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  Highlights of the OIG's 2014 Work Plan
The United States Department of Health and Human Services ("HHS") Office of Inspector General ("OIG") released its Fiscal Year 2014 Work Plan ("2014 Plan") on January 31, 2014. The OIG releases a work plan annually to identify the new and ongoing investigative, enforcement and compliance activities that it will undertake during that fiscal year ("FY").1 Providers may find the work plan to be a useful resource for focusing their compliance efforts and reviews. The OIG's annual work plan provides an indication of OIG enforcement priorities during the year. In FY 2013, the OIG reported expected recoveries of over $5.8 billion, including nearly $850 million in audit receivables and approximately $5 billion in investigative receivables. The OIG also reported FY 2013 exclusions of 3,214 individuals and entities from participation in Federal health care programs; 960 criminal actions against individuals or entities that engaged in crimes against HHS programs; and 472 civil actions, including false claims and unjust enrichment lawsuits, civil monetary penalty settlements and administrative recoveries related to provider self-disclosure matters.

  A Look Ahead: Top 5 Health Law Issues for 2014, State Bar of Wisconsin, WisBar InsideTrack, Vol. 6, No. 1 (Jan. 2, 2014).
A Look Ahead: Top 5 Health Law Issues for 2014, State Bar of Wisconsin, WisBar InsideTrack, Vol. 6, No. 1 (Jan. 2, 2014). From Affordable Care Act implementation to the continued transition to quality and evidence-based medicine, we expect to see a host of new regulatory and industry changes in 2014. Moreover, federal and state governments will continue to ramp up detection and enforcement of fraud, abuse, and other laws. These changes provide ample opportunities for lawyers to represent and counsel health care industry clients. In addition to health lawyers, these changes and new opportunities will also affect lawyers who practice in other areas, including business, antitrust, technology, employee benefits, and elder law. Below is an overview of five hot issues in health care law that practitioners – new and seasoned – should monitor in 2014.

Securities Law
  SEC's New Regulation D Rules Become Effective September 23, 2013
On July 10, 2013, the Securities and Exchange Commission ("SEC") amended Rule 506 of Regulation D by adding Rule 506(c), which eliminates the prohibition against general solicitation and advertising in conducting private placements under Rule 506. In adopting this change, which was mandated by the Jumpstart Our Business Startups Act of 2012, the SEC added a requirement that an issuer conducting a Rule 506(c) offering using general solicitation or advertising must affirmatively take reasonable steps to verify that the purchasers of the securities are accredited investors. Also on July 10, 2013, the SEC adopted amendments to Regulation D that impose "bad actor" disqualification requirements on private placement offerings under Rule 506, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Rule 506(c) and the "bad actor" disqualification requirements codified under Rule 506(d) become effective September 23, 2013.

  Casting a Wider Net: Health Information Privacy Is Not Just for Health Lawyers
reprinted from the September 2013 Wisconsin Lawyer, the official publication of the State Bar of Wisconsin Do you provide legal services to health care providers, health insurers, or health care clearinghouses? Do your clients support health care entities? In the course of representation, do you use, disclose, create, access, transmit, or maintain health information? If so, keep reading. You may now be subject to expanded liability under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH Act), and these acts' implementing regulations.

Health Care Reform Employer Response Team
  Employers Still Must Play Nice: "Pay or Play Rules" Delayed, but Compliance Planning Must Continue
On July 2, 2013, the U.S. Treasury Department announced that implementation of the Pay or Play Rules of the Affordable Care Act ("ACA") will be delayed one year until January 1, 2015. Employers, however, should not delay their compliance planning.

  von Briesen & Roper, s.c. Announces Promotions
MILWAUKEE, WI (July 16, 2013) – Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced the promotion of Attorneys Jason Fathallah, Sarah Platt, Doug Raines, Jessica Reginato, Rachel Schepp, Mark Schmidt, Anne Wal, James Wawrzyn and Brion Winters to Shareholders of the firm.

Health Care Reform Employer Response Team
  Affordable Care Act Imposes PCORI and Transitional Reinsurance Fees on Employers' Self-Insured Group Health Plans
If you are an employer that sponsors a self-insured health plan for your employees, you will be subject to two new fee requirements under the Affordable Care Act ("ACA") this year and the next few years.* The first fee, the Patient Centered Outcomes Research Institute ("PCORI") fee, is effective for plan years ending on or after October 1, 2012 and before October 1, 2019. For an employer sponsor of a plan with a plan year that ended between October 1, 2012 and December 31, 2012, the first PCORI payment is due July 31, 2013. The second fee, the transitional reinsurance fee, will be effective for 2014, 2015 and 2016. Sponsors of self-insured plans will be required to file an enrollment report with the Department of Health and Human Services by November 15 of each of the three years that the fee will be in effect. The first transitional reinsurance enrollment report will be due November 15, 2014. The PCORI and transitional reinsurance fees are assessed on health insurance companies and employer sponsors of self-insured health plans. This Update focuses on the rules for sponsors of single-employer self-insured health plans.

Fraud & Abuse and Stark
  No Easy Street for Addressing Stark Law Liability: A Law Review Q&A
Reprinted from the Advisory Board Company's Daily Briefing, "No Easy Street for Addressing Stark Law Liability," June 28th, 2013, available at: It's no secret that the Stark Law continues to be a powerful tool in the federal government's arsenal for battling Medicare fraud and abuse. In 2013, enforcement efforts have resulted in a wave of provider settlements involving unlawful physician compensation and referral arrangements, ranging from $60 to a recent $25 million agreement by a large health system in the mountain west. The penalties stemming from a jury trial verdict against a southeastern hospital could be $237 million if the federal government has its way.

Health Information Privacy and Security
  The Brave New World of HIPAA Breaches: Omnibus Rule Changes the HIPAA and HITECH Landscape
Now, more than ever, the health care industry must work diligently to protect privacy and security of health information. The scope of regulation has expanded, the enforcement authority and resources of the U.S. Department of Health and Human Services Office for Civil Rights ("OCR") has grown, and the financial penalties have increased. According to a recent Advisory Board survey, general counsel and compliance professionals indicated that compliance with HIPAA was an area where they had the greatest need for legal guidance or support.

Health Care Reform Employer Response Team
  Compensation & Benefits Law Update
Department of Labor Guidance on Required Notice to Employees Regarding Health Insurance Exchanges IRS Announces 2014 Inflation Adjustments for Health Savings Accounts and High Deductible Health Plans IRS to Review 457(b) Plans
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