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
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Ober|Kaler in Print
Sandy
Teplitzky was featured
on the front page of the May 17,
1999 issue of The
National Law Journal in
"Health Law
Boom," an article
discussing the changes that have
taken place in health law
practices since the DOJ made
health care fraud a priority,
such as the growth in the size of
Ober|Kaler's health law
department to 38 attorneys in
1999, up from 24 in 1995 and 18
in 1993.
Rob Mazer
published an article
entitled "Compliance
Perspectives, Who Can Bill for
Referred Tests - Simple Question,
No Easy Answers" in
the February 1999
"Compliance
Perspectives" column of the Washington
G-2 Compliance Report.
Sandy
Teplitzky was quoted by Report
on Medicare Compliance in
a February 14, 1999 article,
entitled "Copay
Waiver Passes OIG Muster,"
regarding OIG Advisory Opinion
99-1.
An article
written by Robert Wells,
"The Use of
Arbitration in Director and
Officer Indemnification
Disputes," was
listed as a corollary reference
in the chapter covering
indemnification in Liability
of Corporate Officers and
Directors (6th
ed.) (Lexis Law Publishing,
Publisher).
Leslie
Goldsmith was quoted by Report
on Medicare Compliance in
three articles: "Appeal
Cost Report When Possible, Given
U.S. Supreme Court Case,"
which concerned a recent Supreme
Court ruling involving the
reopening of cost reports; "HCFA
Ruling Limits Ability of
Hospitals to Offset Interest
Income on Cost Reports,"
which addressed a HCFA ruling
involving the offset of operating
interest expense on cost reports;
and "Feds Look
Behind Medicare Cost Reports For
Signs of Fraud As Enforcement
Grows," which
focused on the government's
increased scrutiny of cost
reports for fraud claims and
specific problem areas-including
cost shifting into reimbursable
cost centers and claiming
nonreimbursable costs as
reimbursable costs.
Tom Hyatt
authored a monograph for
the American Health
Lawyers Association entitled:
"Healthcare Joint
Ventures and Tax Exemption:
Current Issues."
Howard Sollins
was quoted in the March 11, 1999 Report
on Medicare Compliance,
in an article concerning OIG
Advisory Opinion 99-2, "OIG
Warns Against Swapping Non-PPS
and PPS Discounts for Nursing
Home Services."
Sandy
Teplitzky's article on
the OIG's Voluntary Disclosure
Protocol, originally printed in
the Fall 1998/Winter 1999 Health
Law Alert, was reprinted as "Voluntary
Self-disclosure Protocol Poses a
Dilemma" in the
March 29, 1999 National
Health Law Journal.
Look for the 1999
Cumulative Supplement to
Tom Hyatt's
book, The Law of
Tax-Exempt Healthcare
Organizations
(John Wiley & Sons,
Publisher).
Robert
Wells was cited for his
research assistance in None
of Your Business: World Data
Flows, Electronic Commerce, and
the European Privacy Directive,
co-authored by recently named
White House Counselor for
Privacy, Peter Swire
(Brookings Institution Press,
Publisher).
and elsewhere
Marty
Rogers appeared on CNN's
Burden of Proof twice
recently: first, to discuss the
tragedy in Littleton, Colorado
and the question of whether local
police had cause to investigate
the suspects prior to the
shootings; and a second time to
discuss the mistrial in the
perjury prosecution brought by
the Office of Independent Counsel
against Julie Hiatt Steele and
the question of whether such a
case should have been brought at
all.
At the Health
Care Fraud 1999 conference
sponsored by the American
Bar Association and the National
Association of Medicaid Fraud
Control Units, Tom
Coons presented "Health
Law Update" and Marty
Rogers presented "Anatomy
of an Investigation."
Laura
Callahan was awarded an Advanced
Certificate in Health Policy
from the University of
Maryland.
At the annual AHLA
Institute on Medicare and
Medicaid Payment Issues
in Baltimore, Carol
McCarthy co-presented "Case
Study on Physician Networks";
Tom Coons co-presented
"Fundamentals of
Medicare Part A and Part B
Payment"; Craig
Holden co-presented "Monitoring
OIG Corporate Integrity
Agreements"; Len
Homer co-presented "Billing
and Documentation Issues that
Become the Basis for False
Claims"; and Jim
Wieland co-presented "Carrier
Payment Issues for
Physicians."
Tom Coons
is assuming the position of
Co-chair of the AHLA
Institute on Medicare and
Medicaid Payment Issues from
Len Homer, who
has stepped down after 21 years
of service in that position.
Rob Mazer
presented "Billing
Service Arrangements"
at the AHLA Physicians
and Physician Organizations Law
Institute; "Business
Issues in Representing
Physicians" at "Advising
Health Care Professionals" sponsored
by the Maryland Institute
for Continuing Professional
Education of Lawyers;
and "Featured
Program-Status Update on Payors
in Maryland" at the
Maryland Medical Group
Management Association Third
Party Relations Meeting.
Marty
Rogers presented "Anatomy
of an Investigation" at
the ABA Health Care Fraud
1999 conference in
Miami.
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