July, 2016

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Colorado Judge Reduces Fraud Conspiracy Claims Against Aetna, UnitedHealthcare

The Health Law Firm

By Carole C. Schriefer, R.N., J.D., The Health Law Firm On July 14, 2016, a Colorado federal judge partly dismissed allegations against several surgical centers in claims filed by insurance companies Aetna and UnitedHealthcare. The judge disagreed that the two surgical centers committed fraud by waiving patient fees or violated antitrust laws by sending hefty bills to the insurers.

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Fourth Circuit U.S. Court of Appeals Dismisses Virginia Whistle Blower Action

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 7, 2016, the US Fourth Circuit Court of Appeals dismissed a lower court judgment and remanded to state court a qui tam action alleging certain medical laboratories defrauded Virginia’s Medicaid program. The whistle blower action was brought under the Virginia Fraud Against Taxpayers Act (VFATA).

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Holding off a Professional License Revocation or Suspension During Appeal

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a physician, dentist, nurse, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. As a matter of course, you would be required to immediately stop practicing or risk being prosecuted for unlicensed practice, which is a felony.

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X-Ray Company Owner Receives 10 Years in Prison For $8M Medicare and Medicaid Fraud Which Lead to the Death of Two Patients

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 15, 2016, A medical diagnostics company owner found guilty of Medicare and Medicaid fraud for billing $8 million for X-rays whose botched analysis by amateurs led to the death of two patients was sentenced in Maryland federal court to 10 years in prison, the US Department of Justice said.

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3 Reasons to Retire Pagers from Healthcare Settings

Let's discuss the trusty pager—an old favorite that’s losing its shine in hospitals and clinics. While once a staple in hospitals and clinics, pagers now present significant limitations that hinder rather than facilitate communication among healthcare professionals. Healthcare professionals are constantly on the move, and they need communication tools that can keep up with their fast-paced lives.

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Government Agencies To Scrutinize Noncompetition Agreements in Employee Contracts

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Regulatory authorities in the United States are increasingly scrutinizing noncompetition provisions (sometimes called restrictive covenants) included as part of employment agreements. The main focus is close examination of provisions restricting junior-level and low-wage employees.

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Nationwide Health Care Fraud Takedown Results in Charges against 301 Medical Professionals for Approximately $900 Million in False Medicare Billings

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 22, 2016, Federal officials completed a three-day nationwide takedown announcing charges against 301 medical professionals who allegedly defrauded Medicare of more than $900 million in fraudulent billings. US Attorney General Loretta Lynch and US Health and Human Services (HHS) Secretary Sylvia Mathews Burwell said the three-day takedown represents the largest number of arrests, spread over the

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DOJ Claims Systematic Scheme to Defraud for Prime Healthcare Services's Patient Admissions

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 24, 2016, Prime Healthcare Services, Inc. (Prime), a California-based company whose mission was stated to be turning around struggling hospitals, is alleged to have run a systematic scheme to defraud the federal government. Prime was allegedly able to defraud the federal government by forcing doctors to provide medically unnecessary services in order to maximize Medicare reimbursements, the US

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AMA Approves New Telemedicine Guidance for Ethical Practice of Health Care Professionals

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 13, 2016, the American Medical Association (AMA) implemented new guidance for the ethical practice of telemedicine. These new guidelines are aimed to help physicians understand how their fundamental responsibilities may play out differently when patient interactions occur through telemedicine, compared to traditional patient interactions at a medical office or hospital.

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The Effect of OIG Exclusion On Health Care Professionals: The Effects of Exclusion: Payment Prohibition & Civil Monetary Penalties Part 2 of 2

The Health Law Firm

By Michelle Bedoya, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This is part two of two in a blog series in which the effects and scope of OIG exclusion on health care professionals will be discussed. Click here to read part one of this blog series. Pursuant to Sections 1128 and 1156 of the Social Security Act, the US Department of Health and Human Services Office of Inspector General ("OIG") has the authority to exclude individuals and e

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15 Modern Use Cases for Enterprise Business Intelligence

Large enterprises face unique challenges in optimizing their Business Intelligence (BI) output due to the sheer scale and complexity of their operations. Unlike smaller organizations, where basic BI features and simple dashboards might suffice, enterprises must manage vast amounts of data from diverse sources. What are the top modern BI use cases for enterprise businesses to help you get a leg up on the competition?