Blog - Monthly archives: January 2013

Medicare Overpayment Recoupment Lookback Period Extended to 5 Years

Posted on Health Care Law News January 31, 2013 by author

Included in the American Taxpayer Relief Act of 2012 were a number of changes to the Medicare program.  One change that could potentially have a significant impact in Medicare claims audits is an increase in the recoupment lookback period to 5 years from the prior 3 year rule.  This means that even absent an allegation Read more →

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Mandatory Employer Health Insurance Coverage Guidelines Issued

Posted on Employment Law News January 30, 2013 by author

In the Federal Register on January 2, 2013, the U.S. Treasury Department released proposed regulations that provide new guidelines for employers (generally those with 50 employees or full-time equivalents) to help them determine whether they are required to provide affordable minimum essential health coverage.  In addition, the IRS website published a series of Questions and Answers Read more →

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Final HIPAA Privacy Rule Released By HHS – Final Rule Contains Important Changes

Posted on Health Care Law News January 29, 2013 by author

On January 17, 2013 HHS released an Omnibus Final Rule which modifies the HIPAA Privacy, Security and Enforcement Rules, and implements the HIPAA Breach Notification Rule.  The Final Rule contains over 600 pages, a full summary of which is beyond the scope of this post.  Taking a step back from the abundance of volume and Read more →

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Health Care Fraud Investigation of Podiatrist Closes with No Charges

Posted on Firm News January 24, 2013 by author

A podiatrist represented by Nicholson & Eastin, LLP that was the subject of a health care fraud investigation after a fraud referral from a Medicare fraud contractor was cleared of wrongdoing and the investigation is closed. The podiatrist was also removed from the Medicare prepayment review after Nicholson and Eastin, LLP worked with the physician Read more →

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Fed 4th Cir. Applies Rigid Pleading Standard in Off-Label Marketing False Claims Act Case

Posted on Health Care Law News January 23, 2013 by author

The Federal Fourth Circuit Court of Appeals dismissed an off-label marketing False Claims Act case based upon the lack of identification in the complaint of specific false claims presented to the government. In U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, Inc., No.11–2077 (4th Cir. January 11, 2013), the court brushed aside the other Read more →

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