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Amanda Enyeart maintains a general health industry and regulatory practice, focusing on fraud and abuse, information technology and digital health matters. Amanda advises health care industry clients in all aspects of software licenses and other agreements for the acquisition electronic health record (EHR) systems and other mission critical health IT. Amanda’s health care IT transactional experience also includes advising clients with respect to software development, maintenance, service and outsourced hosting arrangements, including cloud-computing transactions. Read Amanda Enyeart's full bio.
Fifth Circuit Affirms Summary Judgment where Whistleblower Offered No Evidence of the Requisite Scienter
By Amanda Enyeart on Mar 22, 2016
Posted In Knowledge/Scienter, Retaliation
On March 7, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment by the U.S. District Court for the Northern District of Texas in favor of Kaner Medical Group and its owner, David Kaner, in a qui tam suit brought under the False Claims Act (FCA). United States ex...
By Amanda Enyeart on Feb 5, 2016
Posted In Corporate Integrity Agreements, Medical Necessity
RehabCare, the nation’s largest provider of nursing home rehabilitation services, agreed to pay $125 million on January 12 to settle claims under the False Claims Act (FCA) in connection with allegations that it caused its skilled nursing facility customers to submit false claims to Medicare for therapy services. In connection with the settlement, RehabCare entered...
By Amanda Enyeart and Tony Maida on Oct 20, 2015
Posted In Anti-Kickback Statute / Stark Law, Pharmaceuticals
As many health lawyers know, the government usually only pursues the person or entity that offers or pays allegedly improper remuneration, even though the federal Anti-Kickback Statute (AKS) also applies to those to solicit or receive it. This uneven enforcement pattern occurs for a variety of reasons — the alleged payor is the focus of...
By Amanda Enyeart on Aug 3, 2015
Posted In Anti-Kickback Statute / Stark Law, Stark
There has been a flurry of judicial and administrative activity regarding the Stark Law in recent weeks, bringing both promises of reprieve for the health care industry in complying with the technicalities of the law, and reminders of the need for executive vigilance when evaluating and approving transactions with referring physicians. On July 15, 2015,...
CMS Proposes Stark Law Amendments, Requests Comments on Whether Stark Law Is Barrier to Health Care Reform
By Amanda Enyeart, Amy H. Kearbey, Adam Marks, Daniel H. Melvin, Eric B. Gordon, MD, Joan Polacheck and Tony Maida on Jul 22, 2015
Posted In Stark
The Centers for Medicare & Medicaid Services (CMS) recently published a notice of proposed rulemaking to amend its regulations implementing and interpreting the Stark Law. CMS also used this proposed rule to state its positions on certain questions of Stark Law interpretation and application, and to solicit comments from the industry on whether the Stark...
By Amanda Enyeart on May 20, 2015
Posted In Uncategorized
Two recent actions announced by the U.S. Department of Justice (DOJ), one civil and one criminal, along with a recent speech by Assistant Attorney General Leslie R. Caldwell, illustrate the current climate of government enforcement related to mental health services (i.e., intensive outpatient psychotherapy (IOP) and partial hospitalization program (PHP) services). In her speech, Caldwell...