CYA: Cover Your (Vendor) Agreements

The case, United States v. Sorenson, addressed whether a Medicare-registered distributor violated the AKS in making payments to advertising, marketing, and manufacturing companies that worked to sell orthopedic braces to Medicare patients. The court held that such payments were not “referrals” within the meaning of the AKS because the payments were made to entities that were neither physicians in a position to refer their patients nor other decisionmakers in positions to “leverage fluid, informal power and influence” over health care decisions.

On April 17, 2025, the Centers for Medicare and Medicaid Services (CMS) announced another extension of the deadline by which skilled nursing facilities (SNFs) must revalidate their Medicare enrollments.

Foley partners Monica Chmielewski, vice chair of the firm’s Health Care Practice Group, Kyle Faget, and Nate Beaver, co-chairs of the firm’s Medical Devices Area of Focus, are speaking at Dynamic Global Events’ 6th Clinical Trial Agreements (CTA) Summit on August 21-22.