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Proceed With Caution: Matters To Consider For Business Lawyers Transitioning Into Health Care, Craig B. Garner
Proceed With Caution: Matters To Consider For Business Lawyers Transitioning Into Health Care, Craig B. Garner
Craig B. Garner
While the subject of health care law makes headlines daily across the nation, there is still a sizeable chasm between health care lawyers and their business counterparts. Sometimes complicated, health care law is by no means exclusive, and opportunities abound for an able practitioner. Notwithstanding, in today’s climate of reform it is essential that those practicing American health care law honor and obey the hierarchy surrounding its discipline as it struggles to stay afloat amid a rising tide of constitutional, partisan and fiscal challenges. In most states, attorneys are mindful that when venturing into areas of law outside their usual …
60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner
60 Days To Pay – Has Medicare Reached The Point Of No Return?, Craig B. Garner
Craig B. Garner
In February the Centers for Medicare & Medicaid Services (“CMS”) clarified an oft quoted existing rule: Providers must return overpayments to Medicare within 60 days “after the date on which the overpayment was identified,” or in the alternative, “the date any corresponding cost report is due, if applicable.” For providers of any size, failure to report and return Medicare overpayments pursuant to these temporal requirements may result in potential liability under the Federal False Claims Act, resulting in substantial monetary penalties and the risk of being denied future claims for reimbursement. The systemic problems facing the Medicare system today should …
Adjudicating Health Care Reform By Dissent, Craig B. Garner
Adjudicating Health Care Reform By Dissent, Craig B. Garner
Craig B. Garner
The procedural infrastructure within which the nation’s judicial system operates is as important as the canons of law the Courts espouse. Sometimes, however, courts bypass these procedural tenets without compromising their integrity, often by way of dissenting opinions. On the cusp of a historic moment when it entertains 330 minutes or oral argument on the topic of health care reform, the United States Supreme Court commands the nation’s full attention. Typically known for its stoicism, the Supreme Court recently ruled on another health care related matter, one involving California’s Medicaid program. With what appears to be a majority opinion out …