ASC Joint Venture Causes Concern for the OIG
April 01, 2003
The Office of the Inspector General, in OIG Advisory Opinion Number 03-5, recently ruled whether an ambulatory surgery center (ASC) could be jointly owned by a hospital and a multi-specialty group practice that had a substantial number of physician members who would not personally use the ASC (the "Proposed Arrangement"). More specifically, the OIG was asked to provide an opinion about whether or not the Proposed Arrangement would constitute a violation of the anti-kickback statute.
In The Spotlight
April 01, 2003
On March 28, 2003, Tommy G. Thompson, Secretary of the United States Department of Health and Human Services (HHS), announced the publication of a proposed draft guidance to protect human-research subjects from the risks of harm possibly arising from researchers' financial conflicts of interests.
Know Your Billing Software!
April 01, 2003
Attorneys in larger firms don't have to worry if the bills get out the door each month, if suppliers are paid on time, or if the general ledger is balanced. The administrator and "back office" staff take care of this.
Finding Fault
April 01, 2003
One of the most difficult aspects of family law practice is dealing with a client who believes he or she has been wronged by the other spouse — and expects the legal system to respond in a punitive manner.
Separating and Reconciling: What Happens Next?
April 01, 2003
As matrimonial practitioners, the following scenario has confronted many of us: The parties enter into a separation agreement, duly executed and acknowledged, but do not proceed immediately to a divorce. After a futile attempt at reconciliation — during which the parties may have resumed a sexual relationship — an action is brought for a conversion divorce.
Protecting Trade Secrets: The Inevitable Disclosure Doctrine
April 01, 2003
When a former executive accepts a position with a competitor, how does the original company protect its trade secrets? One method is to invoke the doctrine of inevitable disclosure, which prohibits a former executive from competing when he or she cannot help but disclose or use the former employer's trade secrets to do so. Divulging these secrets, of course, would be in violation of the executive's continuing fiduciary duty to his or her former employer.
