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Photo of Posts by David P. Henninger David P. Henninger
Partner
dhenninger@health-law.com
310.551.8177
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Showing 4 posts by David P. Henninger.

On December 7, 2016, the Office of Inspector General U.S. Department of Health and Human Services (the OIG) published in the Federal Register a final rule (Final Rule) that, among other things, adds three new safe harbors to the Anti-Kickback Statute, and expands the exceptions to the definition of "remuneration" that is prohibited under the Civil Monetary Penalties (CMP) statutes and regulations.  Read More ›

Significant New Stark Rules Finalized

A final new regulation (the Final Rule) interpreting the federal self-referral restrictions imposed by the "Stark Law" was issued October 30, 2015, by the Centers for Medicare and Medicaid Services (CMS) makes a number of significant changes and provides important clarifications. The Stark Law prohibits physician referrals of Medicare patients for certain "designated health services" to entities with which the physician has a financial relationship unless an exception under the law applies to that relationship. Read More ›

Significant Proposed Changes to Stark Rules Announced

On July 7, 2015, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule which would make a number of significant changes to and provide important clarifications of the Stark Law's regulations (the Proposed Rule).  The Stark Law prohibits physician referrals of certain designated health services for Medicare patients to entities with which the physician has a financial relationship unless an exception under the law applies to that relationship. Read More ›

In an important decision for ACOs and other hospital-physician integrated delivery systems, the U.S. Court of Appeals for the Ninth Circuit recently upheld a district court’s judgment in favor of the Federal Trade Commission (FTC), which held that the acquisition in December 2012 by St. Luke’s Health System in Idaho of Saltzer Medical Group, a multi- specialty physician group, violated federal antitrust law, specifically Section 7 of the Clayton Act. St. Alphonsus Medical Center – Nampa, Inc. v. St. Luke’s Health System, Ltd., No. 14-35 M3 (Ninth Cir. Feb. 10, 2015). Read More ›

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