Analysis Into The Anti-Kickback Statute

Analysis Into The Anti-Kickback Statute

The federal Anti-Kickback Statute is a healthcare fraud and abuse statute that prohibits the exchange of remuneration for referrals for services that are payable by a federal healthcare program. Although the Stark Law and Anti-Kickback Statute may seem similar at...

HIPAA v. State Health Laws

When federal law is promulgated, the law then supersedes any state laws put into effect. If you are a covered entity or a business associate, you should consult with a qualified attorney who can give a complete evaluation of the differences between your state’s laws,...
Analysis Into The Anti-Kickback Statute

In Depth Analysis of Self-Referrals: The Stark Law

The Stark Law prohibits a referral by a physician of a Medicare or Medicaid patient to an entity for the provision of designated health services if the physician or an immediate family member has a financial relationship with that entity. The Stark Law contains...
Analysis Into The Anti-Kickback Statute

HIPAA: The Breach Notification Rule

The HIPAA Breach Notification Rule requires covered entities and business associates to notify certain parties following a breach of unsecured Protected Health Information (PHI), however, the covered entity or business associate must only provide the required...
Analysis Into The Anti-Kickback Statute

HIPAA: Administration and Enforcement

HIPAA, the Health Insurance and Portability Accountability Act of 1996 sets stringent national guidelines and regulations for the electronic transmittal of Protected Health Information (PHI). It is best to consult with a qualified healthcare attorney who can walk a...
Understanding HIPAA: The Privacy Rule

Understanding HIPAA: The Privacy Rule

The Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) establishes a set of national standards to address the use and disclosure of protected health information (“PHI”) by covered entities and business...
Analysis Into The Anti-Kickback Statute

Why do healthcare providers need a good healthcare lawyer?

Healthcare providers need a good healthcare lawyer. But do you have one who can spot those hidden issues specific to the healthcare field? How does healthcare law fit into the legal practice? As a corporate attorney, I provide services to a client across the different...
State Healthcare Laws Regarding Patient Referrals

State Healthcare Laws Regarding Patient Referrals

The federal standards set to regulate referrals are known as the Stark Law and the Anti-Kickback Statute. The Stark Law prohibits a referral by a physician of a Medicare or Medicaid patient to an entity for the provision of “designated health services” if the...
An Overview on the Regulation of Medical Devices

An Overview on the Regulation of Medical Devices

The US Congress passed the Federal Food, Drug, and Cosmetic Act in 1938 (the FD&C Act), which empowered the US Food and Drug Administration (the FDA) to oversee the safety of, among other things, medical devices. Generally, the FDA is charged with approving...
State Healthcare Laws Regarding Patient Referrals

What is Pre-Market Notification or 510(k)?

The US Congress passed the Federal Food, Drug, and Cosmetic Act in 1938 (the FD&C Act), which empowered the US Food and Drug Administration (the FDA) to oversee the safety of, among other things, medical devices.  The FDA establishes strict requirements for...