Please ensure Javascript is enabled for purposes of website accessibility

Author Archives: Barry Rosen

Maryland’s new health care laws (access required)

Another Maryland legislative session is in the books, and many recently enacted laws will affect both Maryland health care providers and Maryland health insurers. Here is a summary of some legislative highlights of the 2017 session. The opioid epidemic Tackling ...

Read More »

False claims: The Supreme Court taketh and giveth away (access required)

The federal False Claims Act subjects anyone who “knowingly” presents a false or fraudulent claim for payment or approval to the federal government to significant penalties. However, is it a “knowing” falsehood to be asked to be paid when the ...

Read More »

Private use of tax-exempt financed projects (access required)

  Health care organizations that qualify for tax-exempt status under Internal Revenue Code Section 501(c)(3) are able to issue tax-exempt bonds, known as “qualified 501(c)(3) bonds.”  The ability to issue qualified 501(c)(3) bonds allows a health care organization to realize ...

Read More »

Wellness programs must adhere to multiple masters (access required)

Regulations published by the Equal Employment Opportunity Commission (EEOC) that describe how employers offering workplace wellness programs can comply with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) went into effect Jan. 1. ADA rules ...

Read More »

No harm, no foul (access required)

The United States Supreme Court barred federal courthouse doors to a wide swath of lawsuits complaining about intangible or ephemeral injuries in its May 2016 decision in Spokeo v. Robins. The ruling is already reverberating through health care litigation, as ...

Read More »

To be or not to be called a ‘specialist’ (access required)

A Texas Dental Board rule prohibiting licensed dentists from advertising as “specialists” in any area of dentistry not recognized as a “specialty” by the American Dental Association was recently held by a federal court, in American Academy of Implant Dentistry ...

Read More »

Reasonable compensation paid to C corp doctors (access required)

It is a basic principle of federal tax law that, while a taxpayer is free to organize his affairs as he chooses, once having done so, he must accept the tax consequences of his choice, whether contemplated or not.  A ...

Read More »

An update on accountable care organizations (access required)

Medicare Accountable Care Organizations (ACOs) are groups of doctors, hospitals and other health care providers and suppliers who choose to come together to coordinate patient care. The Centers for Medicare & Medicaid Services (CMS) has developed several ACO models under ...

Read More »

New Stark and ‘incident to’ rules (access required)

Last year, the Centers for Medicare and Medicaid Services (CMS) published new exceptions and interpretations of the federal physician self-referral law (Stark Law) and clarifications to Medicare “incident to” billing rules. The Stark Law prohibits physicians from referring Medicare patients ...

Read More »