Anil Aggarwal

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After reviewing the continuous disclosure records of 30 Ontario-based real estate investment trusts (REITs), the Ontario Securities Commission (OSC) staff, in OSC Staff Notice 51-724 Report on Staff’s Review of REIT Distributions Disclosure issued January 26, 2015, has provided additional guidance on its expectations for disclosure by REITs regarding the source of distributions paid to equityholders, and the sustainability of those distributions. This report reiterates and further explains guidance provided in National Policy 41-201 Income
On Wednesday, the Centers for Medicare and Medicaid Services (“CMS”) issued a second round of long-awaited red tape reduction initiatives aimed at ameliorating overly burdensome provider regulations.  The changes, memorialized within a Final Rule scheduled for publication on May 12, 2014 (available for review here: http://federalregister.gov/a/2014-10687) (“Unpublished Final Rule”)  include significant easing of Conditions of Participation (“CoPs”) related to medical staffs and governing boards, as well as other changes targeted toward provider operational efficiencies. …
On December 27, 2013, the Centers for Medicare and Medicaid Services (“CMS”) and the Office of Inspector General of the Department of Health and Human Services (“OIG”) published final rules (“Final Rules”) regarding the electronic health records (“EHR”) donations Stark Law Exception (42 C.F.R. 411.357(w)) and Anti-Kickback Statute Safe Harbor (“AKS Safe Harbor”) (42 C.F.R. 1001.952(y)). The Final Rules amend rules CMS and OIG promulgated in 2006 (“2006 Rules”). The Prior Stark Law Exception and…
Navigating the legal, regulatory and practical issues in implementing mobile telecommunications technology for healthcare applications can be treacherous.  At the heart of this growing industry dynamic is the increasing scrutiny now coming from various federal agencies in this area, including the US Food and Drug Administration  and Federal Communications Commission.  The article noted below discusses the impact this will have on related legal and regulatory aspects of relevant technologies, including mobile apps, now being driven…
Yesterday, the U.S. Dept. of Health and Human Services Office of Inspector General (“OIG”) clarified its stance on a growing practice – provider attempts to circumvent fraud and abuse laws by structuring financial arrangements to apply only to business concerning non-Federal program beneficiaries.  The OIG reiterated its dim view of this practice, citing an underlying concern that ultimately, neither funds, nor provider motivations, can be adequately sequestered from one another in a universe where public…
Shortly before Halloween of last year, a Squire Sanders healthcare client received an omen that all was not well – a Civil Investigative Demand (“CID”) served by the United States Department of Justice (DOJ).  Broad, aggressive, and without identifying any pending legal complaint (CIDs usually don’t), the CID made a frighteningly lengthy list of demands for documents from the client.  The client, which possessed an exemplary compliance history and is a pioneering provider of lithotripsy…