Changes to Stark and Anti-Kickback Statute – Part 1

February 20, 2021
AMARILLO, TX – Historically, health care in the United States has been based on fee-for-service (“FFS”). That is, third party payors (“TPPs”) pay a physician, hospital or other provider for the service rendered…regardless of the o

CERT Data Shows 31.8% DMEPOS Improper Payment Rate

February 6, 2021
WASHINGTON, DC – Late last year, CMS published the 2020 Medicare Fee-For-Service Supplemental Improper Payment Data. This is an annual report published by CMS’ Comprehensive Error Rate Testing (CERT) program that is intended to measure the im

Athenahealth Kickback Settlement: Lessons for DME Suppliers

January 31, 2021
AMARILLO, TX – On Thursday, January 28, 2021, the Department of Justice issued the following press release: Athenahealth, Inc. (Athena), a Watertown-based developer of electronic health records (EHR) services, has agreed to pay $18.25 million t

FLSA, FMLA, ADA and Workers’ Compensation: A Primer

January 17, 2021
AMARILLO, TX – These are strange times. I was hoping that 2021 would be calmer. Unfortunately, it has not started out that way. Notwithstanding all of the uncertainties we are facing, there are some absolutes that we can count on: The U.S. popu

Hospital Joint Venture: How to Legally Structure

January 10, 2021
AMARILLO, TX – Back in the nineties, a number of hospitals entered the DME space by either owning 100% of a DME operation or co-owning a DME supplier with an unrelated DME company. This latter arrangement is known as a joint venture. Simply put

Anti-Kickback Statute and EKRA: A Comparison

November 28, 2020
AMARILLO, TX – For any business to be successful, it must engage in marketing. Marketing can take a number of forms: The company can include ads in print publications. In the age of the internet, this type of marketing is becoming a “thing of