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Articles

Key Considerations for Hospital-Physician Joint Venture Ambulatory Surgery Centers

By Adria Warren, Foley & Lardner LLP

This article highlights key considerations for hospitals in evaluating, developing, and implementing an ASC transaction, with a focus on fraud and abuse considerations related to investing alongside physicians. It also highlights the type of regulatory analysis that providers and others contemplating transactions involving health care entities must consider and address.

Articles

The 340B Drug Pricing Program: Key Thing to Know

By Adria Warren, Partner, Foley & Lardner LLP, Anil Shankar, Partner, Foley & Lardner LLP, and Madeline Knight, Associate, Foley & Lardner LLP

Since its inception in 1992, the 340B Drug Pricing Program (340B Program) has provided eligible health care providers (covered entities) access to significant discounts on the cost of outpatient pharmaceuticals from participating manufacturers.

Over the past 15 years, the 340B Program’s size and scope has expanded due to actions by Congress and the federal Health Resources and Services Administration (HRSA). This article provides an overview of the program's current state.

Articles

Quick Overview: Federal Fraud and Abuse Laws Applicable to Patient Assistance Programs

By Foley & Lardner LLP

The provision of patient assistance, including transportation and other free or discounted items and services to patients by health care providers and suppliers implicate certain fraud and abuse laws.

These law include the prohibition on beneficiary inducements under the federal Civil Monetary Penalties (“CMP”) Law and the federal Anti-Kickback Statute (“AKS”).

This article provides a summary of the CMP Law and AKS and certain exceptions under those laws.

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