June, 2015

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Texas Medical Board Enjoined for Possible Antitrust Violations by Federal Court

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 and Shelby Root On May 29, 2015, the US District Court for the Western District of Texas granted an injunction against the Texas Medical Board (TMB). The suit was brought by a company called Teladoc, Inc. Teladoc, Inc provided medical services to patients through webchats, video chats, and other telemedicine modalities.

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New OIG Fraud Alert Focuses On Physician Contracts: What to Watch Out For

The Health Law Firm

By: Lance O. Leider, J.D., The Health Law Firm On June 9, 2015, the US Department of Health and Human Services, Office of the Inspector General issued a special fraud alert on physician compensation arrangements. The purpose of the alert was to warn physicians who enter into certain arrangements like medical directorships, department chairs, board of directors seats, and other similar positions to do so carefully.

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Medicare to Publish Physician Payment Data Annually: Will This Prevent Medicare Fraud?

The Health Law Firm

By Ritisha K. Chhaganlal, J.D. Billions of dollars are spent annually on Medicare payments to individuals and organizations. For over three decades, the American Medical Association (AMA), a prominent physician group in the United States, had successfully argued that a doctor’s right to privacy outweighed the public’s interest in knowing how its tax dollars were used.

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Bad Medicine? Anesthesiologist Caught Ridiculing Sedated Patient

The Health Law Firm

By Vivionne N. Barker, J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law In a medical suite in Reston, Virginia, a man preparing for a colonoscopy hit the record button on his smartphone’s audio recorder to preserve instructions from his doctor after the procedure. When the patient pressed play on his way home, he was shocked by what he heard.

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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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Application and Removal from the OIG Exclusion List

The Health Law Firm

By Lance O. Leider, J.D. The OIG exclusion list is a tool to keep track of individuals who have been excluded from participation in federal healthcare programs due to crimes or convictions like fraud or patient neglect. But individuals who are placed on exclusion lists by the OIG don't stay there forever. Each exclusion comes with a different term, and when that term is up, individuals may apply for reinstatement (and removal from the exclusion database).

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South Florida Pill Mill Shut Down

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 A Plantation-Florida based pain clinic was shut down and eight employees were arrested in connection to the alleged overdose deaths of eight former patients. The clinic, known as Real Care Medical clinic, is alleged to have issued prescriptions for alprazolam, oxycodone and methadone without medical necessity in 2010, resulting in the fatal overdoses of eight individuals.

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Disabilities and the Medical Education System

The Health Law Firm

By Geor ge F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law Many do not realize it, but schools, universities, medical schools and most other educational progra ms provide access to psychotherapists for their current students and residents. It is important that students, residents and their advocates be knowledgeable about their rights and responsibilities.

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Employee or Independent Contractor - The Test Used to Determine - Part 2 of 3

The Health Law Firm

B y George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law There are serious legal repercussions in incorrectly treating an employee as an independent contractor. Attention to the factors used by the IRS and other regulatory bodies in examining the issue may help to keep you out of trouble. In this 3-part blog, we will examine tests and factors used to determine whether a worker should be classified as an employee instead of an individual contractor.

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