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Sixth Circuit in MedQuest: No FCA Liability for Violation of Medicare Conditions of Participation Without Violation of Conditions of Payment

April 25, 2013

On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc., a large provider of diagnostic imaging services, and three of its Nashville, TN-area facilities. The decision, which analyzed Medicare regulations concerning conditions of participation and conditions of payment, further clarifies for health care providers that, in the Sixth Circuit’s view and similar to the views of some other circuits, violations of Medicare conditions of participation, absent violations of conditions of payment, are not a basis for FCA liability. Moreover, the decision clarifies the Sixth Circuit’s view that violations of certain Medicare requirements should not be construed as violations of Medicare conditions of payment. Read More

The High Court Has Spoken on Health Care—What’s Next for Physicians?

Aug. 14, 2012

The health care community is still digesting the Supreme Court’s much anticipated and surprising decision on the Affordable Care Act (ACA).  Chief Justice John Roberts confounded experts on both sides ... Read More

Affordable Care Act Upheld

June 28, 2012

In a 5-4 vote, the Supreme Court today upheld the Affordable Care Act in its entirety with the exception that states may opt out of the Act's requirement of expanded ... Read More

Advising the Modern Day Columbus: A Checklist for the Multi-State Teleradiology Provider

Jan. 25, 2012

This article was originally published online at mHIMSS (December 1, 2011). Read More

Are Remote Deposit Services Safe?

Oct. 17, 2011

This article was originally published in HBMA Billing e-Newsletter, Vol. 16, Iss. 4 (Jul.-Aug. 2011). Read More

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