A Capehart Scatchard Blog

Rapid Rise of Right to Try Laws Raise Compliance and Liability Concerns

By on July 20, 2015 in Uncategorized with 0 Comments

Since 2014, over one-third of states have enacted legislation, commonly known as “Right to Try” laws, in an effort to increase access to drugs which have yet to be approved by the Food and Drug Administration, for use by the terminally ill who have exhausted their treatment options.  Under the traditional FDA regulatory scheme, drugs […]

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OIG Issues Warning to Practitioners Against Hospital Compensation Arrangements

By on July 1, 2015 in Uncategorized with 0 Comments

In a June 9, 2015 Fraud Alert issued by the Office of Inspector General of the United States Department of Health and Human Services (the “OIG”) entitled “Physician Compensation Arrangements May Result in Significant Liability” the OIG reiterated its longstanding position that physicians who enter into “compensation arrangements . . . must ensure that those […]

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OIG Opinion Finds No Kickbacks in Healthcare Industry Donations to Patient Assistance Charity

By on June 12, 2015 in Uncategorized with 0 Comments

Late last week, the Office of the Inspector General of the United States Health and Human Services Administration (OIG) issued an auspicious advisory opinion concerning “a nonprofit, tax-exempt, charitable organization’s proposal to provide financial assistance to individuals with chronic diseases, including cancer, to assist with the costs of health insurance and drug and device therapies.”  […]

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DOJ Targets Executives for Healthcare Fraud, Seeks Cooperation of Corporations

By on June 5, 2015 in Uncategorized with 0 Comments

This spring, the Department of Justice (DOJ) has gone on the offensive in a series of public speeches before bar associations concerning the DOJ’s emboldened and proactive approach to the investigation and prosecution of healthcare fraud against both individuals and corporations.  Given that the DOJ is ramping up its efforts to combat healthcare fraud, seeking […]

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Court Rules Computer Metadata of Peer Review Committee Discoverable in Litigation

By on May 29, 2015 in Uncategorized with 0 Comments

Peer review is the essential process by which physicians critique the medical services provided by their colleagues for the purposes of decreasing occurrences of medical malpractice and increasing the quality of health care, while simultaneously serving as a primary method of evaluating the quality of patient care. Currently, almost all states have enacted peer review […]

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The Next Generation ACO Model

By on May 21, 2015 in Uncategorized with 0 Comments

The Centers for Medicare and Medicaid (CMS) recently announced the next ACO (Accountable Care Organization) venture in the release of its proposed “Next Generation ACO” initiative. It claims this initiative will create better opportunities for coordinated patient care and set higher standards for quality and safety. The Affordable Care Act has encouraged the formation of […]

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Court Upholds FTC’s Aggressive Position on Anti-Competitive Acquisitions by Hospitals

By on April 8, 2015 in Uncategorized with 0 Comments

As part of the recent tidal wave of physician practice groups being swallowed up by ever-growing hospital systems, the Federal Trade Commission (the “FTC”) has taken an increasingly aggressive position that certain acquisitions threaten trade, are anti-competitive, and must be divested.  Most recently, last month, the influential federal Ninth Circuit Court of Appeals issued an […]

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Provider Chosen by Patient From Brochures Given by Physician is a Prohibited Referral Under Anti-Kickback Statute

By on April 8, 2015 in Uncategorized with 0 Comments

While a physician’s direct referral to a patient of a certain provider is the traditional definition of a “referral” prohibited by the Anti-Kickback Statue, the federal Seventh Circuit Court of Appeals recently found a prohibited “referral” in an instance where a physician merely authorized services despite providing patients with 10-20 brochures for various service providers […]

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