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Miles & Peters advises clients concerning choice of business entities and changes in organizational structure to tailor their businesses to their individual needs. These services range from formation of small businesses to the organization and formation of provider networks. The firm also advises buyers and sellers in the acquisition, sale or merger of their businesses involving either assets or equity interests. Miles & Peters attorneys also counsel on a wide range of other commercial issues including leasing, complex commercial contracts and legal opinions for purchase and sale transactions or refinancing.

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DHHS OIG SAYS LAB’S PROPOSAL TO OFFER DIALYSIS FACILITIES FREE LAB SERVICES IS SUSPECT UNDER ANTI KICKBACK STATUTE

A laboratory’s proposal to provide free lab test preparation services and supplies to dialysis facilities could generate prohibited remuneration under the Anti Kickback Statute and lead to the imposition of administrative sanctions, the Department of Health and Human Services Office of Inspector General (OIG) found in Advisory Opinion NO. 04-16. The OIG found the proposed arrangement problematic.

To read Advisory Opinion No. 04-16, which was posted November 24, go to http://www.healthlawyers.org/docs/ask2004/AO_0416.pdf.

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DOJ OFFERS GUIDANCE ON NONDISCRIMINATION AGAINST
LIMITED ENGLISH SPEAKERS

The Civil Rights Division of the U.S. Department of Justice issued guidance October 26 on what recipients of federal assistance-including hospitals-must do to ensure they are not discriminating against those with limited English proficiency.

The guidance is online at www.usdoj.gov/crt/cor/lep/Oct26Memorandum.htm.

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CMS PUBLISHES NATIONAL PROVIDER IDENTIFIER FINAL RULE

On January 23, 2004 CMS published the long awaited National Provider Identifier (NPT) final rule. This NPT final rule requires all health care organizations to use an assigned identifier for each health care provider when filing and processing electronic claims and other standard transactions.

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