The October 2023 edition of McDermott’s Healthcare Regulatory Check-Up brings to light significant regulatory activities in the healthcare space, posing crucial implications for legal professionals in the sector. The newsletter discusses some critical enforcement actions involving violations of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS).
False Claims Act is a federal law targeting anyone who fabricates claims or makes deceptive statements to receive funds from the government. The Anti-Kickback Statute, on the other hand, is a criminal statute that forbids the transaction of bribes or rewards for the recommendation or referral of federal healthcare program business.
The spotlight this month is on a number of enforcement actions around these two major legal pillars. Any professionals working in compliance or regulatory roles within healthcare corporations should stay abreast of these developments, as they may have a direct impact on policies and procedures.
Moreover, the newsletter delves into the recent Office of the Inspector General (OIG) advisory opinions on two proposed initiatives. The first one revolves around an employment compensation bonus methodology, while the second pertains to provision of free hearing aids to Medicare beneficiaries, contingent on the sale of a Medicare-reimbursable item.
Such advisory opinions from OIG can play a crucial role in shaping the corporate plans of healthcare companies. They offer insights into the potential legal implications of proposed healthcare arrangements and serve as guiding posts in navigating the complex healthcare regulatory landscape.
Considering the recurring regulatory scrutiny in the healthcare industry, staying updated with such newsletters and understanding their implications becomes vital for legal professionals in this field. This ensures that law firms and corporations are both acting in accordance with regulatory expectations, thus minimizing their risk of legal enforcement and maintaining the trust of their clients and consumers.