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Legal

The Impact of Regulation on Health Care

Legal: Non-Compete Agreement Trends

Although the trend is certainly against non-compete agreements or restrictive covenants in the health care industry, some state courts have affirmed their use.

Legal: Non-Compete Agreement Trends2022-03-20T09:03:53-04:00

Complaints About Referrals Must Be Based on Facts

The owner of a supplier of home medical equipment (HME) complained that her company did not receive referrals from TidalHealth Nanticoke Hospital. The Court dismissed the owner’s lawsuit because she could not prove her claims. This case illustrates why providers who complain about practices of referral sources must have facts to support their claims. 

Complaints About Referrals Must Be Based on Facts2022-03-20T09:03:53-04:00

The Latest on Recoupment of Overpayments

In a November 2021 decision, the U,S, Court of Appeals said that CMS can recoup overpayments from providers even though its appeals are still pending before Administrative Law Judges.

The Latest on Recoupment of Overpayments2022-03-20T09:03:53-04:00

Legal: What Can Providers Give to Patients?

Providers, including marketers, are tempted to give patients free items and services. But be careful! These activities may violate laws prohibiting providers that participate in state and federal health programs from giving free items and services to patients.

Legal: What Can Providers Give to Patients?2022-03-20T09:03:53-04:00

To The Point

November-December 2021 Issue
FREE PUBLISHER'S MESSAGE In this issue of The Remington Report, we will provide actionable insights to guide your organization forward.

To The Point2022-03-20T09:03:53-04:00

Can Hospitals Require Physicians to Direct Referrals?

November-December 2021 Issue
FREE CONTENT Effective on January 19, 2021, new regulations related to the Stark laws expanded and underscored the ability of hospitals to require physicians to send referrals to particular providers. These new regulations also make it clear that providers can monitor and enforce requirements to direct referrals to designated providers.

Can Hospitals Require Physicians to Direct Referrals?2022-08-21T11:39:32-04:00

Legal Perspective on Patient Choice

What are the fraud implications when patients' rights are violated? What is the role of physicians in patients' freedom of choice? The Remington Report gets answers from Attorney Elizabeth Hogue.

Legal Perspective on Patient Choice2022-03-20T09:03:54-04:00

What Legal Parameters Establish Patient Choice?

May-June 2021 Issue
The right of patients to choose providers has generated considerable conflict within the provider community. In this article, learn the four key legal sources supporting patient choice and actions your organizations and patients can take to have them enforced.

What Legal Parameters Establish Patient Choice?2022-08-21T11:31:57-04:00

OIG’s Audit: Home Health Telehealth Payments

On a temporary basis, CMS issued blanket Section 1135 to healthcare professionals in response to the COVID-19 public health emergency (PHE). But now the OIG wants to be sure the rules are being followed. This Remington Report special report dives into the subject of home health telehealth payments.

OIG’s Audit: Home Health Telehealth Payments2021-10-23T11:29:41-04:00

OIG Says Providers Can Offer Services to Caregivers

November-December 2020 Issue
In Advisory Opinion No. 18-05; issued on June 18, 2018; the OIG addressed the circumstances under which providers can establish “caregiver centers” that provide or arrange for free or reduced-cost support services to caregivers in local communities.

OIG Says Providers Can Offer Services to Caregivers2022-08-21T11:34:58-04:00

Marketing Hospice Service to ALF: Preferred-Provider Agreements

September-October 2020 Issue
How do anti-kickback statutes apply if providers or Assisted Living Facilities (ALFs) are involved in referral arrangements and receive any type of federal or state funds? Attorney Elizabeth Hogue breaks it all down.

Marketing Hospice Service to ALF: Preferred-Provider Agreements2022-08-21T11:35:22-04:00

Legal: Managing the Risks of Wound Care

Wound care is a risky business these days. Providers who render wound care services are at risk for many things, including liability for negligent wound care, violation of fraud and abuse prohibitions based on substandard wound care, and liability for abandonment when wound care services are discontinued.

Legal: Managing the Risks of Wound Care2022-03-20T09:03:54-04:00

COVID 19: Key Legal Issues

May-June 2020 Issue
It’s an important time to review legal questions and issues related to COVID-19. There is a lot of mis-information flying around and it’s easy for providers to get tripped up. But providers must ensure that they are doing it right in order to avoid a day of legal reckoning that could threaten their businesses in the future.

COVID 19: Key Legal Issues2022-08-21T11:37:02-04:00

16 Things To Know About Stark Laws

The Stark Law is a set of U.S. federal laws that prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient.

16 Things To Know About Stark Laws2021-10-23T11:55:22-04:00

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