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Articles 14 results
Articles
06.20.2023
The Shifting Landscape of Antitrust Lawsuits in the Medical Field
Archer Business Litigation Group Attorney’s Michael Horn and Dylan Newton recently co-authored the Chief Healthcare Executive article, “The shifting landscape of antitrust lawsuits in the medical field.” They continue to discuss widespread staffing shortages in the healthcare industry in the wake of the COVID-19 pandemic, and how the shortages may come to affect Antitrust laws in the medical field as courts are expected to further scrutinize how a hospital’s privileges determination could negatively impact the local healthcare landscape, patient care, and physician access.
Articles
06.08.2023
Health Staffing Shortages May Draw More Antitrust Scrutiny
Archer Business Litigation Group Attorney’s Michael Horn and Dylan Newton recently co-authored the Law60 article, “Health Staffing Shortages May Draw More Antitrust Scrutiny.” They discuss widespread staffing shortages in the health care industry in the wake of the COVID-19 pandemic, and how the shortages may cause courts to begin cracking down on hospitals and hospital systems that have engaged in allegedly anti-competitive behavior.
Articles
03.13.2015
7 Tips For Nabbing A Permanent Labor Certification
Gregory J. Palakow, a Partner in Archer & Greiner's Princeton office, is quoted in this Law360 article in which he discusses tips for obtaining a permanent labor certification.
Client Advisories 21 results
Client Advisories
06.26.2024
Do Your Monthly Checks to Avoid Fines and Risk of Exclusion from Federal Health Care Programs
Healthcare facilities are urged to remember to perform regular checks of both state and federal lists of excluded individuals and entities – i.e. persons or organizations who are prohibited from participating in federal and state health care programs – to ensure that their employees, independent contractors and vendors are not on such lists. As a general rule, federal health care programs such as Medicare will not pay for items or services which are furnished, ordered, prescribed, or supplied, whether directly or indirectly, by an individual or entity (i.e. a “Person”) who has been excluded from participation in that federal health care program. If a healthcare entity employs or engages an excluded Person and then bills a federal health care program for any items or services the excluded Person directly or indirectly furnished, ordered, or prescribed, it may also be subject to Civil Monetary Penalties (“CMP”) liability under the False Claims Act (“FCA”). It is important to note that the prohibition on services is broadly defined so as to include not only direct care, but also indirect services such as filling prescriptions, providing transportation services, and performing administrative and management services that are not separately billable. While OIG guidance does permit entities to employ/engage an excluded Person who does not provide any items or services paid for, directly or indirectly, by federal health care programs, doing so requires significant caution and a strict curtailing of their roles and responsibilities to ensure protection from future liabilities. While the regulations concerning exclusions have existed for almost fifty years, it is clear that they remain an important area of enforcement. Since 2023, the federal Office of Inspector General has issued over $2.5 million in CMPs to healthcare entities who have employed an excluded individual.In addition to the federal requirements surrounding excluded individuals, many states have not only adopted versions of the federal exclusion requirements, but have created their own exclusion criteria and penalties associated with employing an excluded individual. For this reason, participating providers should consult not only the federal guidance on exclusion checks, but also their state requirements. Best Practices to Ensure Compliance The responsibility of remaining compliant with state and federal exclusion provisions falls to the billing healthcare provider/ facility. The easiest method to ensure compliance is to maintain a robust compliance program within the entity through the development of policies and procedures that mandate routine checks of all employees and vendors against state and federal exclusion lists. Entities should also maintain records of these completed checks. Because the applicable lists are generally updated every thirty (30) days, it is recommended that entities perform checks upon engagement or employment, as well as every thirty (30) days thereafter. For healthcare providers in New Jersey, we recommend a monthly review of the following databases:
Client Advisories
08.10.2023
CMS Proposes New Regulations Impacting Hospice Agencies
New IDR Process and Special Focus Program Being Implemented for Hospice
Client Advisories
07.26.2023
NJ DOH to Revoke Seven COVID-19 State of Emergency Health Care Facility Waivers
Most recently, as per its website, the NJ DOH will revoke seven health facility waivers as of August 13, 2023. They are:
Press Releases 34 results
Press Releases
09.28.2020
Archer Welcomes Three New Attorneys
Archer is pleased to welcome the addition of three new attorneys to the firm’s Philadelphia and Princeton offices. Lauren Peterson, William Rogers and Nicole O’Hara join the firm’s Health Care, Real Estate Tax Appeal and Intellectual Property practices, respectively.
Press Releases
09.28.2017
Salvatore DeBunda Inducted Into PARX Racing Hall of Fame
Salvatore M. DeBunda, a Partner in Archer’s Philadelphia office, and longtime thoroughbred horse owner and breeder, was recently inducted as an owner into the PARX Racing Hall of Fame. The Hall of Fame recognizes thoroughbred horses, trainers, jockeys, owners and others for their achievements at Parx Racing, and inductees are some of the region’s greatest names in horse racing. Legendary turf writer and journalist Dick Jerardi was inducted along with Mr. DeBunda.
Press Releases
05.31.2017
William P. Isele Installed as President of the Middlesex County Bar Association
William P. Isele, who is Of Counsel in the Princeton office of Archer & Greiner, P.C., was recently installed as President of the Middlesex County Bar Association (MCBA). His installation took place at the Bar Association’s Annual Installation Dinner Meeting on May 10, 2017 at Pierre's of South Brunswick in Monmouth Junction.
Speaking Engagements & Seminars 8 results
Speaking Engagements & Seminars
07.15.2021
When: Thursday, July 15, 2021 10:00am – 10:30am
Speaking Engagements & Seminars
04.24.2020
Fran McElhill and Lisa Albright to speak at New Jersey Hospital Association's Webinar
When: April 24, 2015 1:00pm.
Speaking Engagements & Seminars
05.15.2018
Robert Fogg to Present at NJADSA Annual Meeting
Robert J. Fogg, a Partner in Archer’s Princeton office, will be speaking at the New Jersey Adult Day Services Association’s upcoming annual meeting on May 15th at the Eagle Ridge Golf Club in Lakewood, NJ. Mr. Fogg will be presenting his topic, “Regulatory and Managed Care Update”.