A recent decision by the US District Court for the Western District of Pennsylvania provides some help.
The full text of the Proposed Rule is available here.
CMS will accept comments on the Proposed Rule until p.m. If you have any questions about the implications of the Proposed Rule, or if you are considering submitting comments to CMS regarding the Proposed Rule, please contact any member of Drinker Biddle’s Health Care team.
This article will try to unpick the various legal threads of when you can and cannot backdate documents, and what the consequences will be if you do.
The first and most important thing to note about the consequences of backdating a document is that it is potentially a criminal offence.
Financial Services Law360 UK and Insurance Law360 UK provide breaking news and in-depth analysis on U. and European Union regulation, enforcement, legislation, and litigation involving banks, investment firms, insurers, and more.
The amendments to the Stark rule that became effective January 1, 2016 have proved vexing to apply in at least one area: deciding whether an arrangement satisfies the writing requirements of the lease and personal services exceptions.The Proposed Rule appears to reflect two key themes: Though the Proposed Rule will not be finalized until late fall 2015, there are several areas in which CMS clarified its position on existing regulations, and providers may rely on those clarifications as they review past and present conduct.Below are the top ten Stark Law takeaways from the Proposed Rule.Law360, New York (October 9, 2014, PM EDT) -- A whistleblower on Wednesday urged a Pennsylvania federal court to grant partial summary judgment on his Stark Law claim that a hospital had a professional relationship with a group of cardiologists, to establish the foundation for his qui tam suit over an alleged kickback scheme involving false Medicare claims.In his motion, cardiologist Tullio Emanuele said the undisputed evidence showed western Pennsylvania’s Hamot Medical Center and a group of cardiologists with whom he once practiced had a professional relationship that violated the Stark Law, so there...Specifically, the 2009 Final Rule amends the current Stark exceptions for the rental of office space, the rental of equipment, fair market value compensation arrangements, and indirect compensation arrangements to prohibit the use of compensation formulae for space or equipment leases based on a percentage of the revenue raised, earned, billed, collected or otherwise attributable to the services performed or business generated in the leased office space or to the services performed on or business generated by the use of leased equipment.