King v. Burwell: Supreme Court Upholds Federal Exchanges

Posted on June 26, 2015 by BSW

On June 25, 2015, the U.S. Supreme Court rendered a decision in the highly anticipated case of King v. Burwell^[1], which centered around the viability of certain provisions of the Patient Protection and Affordable Care Act (“ACA”). The King decision, rendered three months after arguments were heard, decided an issue the Court described as “a question of deep ‘economic and political significance.’”^[2] Specifically, the Court decided whether the ACA intended for tax credits to be available to individuals who purchased their insurance through either a State or Federal Exchange or just through a State Exchange. Ultimately, the Court held both State and Federal Exchanges should offer tax credits to purchasers. Continue reading →

New OIG Fraud Alert Out on June 9, 2015 Cautions That Physician Compensation Arrangements May Result in Significant Liability

Posted on June 15, 2015 by BSW

“Physicians who enter into compensation arrangements such as medical directorships must ensure that those arrangements reflect fair market value for bona fide services the physicians actually provide. Although many compensation arrangements are legitimate, a compensation arrangement may violate the anti-kickback statute if even one purpose of the arrangement is to compensate a physician for his or her past or future referrals of Federal health care program business.”

http://oig.hhs.gov/compliance/alerts/guidance/Fraud_Alert_Physician_Compensation_06092015.pdf

Written by: Traci Thompson

Clay J. Countryman and Alec Alexander to Present at 2015 Physicians Legal Issues Conference

Posted on June 5, 2015 by BSW

Clay J. Countryman and Alec Alexander, partners in the firm’s Healthcare Group will give presentations at the Physicians Legal Issues Conference to be held June 10-12, 2015 at the Palmer House Hilton in Chicago, IL. The Physicians Legal Issues Conference is co-sponsored by the American Bar Association Health Law Section, Chicago Medical Society and the American Association for Physician Leadership®. Mr. Countryman is Co-Chair of the conference and he will present as part of a panel on a session titled, “Community Clinics and Pharmacies: Opportunities for Physicians and Attorneys to Work Together” on June 11. Mr. Alexander will be presenting on a panel for a session titled “Navigating the Perilous Waters of the False Claims Act From Medical Necessity to the Anti-Kickback Statute and Beyond” on June 11.

Alec Alexander Clay Countryman