ABA Section of Business Law

ABA Section of Business Law
Business Law Today
September/October 2000

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Regulations covering health-care organizations

Listed below are some of the laws and regulations you must understand when conducting a due-diligence review of a health-care organization. While the list is not exhaustive, it represents key areas to consider.

• Medicare (42 U.S.C. §§1395-1395ccc)

• Health Insurance Portability and Accountability Act (HIPAA) (PL 104-191)

• Medicare’s Conditions of Participation for Hospitals (42 C.F.R. § 482)

• Anti-Kickback Statute (42 U.S.C. § 1320a-7b)

• Controlled substances laws

• Tax laws

• False Claims Act (31 U.S.C. § 3729)

• State licensure requirements

• Medicaid (42 U.S.C. §§1396-1396v)

• Contracting with entities or persons excluded from federal health-care program (63 Fed. Reg. 46736)

• Stark Self-Referral Law (42 U.S.C. § 1395nn)

• State insurance laws

• Occupational Safety and Health Act (29 CFR § 1990)

• Patient privacy and confidentiality laws

• Hazardous waste disposal laws

• Securities laws

• Antitrust laws

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