[ Wednesday, May 24, 2006 ]


Off-topic, but healthcare related: If you deal much with healthcare regulations, you're aware of the federal antikickback statute (sometimes short-handed to "fraud and abuse"), which outlaws the payment for referrals of government-pay patients. And you're probably aware that several states have adopted state law versions of fraud and abuse restrictions, often adding in "all payor" categories of patients. In fact, the Texas legislature tried to do that in 1991, drafting a state law that purports to outlaw payment for referrals of any patients; however, the legislation is so poorly drafted that it actually contradicts itself and makes itself virtually unenforceable. Which might explain why there have been no prosecutions under that law in Texas.

Florida also has a state fraud and abuse law, but the Florida Supreme Court has just struck down the anti-kickback provisions as being preempted by federal law. I haven't read the case yet, but it looks interesting, if you're into that sort of thing.

Jeff [12:23 PM]

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