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Nicholas Francis Alarif focuses his practice in health care regulatory and fraud and abuse matters, including the physician self-referral law (Stark Law), False Claims Act (FCA), the Federal Anti-Kickback Statute and other health care compliance matters. He also advises clients on the complex legal and factual issues surrounding Medicare Parts A–D reimbursement and other Centers for Medicare & Medicaid Services (CMS) payment policies. Read Nicholas Francis Alarif's full bio.
Stark Law Proposed Change Affects Group Practice Special Rules for Productivity Bonuses, Profit Shares
By Nicholas Alarif, Monica Wallace, James A. Cannatti III, Daniel H. Melvin, Dana Dombey, Chelsea M. Rutherford and Tony Maida on Oct 22, 2019
Posted In Stark
On October 9, 2019, the US Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) published proposed changes to the physician self-referral law (Stark Law). Physician practices are subject to the Stark Law, and the proposed rule includes an important clarification affecting certain group practices’ compensation models. CMS proposes to revise...
By Nicholas Alarif, Monica Wallace, Joan Polacheck, James A. Cannatti III, Daniel H. Melvin and Tony Maida on Oct 9, 2019
Posted In Anti-Kickback Statute / Stark Law, Stark
On October 9, 2019, the US Department of Health and Human Services (HHS) published proposed changes to the physician self-referral law (Stark Law) (Stark Proposed Rule) and the Anti-Kickback Statute (AKS) and the Beneficiary Inducement Civil Monetary Penalty Law (CMPL) (AKS Proposed Rule). The proposed rules represent some of the most significant potential changes to...
By Matthew L. Knowles and Nicholas Alarif on Apr 26, 2018
Posted In Knowledge/Scienter
On April 11, 2018, the Eleventh Circuit split from several other circuits on the question whether False Claims Act (FCA) relators can rely on the three-year statute of limitations extension in 31 U.S.C. § 3731(b)(2) in cases where the United States declines to intervene. Under § 3731(b), an FCA case must be filed within the later...
By Amy H. Kearbey and Nicholas Alarif on Jun 16, 2017
Posted In Anti-Kickback Statute / Stark Law, Corporate Integrity Agreements, Damages and Penalties, Stark
A hospital system in Missouri recently agreed to settle with the US Department of Justice (DOJ) for $34 million to resolve claims related to alleged violations of the Stark Law. On May 18, 2017, DOJ announced a settlement agreement with Mercy Hospital Springfield (Hospital) and its affiliate, Mercy Clinic Springfield Communities (Clinic). The Hospital and...
By Nicholas Alarif, Tony Maida and T. Reed Stephens on May 31, 2017
Posted In Anti-Kickback Statute / Stark Law, Attorney's Fees, Rule 9(b) Particularity, Stark
This April, providers cheered when a federal district court in the Middle District of Florida found insufficient evidence to support a relator’s theory that a hospital had provided free parking to physicians, in violation of the Stark Law and Anti-Kickback Statute (AKS). In the Report and Recommendation for United States ex rel. Bingham v. BayCare...