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Ober|Kaler Health Law Alert - Summer 2000




In this Issue

From the Chair

Welcome

Guide to Terms

Ober|Kaler in Print

OIG Activity
Safe Harbor Will Protect Ambulance Restocking

Proposed Safe Harbor for Certain ESRD Funding Programs

Lab Discount Arrangements Not Automatically Actionable

Final Rule on CMPs for HIPAA Violations

Self-disclosing Providers May Receive More Favorable Treatment

OIG Advisory Opinions

Medicare+Choice Developments

HCFA Developments
HCFA Clarifies Enforcement SOM

Compliance Issues
OIG's Draft Compliance Program Guidance for Physician Practices

OIG Offers "Help" on Complying with CIAs

The Exit Interview

Final Nursing Home Compliance Guidance from OIG

Reimbursement Issues
National Discharge/Transfer Claims Recovery Program Nets First Settlement

Long Term Care
TWWIIA's Quiet Impact on Nursing Homes and Assisted Living Facilities

OIG Reviews Consolidated Billing Under SNF PPS

Revenue Ruling Allows Automatic Salary Deferrals to Deferred Compensation Plans

Tax Issues
Proposed Regulations Address Corporate Sponsorship Payments

Antitrust
New York Hospitals' Joint Conduct Violates Antitrust Laws

An Antitrust Analysis of Virtual Mergers

Litigation
PATH Audits May Be Challenged

Whistle Blowers May Bring False Claims Suits - Just Not Against States

Employment
New Executive Comp Package

Copyright© 2000, Ober, Kaler, Grimes & Shriver

May be reproduced with attribution.

 

From the Chair

Sandy Teplitzky, Ober|Kaler Health Law Group ChairWelcome to our summer 2000 issue. This year has seen a number of substantial developments throughout the health care industry. Clearly, developments relating to fraud and abuse continue to come fast and furious, including new proposed safe harbors, advisory opinions, corporate compliance guidance, and guidance in complying with Corporate Integrity Agreements.

This issue contains as many diverse articles as we have seen in a long time. We address the value of conducting employee exit interviews. We discuss developments relevant to tax-exempt organizations and two important antitrust issues. Last, we offer an analysis of a new stock option plan for corporate executives.

With respect to our ability to serve our clients, we have a number of new developments to report. First, we welcome Janet DiAntonio back to the department. Congratulations are in order for Laura Callahan, who passed the Maryland Bar exam. Additionally, two attorneys have joined the department. John Lessner was an Assistant Attorney General in Maryland, where he was the principal agency counsel on licensing, survey, enforcement and certification matters. Julie Kass joins us from the Office of Counsel to the Office of Inspector General, where she had significant involvement drafting the rule implementing the shared risk exception to the antikickback statute. We are confident that these developments will enable us to better serve you.

Finally, as has been my habit, I solicit your comments and suggestions relating to the Health Law Alert. We are pleased that so many of you find this publication to be different from the many that pass your desk on a daily basis and to be of assistance through the guidance we provide. Please keep those cards, phone calls, and emails coming. We really do listen.

Sandy Teplitzky, Department Chair