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RECENT DEVELOPMENTS IN HEALTH CARE LAW

RECENT DEVELOPMENTS IN HEALTH CARE LAW

IRS Letter Ruling 200218037. The IRS ruled that a public charity’s role in a partnership that operates an MRI facility furthered its charitable purposes.

JCAHO News Release, April 15, 2002. JCAHO announced the appointment of a group of physicians, nurses, pharmacists and other patient safety experts to advise JCAHO in the development of its first set of National Patient Safety Goals. Beginning with surveys conducted after January 1, 2003, providers that are found not to be in compliance with the National Patient Safety Goals will receive a Requirement for Improvement, which is a type I recommendation.

OIG Advisory Opinion No. 02-4, issued April 19, 2002. The OIG concluded that, based on the facts contained in the Advisory Opinion, a durable medical equipment (“DME”) company would not be in violation of the anti-kickback statute for placing an inventory of its portable oxygen equipment on-site at certain hospitals, clinics and physician offices for distribution to patients who: (1) have been prescribed oxygen; (2) have elected to obtain the equipment from that particular DME supplier; and (3) who are being sent home.

CMS Health Care Industry Market Update Regarding Acute Care Hospitals, issued April 29, 2002. Subjects include the general financial conditions of for-profit and non-profit hospitals, and growth trends in regard to both.