Shows
HortySpringer Health Law ExpressionsElection Year Update – IRS Rules on Political Activity by NonprofitsUnless you have been in a coma or hiding in the Witness Protection Program, you probably are aware that there is an election coming up in a few weeks. It is our right as Americans to vote and participate in the political process. But nonprofit organizations like hospitals and health systems that are tax exempt under Section 501(c)(3) of the Internal Revenue Code are prohibited from participating in political campaigns and may only have limited involvement in lobbying or attempting to influence public policy. HortySpringer partners Henry Casale and Dan Mulholland will review these rules and also discuss guidance...2024-10-0123 minHortySpringer Health Law ExpressionsNew OIG General Compliance Program GuidanceThe Office of Inspector General recently published its General Compliance Program Guidance. The GCPG is a reference guide for the health care compliance community and other health care stakeholders. It is chock-full of information about relevant Federal laws, compliance program infrastructure, OIG resources, and other information useful to understanding health care compliance. While the GCPG is voluntary guidance and not binding on any individual or entity, it is an important roadmap to how the Government views the industry and how it intends to enforce the law. Join HortySpringer partners Henry Casale and Dan Mulholland for this new po...2023-12-0634 minHortySpringer Health Law ExpressionsDon’t Get Burnout from Your Wellness Program: The New Stark Exception and Anti-Kickback Safe Harbor for Wellness ProgramsIn the Congressional Appropriations Act passed in December 2022, Congress adopted a new Stark exception and Anti-Kickback safe harbor for wellness programs for physicians and other clinicians. Specifically, the new law provides that counseling, mental health services, suicide and substance abuse prevention programs offered by hospitals and other providers with a formal medical staff will not violate the Stark law or Anti-Kickback Statute so long as the are set out in a board-approved policy that meets five specific elements described in the statute.Join HortySpringer Partners Henry Casale and Dan Mulholland on this new Health Law Expressions podcast...2023-07-1918 minHortySpringer Health Law ExpressionsWhat You Know Will Hurt YouThe U.S. Supreme Court recently held that in order to violate the False Claims Act, a defendant’s knowledge and subjective beliefs matter—not to what an objectively reasonable person may have known or believed. That case – U.S. ex rel Schutte v. Supervalu, Inc. – dispels the notion that defendants can skate on an FCA claims by coming up with after-the-fact justifications. Understanding this case and its implications is a must for any compliance officer or in house or external counsel in the health care field. Join HortySpringer partners Henry Casale and Dan Mulholland as they explain this...2023-06-2821 minHortySpringer Health Law ExpressionsUS v. Shah – New Intent Test for KickbacksThe OIG and the Courts have long taken the position that a person who pays an alleged kickback can be sent to prison if the government can prove that merely “one purpose” of the payment of the kickback is to induce the referral of business that is paid for, in whole or in part, by a federal healthcare program. But what about the recipient of the kickback? What must the government prove in order to convict the recipient of the kickback? In a case of first impression, a federal circuit court’s answer to this question is nothing—the recipient’s...2021-05-2716 minHortySpringer Health Law ExpressionsNew Executive Order on Regulatory Relief – A Trump Card to Play Against the Government?On May 19, 2020, President Trump issued an Executive Order on Regulatory Relief to Support Economic Recovery. The purpose of the Executive Order was to remove regulatory barriers to economic recovery from the effects of coronavirus lock downs throughout the country. The Order primarily directs federal agencies to address the current economic emergency by rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery. But it goes farther than that. Among other things, it directs agencies to not just temporarily but permanently rescind regulations, accelerate pre-enforcement ruling procedures, decline enforcement against persons and entities that...2020-06-0216 minHortySpringer Health Law ExpressionsCoronavirus Fraud and Abuse Issues: Protections and PitfallsMany federal agencies have weighed in with various waivers, policy statements and guidance regarding arrangements between and among health care providers and their patients to address the COVID-19 pandemic. These include several blanket waivers by CMS of sanctions under the Stark Law and an OIG Policy Statement declining to impose administrative sanctions under the Federal anti-kickback statute. These actions are helpful, but should not be a blanket license to ignore these laws. In this special podcast, HortySpringer partners Dan Mulholland and Henry Casale review the recent guidance, explain what you can and can’t do and look ahead to th...2020-04-0837 minHortySpringer Health Law ExpressionsThinking of a Joint Venture? Look Before You Leap!In today’s deal happy world, we’re seeing joint ventures make a comeback. Joint ventures come in all shapes and sizes; some are with physicians, some with other business partners, and some are with people you’ve never met before. Join faculty Dan Mulholland and Henry Casale as they discuss these ventures and the questions you should ask and get answered before you commit. 2020-02-1216 minHortySpringer Health Law ExpressionsUS ex rel. Bookwalter — The Shape of Stark to Come Horty Springer and Mattern partners Dan Mulholland and Henry Casale discuss a False Claims Act case that was based on the Stark Law in which the Third Circuit Court of Appeals interpreted the Stark Law to question whether most RVU compensation models were permitted by the Stark Law. However, as proof that not even the federal courts understand the Stark Law, the Third Circuit vacated its September 17th decision and reissued its opinion on December 20. The new Opinion corrected some of the more egregious errors that were included in the September Opinion. However, it still leaves a number of q...2020-01-2314 minHortySpringer Health Law ExpressionsState False Claims Acts - Something Else to Keep You Up At Night Horty Springer and Mattern partners Dan Mulholland and Henry Casale discuss very recent developments from the Office of Inspector General of HHS in terms of reviewing the False Claims Act at the State level and whether it complies with federal rules. Discussion includes a review of the False Claims Act to see if states will qualify for a 10 percent increase in any share of a False Claims Act settlement. 2019-03-2912 minHortySpringer Health Law ExpressionsExcess Compensation Causes Excess TroubleDan Mulholland and Henry Casale, senior partners at Horty Springer and Mattern, discuss the implications of the changes in tax laws that will impose excise tax on excess compensation paid by exempt organizations.The so-called Triple Ex Provision.2018-11-0213 min