriver, A Professional Corporation
Ober|Kaler Health Law Alert - Spring/Summer 1999




In this Issue

From the Chair

Welcome

Guide to Terms

Ober|Kaler in Print

OIG Activity
OIG Issues First Six Advisory Opinions for 1999

New Healthcare Integrity and Protection Data Bank

Compliance Program Guidance for Third-party Medical Billing Companies

DME Suppliers Get Compliance Program Guidance from OIG

Physicians May Share Liability in False DME and Home Health Certifications

New Safe Harbor Authority for Inducements to Beneficiaries

HCFA Developments
Physician Partners May Make Referrals to Partnership for Eyeglasses Following Cataract Surgery

Long Term Care
Hospital-Skilled Nursing Facility Relationships: Reassessment and Transition

New Regulations Allow HCFA Freer Use of CMPs Against Nursing Homes

Revised LTC Survey Procedures and Protocols

Tax Issues
Final Rules on Public Disclosure of Tax-exempt Organization Information

IRS Guidance on HMO Tax Exemption

Litigation
Why the Health Care Industry Should Be Concerned About the Economic Espionage Act of 1996

Business Issues
Medicare, Billing Companies, and Percentage Fees

Increased Opportunities for Federal Contracts: Proceed with Caution

Health Care Technology Report
2K or Not 2K: ADR Alternatives to Y2K Litigation

 

From the Chair

Sandy Teplitzky, Ober|Kaler Health Law Group ChairNot surprisingly, developments in fraud and abuse issues continue to draw headlines. We understand that a number of requests for advisory opinions are pending; thus we expect the pace of advisory opinions will quicken. We also understand that over two dozen filings have been made under the OIG's new voluntary disclosure protocol. The first was recently reported to have been resolved with no penalties imposed. The health care industry and bar await the resolution of additional disclosures to evaluate the protocol's credibility and viability.

The Health Subcommittee of the House Ways & Means Committee held a hearing in May to discuss potential changes to the Stark law; we anticipate proposed legislation will be introduced in the near future as a result of the Subcommittee's findings. Unfortunately, the stall in advisory opinions under Stark has left many unanswered questions. HCFA promised the Subcommittee that it will work to finalize implementing regulations by May 2000.

As December 31, 1999 quickly approaches, health care technology issues remain in the forefront, and efforts to obtain Y2K compliance continue at a feverish pace. This issue presents alternatives to litigation in the inevitable Y2K actions that will arise with the onset of the new century.

In the category of "you can run but you can't hide," I am pleased to announce Jim Wieland's return to our Health Law Department. Jim moved his practice to the west coast ten years ago, where he continued to build upon his national reputation and experience. His return strengthens our ability to assist clients, especially physicians, in sophisticated regulatory and transactional matters.

We hope that you find this issue of the Health Law Alert to be helpful and informative. As always, we welcome your comments and suggestions.

Sandy Teplitzky, Department Chair

Copyright© 1999, Ober, Kaler, Grimes & Shriver