On October 24, 2018, the Eliminating Kickbacks in Recovery Act (“EKRA”) was enacted. Broadly speaking, EKRA prohibits soliciting, receiving, paying, or offering “any remuneration (including any kickback, bribe, or rebate)...
Read MoreThose serving in the health care industry are all too familiar with the Anti-Kickback Statute and the Stark Law – physician self-referral and fraud and abuse laws that prohibit financial payments or incentives for referring...
Read MoreMany providers are familiar with compliance in a health care context. They know to make agreements compliant with the Stark Law and the Anti-Kickback Statute, for instance. But the keys to a good compliance system (policies and...
Read MoreBusinesses at different levels in the supply chain of a product choose to merge (“vertical mergers,” compared with “horizontal mergers” where business at the same level in the supply chain merge) for a variety of reasons, many...
Read MoreBy James M. Burns In late February, the Iowa Supreme Court affirmed a lower court ruling in Mueller v. Wellmark, ending a seven year battle over whether the health insurer’s agreement with employers operating “self-funded”...
Read MoreBy James M. Burns On January 6, two Michigan Congressmen – Representative John Conyers (D-Mich.) and Representative Dan Benishek (R-Mich.) – introduced the “Quality Health Care Coalition Act of 2015.” The bill (H.R. 105) would...
Read MoreDickinson Wright Member James Burns recently spoke to Bloomberg BNA’s Pharmaceutical Law & Industry Report for the article, “Biosimilars Policy, Accelerating Medical Breakthroughs Among Year’s Key Topics” (1/16/2015). In the...
Read MoreBy James M. Burns and Jessica Russell On October 1, a first-of-its-kind law became effective in Connecticut that requires group medical practices and hospitals in that state to provide the Attorney General with 30 days’ notice...
Read MoreBy Rose Willis The United States Office of Inspector General (“OIG”) recently issued a “Special Fraud Alert” focusing on two potentially illegal trends that it has detected in arrangements between laboratories and their...
Read MoreBy Scott F. RobertsThe advent of federally subsidized private pay health insurance under the Affordable Care Act has the potential to expand the application of the federal anti-kickback statute beyond just Medicare, Medicaid,...
Read MoreBy James M. BurnsLegislation was recently introduced by Representative John Conyers (D-Michigan) that would permit healthcare providers to negotiate jointly with health insurers concerning contract terms without running afoul of...
Read MoreBy James M. Burns In a February 26 speech before the Connecticut Bar Association, Federal Trade Commissioner Maureen Olhausen expressed strong opposition to proposed legislation that would create an antitrust exemption for...
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