Compliance Update

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...

read more

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...

read more

Can Healthcare Providers Offer Covid Vaccination Incentives?

It’s estimated that a little more than 42 percent of Americans have been fully vaccinated for COVID-19 and nearly 52 percent have had at least one dose (as of mid June 2021). That has prompted President Joseph Biden to announce a “National Month of Action,” in an effort to get at least 70 percent of U.S. adults at least partially vaccinated by the Fourth of July. To get there, some people need...

read more

Biden Administration Signals It’s in No Rush to Allow Canadian Drug Imports

The Biden administration said Friday it has no timeline on whether it will allow states to import drugs from Canada, an effort that was approved under President Donald Trump as a key strategy to control costs. Six states have passed laws to start such programs, and Florida, Colorado and New Mexico are the furthest along in plans to get federal approval. The Biden administration said states still...

read more

COVID Home Health Care Trend Here to Stay

With governments locking down communities to combat the COVID-19 pandemic, health care providers and practitioners scrambled to find ways to deliver care to patients at their homes or residences. CMS relaxed restrictions on providing health care via telehealth, allowing for all Medicare patients to receive care via two-way, audio and video communications, and even via telephone calls...

read more

Permissible Payments For Referrals Under The Federal Anti Kickback Statute

The term “payment for referral” strikes fear in the hearts of health care providers throughout the country because of the significant prohibitions under the federal Anti-Kickback Statute (AKS). And, Florida’s Patient Brokering Act (PBA) casts an even bigger shadow over arrangements involving payment in exchange for referrals. There are other statutory restrictions as well, which may apply...

read more