Category: Legal Watch
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Are You Ready for Your PPP Loan Audit?
By: Jim Hoover, Burr & Forman PPP loans received by individuals and businesses under the CARES Act will be audited (“reviewed”) by the SBA. PPP loans of $2 million or more will automatically be audited by the SBA. Many PPP loans of less than $2 million will also be audited. Borrowers will often receive notification…
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Physician Compensation Models in Light of Recent Stark Law Changes
by Kelli C. Fleming, Burr Forman On December 2, 2020, the Centers for Medicare and Medicaid Services (“CMS”) finalized sweeping changes to the federal Physician Self-Referral Law, commonly known as the Stark Law. At least one such change may materially impact how physician group practices allocate profits from Stark Law designated health services (“DHS”). Under…
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CMS and OIG Issue Historic Revisions to the Federal Anti-Kickback Statute and Stark Law
By: Anthony Romano with Burr Forman On November 20, 2020, the Centers for Medicare & Medicaid Services and the Office of Inspector General of the Department of Health and Human Services issued two significant final rules to reform the Anti-Kickback Statute and Stark Law in an aim to reduce regulatory barriers to coordination of patient…
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The Perfect Storm for Litigation Resulting From the Paycheck Protection Program (PPP) and Coronavirus Aid, Relief and Economic Security (CARES) Act
By: Jim Hoover Millions of American businesses and self-employed individuals applied for and received Paycheck Protection Program (PPP) loans authorized by the CARES Act. PPP loans are obtained from a bank and guaranteed by the Small Business Administration (SBA). The processes for obtaining loans and loan forgiveness are ripe for many types of possible litigation…
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Five Things to Consider When Selling Your Practice to a Private Equity Firm
By Howard Bogard, Burr Forman A growing number of physicians are selling their medical practices to private equity firms in order to “monetize” their practice, as well as to access capital and obtain operational efficiencies. In the Southeast, we are seeing consistent private equity activity in the specialties of anesthesiology, gastroenterology, dermatology, ophthalmology, oncology, ENT,…
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The Effect Differing Medical Opinions Have On Falsity and Scienter in False Claims Act Lawsuits
By: Jim Hoover with Burr Forman, LLP There is currently a circuit split among the Federal Circuit Courts of Appeals regarding the effect differing medical opinions have on the elements of falsity and scienter in False Claims Act lawsuits. Earlier this year the Third Circuit Court of Appeals ruled that conflicting medical opinions can create…
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Identifying The Proper Documentation For End of Life Care
By Angie C. Smith In the midst of this global pandemic, there have been stories about prioritizing patient care based on the patient’s ability to recover. The stories are heartbreaking and highlight the need for people to have important discussions regarding advance care planning before they get sick and are unable to direct their own…
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What if No One was On Call?
2020 Legislative Recap Over the past few months, “unprecedented” has become an oft-used term. Though the outbreak of infectious disease has been seen throughout history, the COVID-19 pandemic halted nearly all aspects of normal life, sparing not even the 2020 Regular Session of the Alabama Legislature. When it was all said and done, only a…
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Lights, Camera, Action…No!
By: Kelli Carpenter Fleming, Esq. The Office for Civil Rights (“OCR”), the entity responsible for HIPAA compliance and enforcement, has issued a series of guidance documents regarding the interplay of HIPAA and the COVID-19 pandemic. The most recent guidance serves as a reminder to health care providers to follow the requirements of HIPAA when speaking…
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Gov. Ivey Provides Physicians Liability Protections from COVID-19
Today, Gov. Ivey issued an executive order protecting physicians, their staff, and their practices from lawsuits related to COVID-19. The governor’s order, the eighth such supplemental emergency order issued by her administration since the pandemic began, provides a “safe harbor” for services affected by COVID-19 or Alabama’s response to the pandemic and from other COVID-19…