Effective February 3, 2015, new Medicare rules go into effect regarding the enrollment and revocation of licenses of providers and owners. Most significantly, new enrollment rules change how Medicare will consider past unpaid overpayments in reviewing applications for new provider enrollment.
Sweat Equity Arrangements in Healthcare
Many healthcare companies wish to reward their employees and associates for their hard work by allowing them to earn sweat equity in the business. However, in the healthcare industry, the Federal Anti-Kickback Statute and related state statutes may prohibit such arrangements when the benchmarks for earning equity are based on the number of referrals or a growth in the business.
Liability for Overpayments - Affiliated Companies
Oftentimes, our clients own multiple healthcare businesses in one or more areas, such as home health, hospice, or adult day care facilities. The question then arises: When one business is assessed an overpayment by Medicare (the assessed business), are the other affiliated businesses and the owners liable for the overpayment?
