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 …
Government May Assess False Claims Act Penalties Below Statutory Minimum
January 17, 2014 Leave a Comment
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 …
One-Year Delay in Clinical Trial Number Requirement — But Not for Everyone
January 17, 2014 Leave a Comment
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 …