HortySpringer Health Law Expressions

The Kickback Chronicles, Episode 5 On this week’s episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar look into the world of fraudulent COVID-19 Vaccination Cards by taking a deeper dive into two recent cases involving forged and fraudulent vaccination cards.  Although fraudulent vaccination cards were the root of these crimes, you’ll be shocked to learn the series of events that led...

The Kickback Chronicles, Episode 4 On this week’s episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar look at the recent guilty plea of the owner and operator of a marketing company that conducted business with medical testing companies. What began as a scheme to defraud Medicare out of funds related to genetic testing, turned into a bigger opportunity at the onset of the COVID-19 pan...

Hospitals often review and revise their medical staff bylaws and policies to keep up with new developments, but many rarely or ever pay attention to their hospital corporate bylaws.  Corporate bylaws are required to contain provisions required by CMS, the IRS, state licensure agencies, and accrediting bodies, but if they haven’t been updated in a while they may not meet these requirements.  Corpor...

The Kickback Chronicles, Episode 3 On this week’s episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar look at the recent conviction of the 3 owners of multiple orthotic brace supply companies across Texas. Together they set out to defraud Medicare out of nearly $6.5 million by violating the Anti-Kickback Statute. This case will leave you wondering how you even conceal these payments,...

The Kickback Chronicles, Episode 2 On this week’s episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar take a closer look at the recent conviction of 3 individuals involved in a substance use disorder treatment facility’s scheme to defraud the California Medicaid program out of nearly $18 million over the course of 4 years. This case will have you asking:  How many people can be convic...

Over the years, the Department of Justice has increasingly cracked down on fraudulent billing and kickbacks provided to healthcare providers. Despite nearly $2 billion in recovery of illegal funds every year, providers continue to disregard these laws thinking their actions will go undetected.   On this inaugural episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar dive into a recent c...

On November 5, 2021, CMS issued an interim final rule requiring hospitals and other facilities subject to Medicare Conditions of Participation to adopt a process or plan for vaccinating all eligible staff by December 6, 2021. Staff must be fully vaccinated by January 4, 2022. This not only applies to employees but also medical staff members, trainees, independent contractors, and others.  HortySpr...

This podcast summarizes the requirements in OSHA’s new COVID-19 Emergency Temporary Standard (“ETS”) for employers in the healthcare setting. While the ETS is long and detailed, some healthcare settings are exempt from its requirements. Join HortySpringer attorneys Dan Mulholland and Philip Zarone to learn what healthcare employers must do to comply and where they can turn for additional informati...

Houston, do we have a problem? Join HortySpringer attorneys Dan Mulholland and Nicholas Calabrese as they explore the rules and risks of mandatory vaccination programs for hospital employees, including a discussion of the Houston Methodist Hospital vaccination program case.

The 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...

Have you discovered that one of your physician contracts is out of compliance with the Stark Law? You may be able to fix it. CMS has now developed a new way to correct noncompliance with the Stark Law without having to make a formal self-disclosure.  The recently revised Stark Regulations, at 42 CFR §411.357(h) of the new regulations, sets forth a special rule for correcting technical deficiencies...

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 providi...

Under normal circumstances, physician burnout has been described as a “public health crisis” resulting in high turnover rates, inefficiency, increased medical errors, and exit from the profession. Some surveys show that nearly half of all physicians experience burnout in some form. While burnout has been attributed to numerous factors, including the demands of electronic health records and a reduc...

If your organization has received a loan from the new Paycheck Protection Program, congratulations! But like any government program, be careful! There are always strings attached. Recent controversy about large organizations getting assistance has caused regulators to warn that if you keep the money but are later found to not need it, you could be in big trouble.  To help you understand what may b...

Many 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. T...

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. 

 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 Septembe...

 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 set...

Josh Hodges and Katie Pakler of Horty Springer and Mattern discuss the latest issues in regard to medical marijuana laws at the state level and how it can affect an employment policy. Josh and Katie discuss recent employment discrimination cases from a few different states that have legalized the use of medical marijuana. Many states are continuing to add new marijuana use laws, Josh and Katie exp...

Dan 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.

Dan Mulholland and Charlie Chulack, partners at Horty Springer and Mattern discuss recent developments at the state and federal level dealing with Patient Safety Organizations. 

Ian Donaldson and Joshua Hodges of Horty Springer and Mattern share ideas on how to lesson the overwhelming process of credentialing faced by medical staff offices. Listen as they share insightful tips learned from many years of helping hospitals and healthcare systems of all sizes.

Ian Donaldson partner at the firm Horty Springer and Mattern discusses the growing problem of physician burnout and how to help educate, receive and process feedback and eliminate the frustrations experienced by your medical staff. 

Dan Mulholland and Susan Lapenta explore the ins and outs of the Nahas Case.