Although we continue to await the publication of the Phase II Stark II final regulations, the health care industry has, in the meantime, been affected by many other recent developments. Perhaps first and foremost, the current state of the U.S. economy is placing pressures on health care providers. There also appears to be no let-up in the pressure felt under the administrative and regulatory requirements imposed by federal and state governments.

This issue of the Health Law Alert addresses a number of developments in the reimbursement arena. We also discuss the most recent developments relating to the federal False Claims Act, which is more and more becoming the provision of choice for federal prosecutions, not to mention the significant increase in qui tam relator cases. In this regard, we also include an article intended to provide guidance to those who find themselves subject to a federal fraud investigation.

As is our custom, we provide analyses of several recent OIG advisory opinions with this issue. In addition, this issue includes an analysis of the first antitrust advisory opinion relating to clinically integrated physician networks which, perhaps, signals a new opportunity, if not simply increased flexibility, for physicians who increasingly find it difficult to "go it on their own." Finally, we include a discussion of the final ambulance restocking safe harbor, perhaps putting that most "controversial" issue to rest.

We hope that you are enjoying your summer. As always, we appreciate receiving any comments or suggestions regarding this or future issues of our Health Law Alert.

Sandy Teplitzky, Department Chair