Latest Developments in Health Law:  

Update: Recovery Audit Contractors (click to view full article)

by Amy K. Fehn and Jennifer Colagiovanni, Wachler & Associates, P.C.

We expect to see increased audits by the CMS Recovery Audit Contractors (RACs) this year. For the latest information on the CMS Phase-In Strategy, approved issues, and clarification of the RAC discussion period, please see our January 2010 RAC Update.  To keep our clients informed about the RAC program throughout the year, Wachler & Associates, P.C. maintains a website dedicated to providing information and updates regarding the RAC program at www.racattorneys.com.

Changes to Stark - Are You Still in Compliance? (click to view full article)

by Andrew B. Wachler, Wachler & Associates, P.C.

Stark compliance is not something that any physician can simply check off a to-do list, never to think of again.  Instead, compliance with these complex regulations must be analyzed and re-analyzed with each revision or pending effective date.  Stark bans physician self-referral of designated health services under Medicare unless one of the exceptions contained within the law are met.  October 1, 2009 was yet another one of these times where Stark demands that physicians re-evaluate their contracts and business arrangements.

On October 1, 2009, significant changes to Stark went into effect relating to percentage-based leases, "per click" payments, and "under arrangements" relationships.  Since Stark is a strict liability statute, physicians cannot claim ignorance of these changes as a defense if they are found to be non-compliant.  These changes are significant for several reasons.  First, the rental of office space or equipment now creates a financial relationship when the lease amount is based on revenue.  Second, under certain circumstances, the rental of office space or equipment now creates a financial relationship when the lease amount is paid on a per-use basis, an on-demand basis or certain other block-time arrangements.  Third, Stark now applies both to the entity that performs the service and the entity that bills for the service, which significantly impacts joint ventures between hospitals and physicians that were previously performed "under arrangements."

The Jaffe Update:

Changes to the Federal Estate Tax May Require Updates to Your Estate Plan (click to view full article)

A publication of Jaffe Raitt Heuer & Weiss, P.C.

To everyone's surprise, the new decade has ushered in the repeal of the federal estate and generation skipping transfer taxes, but only for one year.  Commencing January 1, 2011, the myriad estate, generation skipping transfer and gift tax provisions in place during 2001 will spring back into law.  No one seriously thought that Congress would fail to rectify this ill-conceived chronology, and some have called the Legislature's inaction to do so "Congressional malpractice."  Various bills are being discussed to cancel retroactively (as of January 1, 2010) the estate/generation skipping tax repeal, but whether these get enacted, as well as their constitutional validity, remains unclear.

For more information please contact attorney Shirley Kaigler at skaigler@jaffelaw.com.

Additional Recent Publications from Wachler & Associates, P.C.

• "The HITECH Breach Notification Rules: Understanding the New Obligations," Andrew B. Wachler and Amy K. Fehn, The Health Lawyer, The ABA Health Law Section, October 2009

• "Risks and Costs You Can't Afford to Ignore: Stark Law Basics and Anti-Markup Rules," Andrew B. Wachler, Healthcare Billing & Management Association, Vol.15, Issue 5, September-October 2009

• "The Medicaid Integrity Program: Full Steam Ahead," co-authors Andrew Wachler & Amy Fehn, The Health Lawyer, The ABA Health Law Section, August 2009

• "CMS Changes Rules Regarding Use of 'Consignment Closets'," co-authors Amy Fehn and Jennifer Colagiovanni, The Michigan Medical Law Report, Vol. 5, No. 3, Fall 2009

• "FERA Gives Health Care Fraud Enforcement a Boost," Andrew Wachler & Amy Fehn, Michigan Medical Law Report, Vol. 5, No. 3, Fall 2009

 Upcoming Speeches by Wachler & Associates, P.C.

• "The New Audit Landscape: MICs, MACs & RACs," American Health Lawyers Association (AHLA): Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions, January 21-22, 2010

• "Medicare and Medicaid Contractors: Inside Out," American Bar Association (ABA): 11th Annual Emerging Issues in Healthcare Law Conference, February 17-19, 2010

• "RAC Audits: Latest Developments, Successful Appeal Strategies for DMEPOS Providers, and Emerging Legal Issues," American Association for Homecare (AAHomecare) Teleconference, February 23, 2009

• "The New Audit Landscape: MICs, MACs & RACs," American Health Lawyers Association (AHLA): Physicians and Physician Organizations Law Institute, February 24-25, 2010

• "The New Audit Landscape: MICs, MACs & RACs," American Health Lawyers Association (AHLA): Hospitals and Health Systems Law Institute, February 25-26, 2010

• "Roundtable on Legal Issues for RAC and Beyond," and "The Basics of the MAC, MIC & RAC Appeals Process," 3rd Annual Medicare RAC Summit, March 4-5, 2010

• "RAC Preparation & Successful Appeals," Health Care Compliance Association's (HCCA) 14th Annual Compliance Institute, April 18-21, 2010