Improper Management Agreements Serve as Basis for $10 Million Dollar Settlement

The Department of Justice (DOJ) released a statement on March 31, 2015 discussing a recent settlement agreement with Robinson Health System, Inc., based in Ohio. The settlement arose from allegations that the health system had violated both the Anti-Kickback Statute and the Stark self-referral prohibition by entering into management agreements with physician groups who allegedly did not provide sufficient bona fide management services to justify the amount of the payments. This settlement is a good reminder to physician groups and… Read More >

Stark Law Recognizes Same Sex Marriages for Purposes of Immediate Family Member Definition

CMS recently updated its Frequently Asked Questions related to the prohibition on physician self-referral to be consistent with Department policy to treat same-sex marriages “on the same terms as opposite sex marriages to the greatest extent reasonably possible.” In reaction to the Supreme Court’s decision in United States v Windsor, where the Court found part of the Defense of Marriage Act unconstitutional, CMS clarified that the definition of an “immediate family member” of a physician does include the lawfully married same-sex… Read More >