
Thomas Crane retired from Mintz in 2021. He was previously a Member in Mintz’s Litigation Practice.
viewpoints
CMS Releases MACRA Final Rule, Easing 2017 Reporting Requirements
October 18, 2016 | Blog
On October 14, 2016, the Centers for Medicare and Medicaid Services (CMS) released the final rule for the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA).
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Supreme Court Adopts Implied False Certification Theory in Universal Health Services v. United States ex rel. Escobar But Imposes Limits
June 20, 2016 | Advisory | By Laurence Freedman
On June 16, 2016, a unanimous Supreme Court issued its long-awaited decision in Universal Health Services v. United States ex rel. Escobar (“Escobar”). The Court ruled that under certain circumstances the theory of “implied false certification” can give rise to liability under the False Claims Act (“FCA”).
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Health Care Enforcement Defense Advisory on Escobar Holding
June 20, 2016 | Blog | By Bridgette Keller
Earlier today, my colleagues Tom Crane and Larry Freedman released a Health Care Enforcement Defense Advisory regarding the Supreme Court's long-awaited, unanimous decision in Universal Health Services v. United States ex rel. Escobar (“Escobar”).
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Alternative Payment Models (APMs) Under MACRA Proposed Rule
May 6, 2016 | Blog | By Lauren Moldawer
Continuing our blog series on CMS’s massive proposed rule for the implementation of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), we dedicate this post to examining the Advance Payment Model (APM) provisions of the proposed rule.
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CMS Proposes “Advancing Care Information” Program to Replace Meaningful Use
May 5, 2016 | Blog | By Dianne Bourque
The Medicare Access and CHIP Reauthorization Act (MACRA) proposes a new approach, with new branding labels, to paying clinicians for the value and the quality of care that they provide by replacing a patchwork of existing quality-related programs, including the Electronic Health Records (EHRs) Incentive Programs, also known as “Meaningful Use.”
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CMS Releases Proposed Rule for MACRA Implementation – Overview and Merit-Based Incentive Payment Systems (MIPS)
May 3, 2016 | Blog
On April 27, 2016, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule that would put in place key parts of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA).
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Justices Grapple with Limits of False Claims Act Liability in Implied Certification Cases
April 26, 2016 | Blog
Last week the Supreme Court heard oral argument in a False Claims Act (“FCA”) case in which the Court is considering the validity of the so-called implied false certification theory. This theory attaches FCA liability when a person submits a claim for payment notwithstanding a violation of an underlying law or regulation, but without a factually false claim form.
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CMS Eases Regulatory Burdens and Creates New Exceptions in "Phase V" of the Stark Regulations
November 17, 2015 | Alert
On November 16, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published the most significant changes to the physician self-referral law (“Stark Law” or “Stark”) regulations since 2008. Because this rulemaking is the fifth substantive rulemaking under the Stark Law amendments of 1993, it will likely become known as Stark Phase V.
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MACRA’s Advancement of EHR Interoperability and Telehealth
April 24, 2015 | Blog | By Dianne Bourque, Ellen Janos
This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post, payment provisions and offsets in our April 21st post, and provisions relating to program integrity and fraud and abuse in our April 23rd post.
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MACRA: Program Integrity and Fraud and Abuse Provisions
April 23, 2015 | Blog | By Samantha Kingsbury
On Thursday April 16th, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). Pub.L. 114-10. In two previous posts, we discussed MACRA’s repeal of the Sustainable Growth Rate formula (the “SGR”) and physician payment reform, and the payment provisions and offsets established by MACRA.
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News & Press
Mintz Member Thomas Crane and Associate Xavier Hardy co-authored a Bloomberg Law Insights article discussing the COVID-19 pandemic’s impact on the Affordable Care Act (ACA), specifically the staggering unemployment numbers’ emphasis on the ACA’s measures to increase coverage.
Mintz Recognized by Chambers USA 2019
April 26, 2019
AHLA Health Care Compliance Legal Issues Manual
March 5, 2019
Mintz Member and Chair of the Health Law Practice Karen S. Lovitch served as an editor of the Fifth Edition of the American Health Lawyers Association’s “Health Care Compliance Legal Issues Manual,” which provides strategies for addressing the full scope of legal issues critical to health care compliance. Mintz Member Thomas S. Crane also contributed to the publication as an author.
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Outlook 2018: Health Industry Faces Uncertain Regulatory Landscape
December 29, 2017
In looking ahead to 2018 health care trends, Mintz Member Tom Crane, a fraud and abuse and health care enforcement defense attorney, is referenced in the Bloomberg Law article on possible changes to the Stark Law in 2018.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Stark Law Advisory Opinion Process Needs Revamping
March 29, 2017
Member Tom Crane authors this article discussing the decision by the Fourth Circuit court of Appeals in United States ex rel. Drakeford v. Tuomey. The judgment premised on Stark Law violations, and was, according to some, not grounded in Stark Law regulations.
Health Fraud Rule Withdrawal May Hurt Enforcement Efforts
February 1, 2017
This article notes that due to the Trump administration’s delay of a program integrity final rule fraud enforcement could become more of a challenge. Mintz health care attorneys Ellyn Sternfield and Tom Crane weigh in on the issue.
Outlook 2017: New Year May Bring Stark Reform, ACA Repeal, Heavy Dose of Uncertainty
January 6, 2017
In this Bloomberg BNA Health Law Resource Center article, Tom Crane discusses the potential consequences of reforming Stark law. Tom is known for his fraud and abuse defense work and is involved in Mintz’s Health Care Enforcement Defense Practice.
AHA sends Trump a wish list of more lax laws and regulations
December 1, 2016
Mintz Member Tom Crane is quoted in this Modern Healthcare article discussing the American Hospital Association’s request to President-elect Trump to cancel Stage 3 of the meaningful use program.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Outlook 2016: More FCA Cases, Enforcement against Individuals
January 8, 2016
Mintz Member Tom Crane is quoted in this BNA’s Health Care Daily Report article discussing the expectation that the health care industry will face increased False Claims Act cases and enforcement actions in 2016.
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C. attorneys as “Leaders in Their Fields.”
What Is The Anti-Kickback Statute?
January 1, 2015
Mintz Member and Chair of the Health Law Practice Karen S. Lovitch, Member Thomas S. Crane, and Associate Samantha P. Kingsbury co-authored a book published by the American Bar Association examining the federal Anti-Kickback Statute, one of the best-known federal fraud and abuse statutes, which prohibits transactions intended to induce or reward referrals for items or services reimbursed by the federal health care programs. The criminal statute has wide-ranging effects on business relationships in the health care, pharmaceutical, and medical device sectors.