IRS Reports to Congress About Hospitals and Community Benefit

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Earlier today at an annual meeting of tax professionals, Internal Revenue Service (“IRS”) TE/GE Commissioner Sunita Lough remarked that the IRS recently completed and provided Congress a report on the activities of tax-exempt and other hospitals. Under Internal Revenue Code Section 4959, the Treasury Department or its designee must review the community benefit activities of every Code... Continue Reading →


OIG Issues Favorable Opinion on Preventive Care Program Incentives

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The Department of Health and Human Services Office of Inspector General (“OIG”) recently issued Advisory Opinion 15-01,1 which provided a favorable opinion of an arrangement that offered Medicaid beneficiaries free diapers and playpens if the beneficiaries chose a provider’s program for the state’s Maternal Infant Health Program (“Arrangement”). OIG found... Continue Reading →


USCIS Announces Long-Awaited Employment Authorization for Certain H-4 Spouses

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Executive Summary On November 20, 2014, President Obama announced the Immigration Accountability Executive Action, a series of steps directed toward reforming the United States immigration system.   As part of these initiatives, United States Citizenship and Immigration Services (“USCIS”) Director León Rodríguez announced yesterday that the Department of Homeland Security (“DHS”)... Continue Reading →

OIG Studies Medicare’s Oversight of Hospital Pharmaceutical Compounding Practices in Wake of 2012 Meningitis Outbreak

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Executive Summary In response to the 2012 meningitis outbreak traced to tainted injections compounded by the New England Compounding Center, OIG recently published a study entitled “Medicare’s Oversight of Compounded Pharmaceuticals Used in Hospitals: OEI-1-13-0040″ (“Study”).  OIG made the following findings:... Continue Reading →

Self-Disclosure, the Public Disclosure Bar and the FCA – Uncertainty, Circuit by Circuit

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Written by David B. Honig and Ritu Kaur Cooper. Recently, the Fourth Circuit Court of Appeals ruled that disclosures to the public officials responsible for managing the subject of a False Claims Act lawsuit did not qualify as “public disclosures” for the purpose of the FCA’s public disclosure bar. US ex rel. Wilson... Continue Reading →

Boilerplate Litigation and the False Claims Act

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Written by David B. Honig and Delphine P. O’Rourke Assertion of affirmative defenses creates risk for clients, attorneys and law firms.  Treating False Claims Act litigation like any other litigation will lead to the unnecessary expenditure of time and money and potentially sanctions. A recent decision out of the Southern District of Texas, United States ex rel. King v Solvay... Continue Reading →

S.D. Texas: Hospital Cannot Be Sued for Increased Risk of Future Harm from Data Breach

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Written by Drew B. Howk and Ammon R. Fillmore This month’s announcement of the recent Anthem Data Breach sent shockwaves through the health care industry with some experts referring to 2015 as the “year of the health care hack.” Those who collect and store health data have been racing to strengthen... Continue Reading →

This Week in Washington – February 20, 2015

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CMS Delays Final Rule on Collecting Medicare Overpayments On Tuesday, February 17, CMS announced through the Federal Register that it will postpone until February 16, 2016 the implementation of a proposed rule that would require Medicare providers under Parts A and B of Title XVIII to return overpayments within 60 days. CMS first... Continue Reading →