Legal and practical healthcare information.
Healthcare industry mergers and acquisitions can take on many shapes and sizes dictated by various regulatory and business law issues, but common to all such transactions is the Target’s obligation to make healthcare representations and warranties to the Acquiror. Representations and warranties (R&Ws) in general are heavily negotiated aspects of the parties’ agreement, and their …
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Healthcare providers have additional regulatory restrictions related to the structure of their practice entities (“Practice Entities”), which are not applicable to those operating in other industries. Such restrictions include but are not limited to ownership and control by licensed professionals and limitations on the number of Practice Entities that a licensed professional may own or …
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On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act (the “Act”). The purpose of the Act is to address the numerous areas impacted by the COVID-19 pandemic, including public health, business, economic, and others. This article sets forth major impacts of …
Continue reading “The CARES Act: Changes Specifically Impacting Health Care Providers and Suppliers”
The CARES Act establishes a new loan program for small businesses during the period starting on March 1, 2020, and ending on December 31, 2020, and in certain situations forgiveness of such loan, which many health care providers and suppliers should review. Known as “7(a) Paycheck Protection Program loans” (“PPP Loans”), businesses in the health …
On the surface, it seems like an obvious choice – follow the law and avoid the risk of a hefty fine – but health care providers may learn the hard way that implementing HIPAA Security Rule requirements is, in fact, more complicated than it might first seem. According to a recent U.S. Department of Health …
The Trump administration proposed a budget increase of 19 million to aid in the fight against health care fraud. This showcases the continued (and heightened) importance of anti-fraud programs, especially compared to the suggested $18 billion in cuts to other health-care related programs. If approved by Congress, the budget increase will result in an increase …
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The phrase “healthcare compliance program” is commonly used to describe those processes and procedures implemented by a healthcare provider to prevent submission of erroneous claims and combat fraudulent conduct. The expectation is that providers using internal controls will more efficiently monitor adherence to legal and regulatory requirements than providers without such controls in place1. However, …
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