Compliance Update

COVID-19 Vaccine Requirements Expanded for Healthcare Industry

By now you may have heard that President Joe Biden announced a six-prong Covid-19 action plan designed to combat the virus and the overwhelming impact of the Delta variant. Among them: staff at all Medicare- and Medicaid-certified facilities will be required to receive the COVID-19 vaccine. The Centers for Medicare & Medicaid Services, along with the Centers for Disease Control, are urging...

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Surprise! “No Surprises Act” Enforcement Delayed

It should come as no surprise that the federal government has decided to delay enforcement of the No Surprises Act. So although the Act will still take effect on January 1, 2022, the government will not enforce certain provisions of the law until applicable rules are in place. This will hopefully allow the providers, and the government, time to figure out the best way to comply with the law. The...

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Abbott Laboratories’ Alere to Pay $160M to Settle FCA Claims

What once was one of the country’s largest Medicare mail-order diabetic testing suppliers and its parent company have agreed to pay $160 million to resolve allegations they violated the False Claims Act. The case was brought under the qui tam, or whistleblower provisions of the False Claims Act by Gregory Goodman against Arriva Medical LLC, and its parent Alere Inc. (United States ex rel....

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Genetic Testing: Be Hopeful but Wary

Genetic tests are valuable because they can provide important information to patients and their medical providers regarding diagnoses, treatment, and disease prevention. However, the rapid growth in the number of tests ordered, especially in light of the telemedicine expansion during the pandemic, has invited well-earned scrutiny for the industry. Make no mistake: genetic testing is heavily...

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DME Owners Face Stiff Prison Sentence in Kickback Case

The owners and operators of two Dallas, Texas-based durable medical equipment companies recently were convicted of one count of conspiracy to defraud the United States and to pay and receive healthcare kickbacks and one count of conspiracy to commit money laundering. They now face up to 25 years behind bars. Leah and Michael Hagen, owners of Metro DME Supply LLC and Ortho Pain Solutions, billed...

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Mandatory COVID-19 Vaccine and Incentives

Can an employer mandate a COVID-19 vaccination? And if so, are there exceptions/exclusions that must be addressed? Since the COVID-19 vaccines were first approved for emergency use, the debate has raged as to whether employers can or should require employees (as a condition of employment) to be vaccinated. And, with large numbers on both sides of the debate, the answer, while clear from a legal...

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