From the Chair

Welcome

Guide to Terms

Ober|Kaler in Print

OIG Activity
OIG Issues Seven New Advisory Opinions

HCFA Developments
Stark II: How HCFA's Proposed Regulations Affect Infusion Providers

HCFA Proposes Revisions to Anesthesiology Medical Direction Rules

Final Rule Issued on Three-Day Payment Window

Civil Money Penalties: Inducements to Beneficiaries

Tax Issues
IRS Revokes Health Alliance's Tax-Exempt Status

Litigation
Recent PRRB Case Makes Qualifying for Related-Party Exception More Difficult

False Claims Act Is Not a Vehicle for Enforcing Administrative Regulations

Finally, the Supreme Court Provides Some Relief for Employers in Sexual Harrassment Claims

Business Issues
Planning for an Initial Public Offering? It Begins Sooner Than You Think

Health Care Technology Report
Negotiating Computer Systems and Software Purchases

The Health Law Alert offers opinions and recommendations of an informative nature, and should not be considered as legal or financial advice as to any specific matter or transaction.

From the Chair

As promised, with this issue of the Health Law Alert we introduce our first of a series of articles relating to the implementation of Stark II and the proposed regulations published in January 1998. This issue also focuses on a number of Advisory Opinions issued by the Office of Inspector General. As we had hoped, the OIG continues to set forth its analysis with each opinion. Thus, even though we may not agree with all of the answers, the analyses provide us with an understanding of the approach taken by the OIG with respect to various business arrangements. This should be quite helpful in providing counsel to our clients in the future.

Shortly before press time, we received copies of the OIG's just-released Compliance Guidance for Home Health Agencies and its revised Compliance Guidance for Clinical Laboratories. We will be providing you with an analysis of both documents with the next issue of Health Law Alert. In the meantime, you can access the documents on the web by visiting our Useful Links section, selecting "Health," then "HHS Office of Inspector General," and "Compliance Guidance."

In addition, the OIG has published a notice soliciting "Information and Recommendations for Developing OIG Compliance Program Guidance for the Durable Medical Equipment Industry." See 63 Fed. Reg. 42,409 (1998). This notice is in accordance with the Inspector General's August 4th announcement that the process for developing future compliance program guidance is being opened to the general public. The public has until September 21, 1998 to respond to the solicitation. According to the Inspector General, a draft of the proposed compliance program guidance will be developed based on public input and published in the Federal Register for public comment before being finalized. The OIG expects to issue final compliance program guidance for the DME industry before next spring.

Finally, I want to welcome Bill Wiechmann to the Health Law Department. Bill joins us in our Washington office and will assist clients in the areas of health care tax law and business transactions, in addition to managed care and fraud and abuse matters.

Sandy Teplitzky, Department Chair

Copyright© 1998, Ober, Kaler, Grimes & Shriver