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C B Oppenheim

Publications and source records attributed to C B Oppenheim.

8 recordsLinked to original sources
PubMed1995

Issues raised by respiratory therapy arrangements.

In large part due to the foregoing issues, Medicare program officials have focused on respiratory therapy as an area with great potential for abuse, and may well introduce significant reforms in the near future. Accordingly, any contractual arrangements for respiratory therapy programs of the type discussed above should be carefully reviewed for compliance with Medicare requirements and for a realistic assessment of the parties' potential exposure to liability under the anti-kickback statute. At a minimum, these agreements should provide for short "without cause" termination provisions, or include a so-called "jeopardy" provision that permits the parties to renegotiate or terminate their contract if significant changes occur in, or if the current arrangement is found or threatened to be found to violate, applicable law.

Contract Services↗
PubMed1994

Federal anti-referral status raises unanswered questions. Part I: Group practice issues.

Although legislation is pending that would require the federal government is issue advisory opinions to those seeking to comply with Stark II (see Press Release #26-A, Committee on Ways and Means, U.S. House of Representatives, July 1, 1994, at 26), such legislation would not entirely solve these interpretive problems, as questions encountered under Stark II are likely to be far too frequent and the response time too long to make it practical to obtain opinions each time. Thus, until such time as Stark II is amended, clarifying regulations are issued, or courts interpret it meaning, physicians who practice in groups that provide designated services must hope that federal enforcement agencies use common sense and understanding in applying an ambiguous statute to real life situations, affording leniency toward participants in arrangements that fit within reasonable interpretations of the statute's exceptions.

Group Practice↗