Fair market value arrangements and those that satisfy an exception to the physician self-referral law (Stark Law) can nonetheless violate the federal Anti-Kickback Statute (AKS). That is the message of two recent updates the U.S. Department of Health and Human Services Office of Inspector General (OIG) made to its Frequently Asked Questions (FAQs) about fraud … Continue Reading
Management service organizations (MSOs) with affiliated clinical labs and urgent care clinics should take note of newly identified guardrails that will facilitate their compliance with the federal Anti-Kickback Statute (AKS). Earlier this year, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 26-02, a favorable opinion concluding … Continue Reading
A recent decision by Florida’s First District Court of Appeal (DCA) has significant implications for physicians and other practitioners who dispense medications to injured workers. In No. 1D2023-0941, 2026 WL 513788 (Fla. 1st DCA Feb. 25, 2026), the court invalidated two rules issued by the Florida Department of Financial Services (DFS) that made it harder … Continue Reading
The U.S. Department of Justice (DOJ) recently released its first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) for criminal matters. The new CEP creates a uniform national policy for how the DOJ rewards companies that voluntarily self-report criminal conduct. Building on the 2025 CEP of the DOJ’s Criminal Division, the new CEP supersedes all … Continue Reading
On March 9, 2026, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion regarding a retiring physician’s transfer of ownership interests in a Medicare-certified ambulatory surgical center (ASC) as part of his retirement plan.… Continue Reading
During its recently adjourned regular session, the Florida Legislature passed several bills that affect the state’s healthcare industry, including legislation that creates a new specialty license type for Assisted Living Facilities (ALFs) providing memory care services, reestablishes the licensure and regulation of naturopathic doctors, and prohibits pharmacy benefits managers (PBMs) from requiring pharmacies to dispense … Continue Reading
The Florida Legislature has identified a regulatory gap. As Florida’s population experiences a “silver tsunami,” the number of people who currently live with Alzheimer’s disease or related dementias (collectively, Dementia) is expected to increase sharply. Lawmakers concluded that existing Assisted Living Facility (ALF) regulations are insufficient for this growing and vulnerable population that requires specialized … Continue Reading
The Florida Agency for Health Care Administration (AHCA or the Agency) recently issued a new proposed rule that would require all “providers” licensed by AHCA to have a “continuity plan” for data and information technology disruptions. The proposed rule would also mandate the reporting of certain information to AHCA upon the occurrence of an “information … Continue Reading
Don’t sit on those patient credits. Effective January 1, 2026, a new Florida law (CS/CS/SB 1808) requires licensed health care facilities, providers, and practitioners (each, a “Licensed Provider”) to refund any overpayment made by a patient no later than 30 days after the Licensed Provider determines that the patient made an overpayment.… Continue Reading
The Florida Legislature recently passed a bill, called the CHOICE Act, that augments Florida’s laws governing restrictive covenants to make it significantly easier for employers to enforce two new types of noncompete agreements: (1) “covered garden leave agreements” and (2) “covered noncompete agreements.” However, these new types of agreements and the employer-friendly mechanisms available to … Continue Reading
Practitioners who want to prescribe controlled substances via telehealth to patients in Florida must meet the requirements of both federal and state law. The federal Drug Enforcement Administration (DEA) and the Florida legislature have recently amended the applicable federal regulations and state laws, respectively, to allow the prescribing of controlled substances via telehealth[*] without conducting … Continue Reading
The Department of Health and Human Services (HHS) recently rescinded its policy dating back to 1971 to now allow its agencies and offices to quickly alter certain rules and regulations without public notice and comment. The Nixon-era policy had waived the statutory exemption from procedural rulemaking requirements for rules and regulations relating to public property, … Continue Reading
As harsh winter weather swept the nation’s capital, President Donald Trump commenced his second term by signing a blizzard of Executive Orders (EOs) that span many hot-button issues. Several of the EOs signal President Trump’s agenda for the U.S. healthcare system. These EOs rescind former President Joe Biden’s directives aimed at expanding healthcare coverage under … Continue Reading
The latest Special Fraud Alert from the U.S. Department of Health and Human Services Office of Inspector General (OIG) warns about marketing schemes involving questionable payments and referrals among Medicare Advantage plans, health care professionals, and third-party marketers, such as agents and brokers. Issued on December 11, 2024, this new Special Fraud Alert focuses on … Continue Reading
