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

 

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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