Payments Might Generate Illegal Remuneration But OIG Won’t Impose Sanctions

With an analysis partially relying on the Sgt. Schultz defense, the Office of Inspector General's first Advisory Opinion of 2014 declines to impose sanctions under the Anti-Kickback Statute on placement fees paid for referrals to senior residential communities, even though the referrals might at some point …

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Government May Assess False Claims Act Penalties Below Statutory Minimum

A recent federal appeals court decision holds that a court may assess False Claims Act (FCA) penalties that are lower than the minimum specified by that statute. Paradoxically, that represented a win for the government and a loss for the contractor. By way of background, hospitals have long feared FCA penalties …

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One-Year Delay in Clinical Trial Number Requirement — But Not for Everyone

On January 6, 2014, the Centers for Medicare & Medicaid Services (CMS) announced a one-year delay in the requirement that an eight-digit identification number be included on all Medicare claims for services and items relating to a clinical trial. The requirement, scheduled to be effective January 1, 2014, has …

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