SEPTEMBER 26, 2019
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In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
On September 17, 2019, the D.C. District Court held that the Centers for Medicare & Medicaid Services (CMS) exceeded its statutory authority when it cut the payment rate for clinic services at off-campus provider-based departments (OCODPs). The hospital industry has every right to be pleased with this decision that granted summary judgment in favor of the American Hospital Association, the Association of American Medical Colleges, and various hospital plaintiffs. More on Site-Neutral Hospitals and Litigation Here >
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In a one-two punch during the first half of September 2019, the Department of Justice confirmed that its focus on prosecuting telemedicine companies and physicians engaged in health care fraud shows no sign of slowing down.  On September 6, the owner and CEO of a telemedicine company pled guilty to a $424 million conspiracy to defraud the United States and pay and receive health care kickbacks, in what the DOJ characterized as one of the largest health care fraud schemes ever investigated and prosecuted by the federal government.  More on DOJ and Criminal Telemedicine Enforcement Here >
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Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can also reach activities conducted outside of California. 
As the countdown to the January 1, 2020 effective date for the CCPA quickly approaches, healthcare entities and businesses in the health sector should exercise caution not to rely too heavily on the law’s HIPAA-related exceptions as a complete pass to avoid complying with the CCPA.  More on HHS and FDA Plan for Foreign Drugs Here >
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Bingham v. HCA, Inc., a recent Eleventh Circuit case, highlights the centrality of fair market value to Anti-Kickback Statute (AKS) analyses. This decision is significant for several reasons and we expect to see Bingham cited by many defendants in future False Claims Act cases. The case is also a reminder that the current regulatory and enforcement environment can result in litigation over arrangements with fair market value payments that involve little, or no, compliance concerns.  More on Remuneration and the Eleventh Circuit Here >
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