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Healthcare

In the rapidly evolving landscape of healthcare law, staying abreast of compliance requirements and regulatory changes is crucial for healthcare providers and organizations. At Withrow, McQuade & Olsen, LLP, we are well-equipped to guide you through these complexities, ensuring your operations remain compliant and protected.
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Why Anti-Kickback Compliance is Material to Federal Healthcare Payment

Following the Supreme Court's 2016 unanimous decision on the False Claims Act (FCA) materiality in the Escobar case, the importance of complying with the federal Anti-Kickback Statute (AKS) has been reaffirmed as critical to federal healthcare payments. Under the FCA, the term "material" is defined as having a natural tendency to influence or being capable of influencing governmental decisions, highlighting the significance of adherence to AKS within healthcare transactions.

Why Compliance with the Stark Law is Material Under Escobar

In a compelling analysis published in the July 2017 issue of Compliance Today, Scott C. Withrow delves into the materiality requirements for False Claims Act claims particularly concerning the Stark Law, post-Escobar. This judicial perspective emphasizes the Stark Law's relevance and its imperative role in healthcare compliance frameworks.

New IRS Regulations for Charitable Hospitals

New IRS regulations require charitable hospitals to publicize their financial assistance policies and limit collection activities. Part of the Patient Protection and Affordable Care Act, these regulations encompass four requirements necessary for maintaining a hospital's federal income tax exemption.

Navigating Financial Challenges in Healthcare

Thanks to decisive political action, a potential fiscal crisis was averted at the start of 2013, delaying significant cuts to Medicare physician payments. However, the healthcare industry continues to face ongoing economic uncertainties despite temporary relief measures like HITECH stimulus funds.
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How to Avoid a HIPAA Horror Story

The Health Information Technology for Economic and Clinical Health Act of 2009 significantly elevated penalties and compliance requirements for violations of the Health Insurance Portability and Accountability Act (HIPAA), extending them to business associates. Focused compliance efforts on high-risk areas, such as information access management and control, are necessary to safeguard against impermissible disclosures of protected health information.

Why Can't Physicians Interoperate Barriers to the Adoption of EHRs

Despite new regulations aimed at facilitating the adoption of interoperable electronic health records (EHRs), widespread integration remains elusive. The Department of Health and Human Services (HHS) has responded by creating an anti-kickback EHR safe harbor. However, substantial barriers to seamless EHR adoption persist in the healthcare industry.