In the Congressional Appropriations Act passed in December 2022, Congress adopted a new Stark exception and Anti-Kickback safe harbor for wellness programs for physicians and other clinicians. Specifically, the new law provides that counseling, mental health services, suicide and substance abuse prevention programs offered by hospitals and other providers with a formal medical staff will not violate the Stark law or Anti-Kickback Statute so long as the are set out in a board-approved policy that meets five specific elements described in the statute.

Join HortySpringer Partners Henry Casale and Dan Mulholland on this new Health Law Expressions podcast episode as they explain the new law and what you should do to take advantage of it.  

The Kickback Chronicles, Episode 18

On this week’s episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar discuss what happens when a Chief Compliance Officer stops performing in accordance with his job description and instead becomes the center of a fraudulent scheme.  

Listen now to this episode of The Kickback Chronicles to see what you can learn from the misfortune of others.

The U.S. Supreme Court recently held that in order to violate the False Claims Act,  a defendant’s knowledge and subjective beliefs matter—not to what an objectively reasonable person may have known or believed.  That case – U.S. ex rel Schutte v. Supervalu, Inc. – dispels the notion that defendants can skate on an FCA claims by coming up with after-the-fact justifications.  Understanding this case and its implications is a must for any compliance officer or in house or external counsel in the health care field.  

Join HortySpringer partners Henry Casale and Dan Mulholland as they explain this case and what it will mean for health care providers in this new podcast episode.   

 The Kickback Chronicles, Episode 17

On this week’s episode of The Kickback Chronicles, HortySpringer attorneys Henry Casale and Hala Mouzaffar examine a pharmacogenetic testing scheme spanning several states and take a closer look at the spider web of arrangements that frauded Medicare out of $28 million.  

Listen now to this episode of The Kickback Chronicles to see what you can learn from the misfortune of others.

 The Kickback Chronicles, Episode 16

On this week’s episode of The Kickback Chronicles, HortySpringer attorneys Henry Casale and Hala Mouzaffar examine one of their favorite archetypes: the repeat offender. They examine how a former PA already convicted for practicing without a license re-emerged years later to repeat her crimes.  

Listen now to this episode of The Kickback Chronicles to see what you can learn from the misfortune of others.

 The Kickback Chronicles, Episode 15

On this week’s episode of The Kickback Chronicles, HortySpringer attorneys Henry Casale and Hala Mouzaffar examine a massive scheme involving a compound pharmacy and TRICARE. They take an especially close look at the lengths this group went to after they were caught to cover their trail and falsify documents—all in a fruitless effort to vindicate themselves of any wrongdoing.  

Listen now to this episode to see what you can learn from the misfortune of others.

 The Kickback Chronicles, Episode 14

On this week’s episode of The Kickback Chronicles, HortySpringer attorneys Henry Casale and Hala Mouzaffar examine a scheme involving ophthalmology surgery equipment. In a scheme seemingly drenched in kickbacks, find out why the company and its owner decided to roll the dice and take their case to trial.  

 The Kickback Chronicles, Episode 13

On this week’s episode of The Kickback Chronicles series, HortySpringer attorneys Henry Casale and Hala Mouzaffar see how encompassing pharmaceutical fraud can be by taking a closer look at three recent cases, each involving prescriptions, each entirely unique from the others, and each more expensive than the last.  

Listen now to this episode of the “Kickback Chronicles” to see what you can learn from the misfortune of others.

The Kickback Chronicles, Episode 12

On this week’s episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar look at a North Carolina Medicaid fraud scheme in which Medicaid recipients were required to submit medical unnecessary urine specimens that were billed to the North Carolina Medicaid program in order to participate in subsidized housing programs, after school programs, and mental health and other clinics.

 Listen now to this episode of the “Kickback Chronicles” to see what you can learn from the misfortune of others.

 The Kickback Chronicles, Episode 11

On this week’s episode, HortySpringer attorneys Henry Casale and Hala Mouzaffar review the recent sentencing of two individuals connected with over prescribing Subsys, one of the drugs at the center of the opioid crisis.  

Listen now to this episode of the “Kickback Chronicles” to see what you can learn from the misfortune of others.