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Publications
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Hospital May Have Liability Under Consumer Law or for Negligent Credentialing
December 28, 2012
A hospital could be held liable for violating a state consumer protection law for entrepreneurial, commercial, or business actions, according to a recent decision by the...
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Federal Court Dismisses Relator Lawsuit Alleging False Claims for Hospital Failure to Provide Direct Supervision of Outpatient Cardiac and Pulmonary Rehabilitation Services
December 28, 2012
On December 14, 2012, the United States District Court, District of Minnesota, dismissed a qui tam relator lawsuit alleging that a hospital violated the federal False...
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WakeMed Agrees to $8 Million Settlement for Wrongful Medicare Billing Practices
December 28, 2012
North Carolina-based WakeMed Health & Hospitals has agreed to pay an $8 million settlement to the U.S. Department of Justice ("DOJ") in order to resolve a...
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FDA Signs Statement of Cooperation Regarding Medical Device Auditing with Brazil, Australia, and Canada
December 27, 2012
On November 27, 2012, the FDA signed a statement of cooperation ("SOC") with the food and drug administration agencies of Brazil (the Brazilian Health...
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CMS Clarifies Medicare Requirements Regarding Progress Notes and Templates, and Corrections and Delayed Entries in Medical Records
December 27, 2012
In Transmittal 438 (Change Request 8033 (Nov. 9, 2012)), CMS revised Medicare Program Integrity Manual (100-08), Chapter 3, Section 3.3.2.1.1, "Progress Notes and...
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Court of Federal Claims Says Medicare Providers May Not Sue the Government for Breach of Contract over Regulatory Violations But May Pursue Takings Claims
December 26, 2012
The U.S. Court of Federal Claims recently held that a company that is allowed to bill Medicare for services it provides does not necessarily have a contract with the...
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Report Finds Over 4,000 Physician “Never Events” Per Year
December 26, 2012
Each year, U.S. surgeons make more than 4,000 preventable mistakes known as "never events" according to a Johns Hopkins University School of Medicine study...
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GAO Report Recommends CMS Coordination of Innovation Programs
December 25, 2012
On December 17, 2012, the Government Accountability Office ("GAO") published a report assessing Center for Medicare and Medicaid Innovation (the "Innovation...
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Obama Administration and Congress Fail to Reach Agreement Avoiding the Fiscal Cliff
December 24, 2012
As of December 21, 2012, the Obama Administration and Congress have failed to reach an agreement to avoid the so-called "fiscal cliff," under which in January...
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European Parliament Approves EU Unitary Patent Package
December 21, 2012
On December 11, 2012, the European Parliament announced that it has voted to approve the three pieces of legislation forming the "EU patent package", made up of...
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CIETAC’s separation--issues for parties with CIETAC arbitration clauses
December 2012
This bulletin outlines the implications, for parties looking to arbitrate in China, of the recent split between the China International Economic and Trade Arbitration...
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中国国际经济贸易仲裁委员会的分立——当事人关于中国国际经济贸易仲裁委员会仲裁条款的问题
December 2012
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GAO Report Recommends Expanded Use of Prepayment Edits
December 20, 2012
On November 13, 2012, the Government Accountability Office ("GAO") published report GAO-13-102, "Greater Prepayment Control Efforts Could Increase Savings...
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The Court of Justice of the EU Rules on the Definition of ‘Medical Devices’
December 20, 2012
Recently, the Court of Justice of the European Union (the "CJEU") ruled on the referral from Germany's highest Court, the Bundesgerichtshof, in Brain...
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CMS Issues Instructions for Clinical Diagnostic Laboratories that Bill Medicare
December 19, 2012
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On November 30, 2012, CMS issued Change Request 8132 (Transmittal 2601), which provides instructions for the Calendar Year ("CY") 2013 clinical laboratory fee...
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