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By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The Drug Enforcement Administration (DEA) and Florida law enforcement announced a statewide pill mill bust that spanned several cities in Florida on June 27, 2012. Seven doctors and seven pain clinic owners were arrested. The raid has been dubbed "Operation Pill Street Blues" by the DEA.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. New information is available regarding the Office for Civil Rights’ (OCR) initial round of mandated audits of Health Insurance Portability and Accountability Act (HIPAA) covered entities. The OCR announced official details concerning the audits at an OCR and National Institute of Standards and Technology (NIST) conference held June 6, 2012.
By Christopher E. Brown, J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Often a business obtains faulty legal advice that it can treat its employees as "independent contractors" and avoid a number of mandatory costs associated with hiring an actual employee. These may include, for example, paying social security, Medicare and other mandatory assessments.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. WellCare Health Plans Inc.(WellCare) will pay $137.5 million to the federal government and nine states to settle four lawsuits alleging violations of the False Claims Act. WellCare is based in Tampa, Florida. The company provides managed health care services for approximately 2.6 million Medicare and Medicaid beneficiaries across the United States.
Speaker: Simran Kaur, Co-founder & CEO at Tattva.Health
AI is transforming clinical trials—accelerating drug discovery, optimizing patient recruitment, and improving data analysis. But its impact goes far beyond research. As AI-driven innovation reshapes the clinical trial process, it’s also influencing broader healthcare trends, from personalized medicine to patient outcomes. Join this new webinar featuring Simran Kaur for an insightful discussion on what all of this means for the future of healthcare!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The US Eighth Circuit Court of Appeals ruled that investors can continue to bring claims against KV Pharmaceutical Co. (KV) for making false or misleading statements to the US Food and Drug Administration (FDA). The ruling was reached on June 4, 2012. To view the appeals court ruling in Public Pension Fund Group v.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Medicare providers are now able to submit medical documents to the Centers for Medicare & Medicaid Services (CMS) review contractors electronically for almost all of them. This includes the Medicare Administrative Contractors (MACs), Recovery Audit Contractors (RACs) and will soon include several Zone Program Integrity Contractors (ZPICs).
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The Department of Health and Human Services (DHHS) Office of the Inspector General (OIG) posted an advisory opinion on June 1, 2012. In the advisory opinion the OIG concluded that two different arrangements between an ambulatory surgical center (ASC) and anesthesia services provider could result in prohibited remuneration under the federal anti-kickback statute and lead to administrative sanctions and
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Health Care Compliance Brief brings together the best content for health law & compliance professionals from the widest variety of industry thought leaders.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The Department of Health and Human Services (DHHS) Office of the Inspector General (OIG) posted an advisory opinion on June 1, 2012. In the advisory opinion the OIG concluded that two different arrangements between an ambulatory surgical center (ASC) and anesthesia services provider could result in prohibited remuneration under the federal anti-kickback statute and lead to administrative sanctions and
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Florida law and regulations currently allow an assisted living facility (ALF) to relocate or terminate a resident for almost any reason. However, the administrator must provide a 45-day notice and document the reason for termination or relocation. Section 429.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Walgreens has reached a $7.9 million settlement with the United States and participating states. The settlement resolves allegations that Walgreens violated the False Claims Act. The DOJ announced the settlement on April 20, 2012. To view the DOJ's press release concerning the settlement with Walgreens, click here.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. A New York law enforcement crackdown on prescription drug abuse has resulted in the arrests of 98 people. Among those charged are two doctors and a nurse practitioner. Brooklyn federal prosecutors joined with the Drug Enforcement Administration (DEA), district attorney's offices, and local law enforcement agencies, to carry out a series of raids that began June 5, 2012 and resulted in the arrests.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The medical use of marijuana is now legal in Connecticut. The state's governor signed into law HB 5389 on May 31, 2012, which allows licensed physicians to certify a patient's use of marijuana for medical purposes. Connecticut is the 17th state to legalize marijuana for medical use.
Based on comprehensive survey data from diverse healthcare providers, the 2025 HIPAA Benchmark Report delivers actionable intelligence for modern compliance programs. This report examines how organizations are restructuring HIPAA Privacy Programs to address emerging regulatory requirements. Through analysis of staffing models, program operations, and breach management protocols, it provides a clear picture of current best practices.
The following recent update was released by the Centers for Medicare & Medicaid Services (CMS) on May 30, 2012, updating the original from December 16, 2011: Existing regulations at 42 CFR 424.510(e)(1)(2) require that at the time of enrollment, enrollment change request, or revalidation, providers and suppliers that expect to receive payment from Medicare for services provided must also agree to receive Medicare payments through Electronic Funds Transfer (EFT).
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The Centers for Medicare & Medicaid Services (CMS) is planning to move forward with the Recovery Audit Prepayment Review (RAPR) Demonstration Project on [stat.] June 1, 2012. It was originally scheduled to begin January 1, 2012. Recovery Audit Contractors (RACs) will Review Claims with High Rates of Improper Billing.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Connecticut Attorney General George Jepsen alleges that 28 individuals, dental practices and corporations were involved in a $24 million Medicaid fraud scheme. Jepsen filed a civil action on May 31, 2012. It is the first case the state has initiated under the Connecticut False Claims Act.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Florida Attorney General Pam Bondi announced that her office has reached a settlement with 411-PAIN. The settlement requires 411-PAIN to pay $550,000 and change its advertising practices for allegedly making misrepresentations to consumers. 411-PAIN is a Florida-based attorney and chiropractic referral service.
Every health care provider that accepts federal payments must screen for excluded providers. Use this sample Exclusion Screening Checklist and Compliance Policy to evaluate and improve your organization’s compliance with the law. Payments from Medicare, Medicaid, and TriCare trigger screening requirements that may extend to employees, contractors, volunteers, board members, and network providers.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. A federal jury convicted two South Florida doctors, one Miami-area therapist, and two other individuals for their participation in a Medicare fraud scheme. The scheme allegedly involved more than $205 million in fraudulent billings by American Therapeutic Corporation (ATC), a corporation which provided mental health care services.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There are many benefits to operating a business in a corporate form. These may include favorable income tax treatment and immunity from certain types of liability. A physician who practices under the structure of a sole proprietorship or a partnership mayor may not be able to enjoy similar advantages.
I am sad to announce that we have lost a great legal mind and friend with the passing of Joseph DuRocher on May 19, 2012. A fellow Naval aviator, Joe served in the early Viet Nam war era, through 1965. Joe later went on to pursue a career as an attorney after leaving the Navy. He served as the Public Defender for the Ninth Judicial Circuit Court for Orange and Osceola Counties, for 20 years, through 2001, perhaps the most important role an attorney can have in our legal system.
Beleaguered Franck's Pharmacy, Inc. located in Ocala, Florida, has issued a recall for its compounded prescriptions. The prescriptions impacted by this recall include all sterile human and veterinary compounded prescriptions distributed by Franck’s Pharmacy from November 21, 2011 to May 21, 2012. Franck's Pharmacy made the announcement on the company's website on May 24, 2012.
Payroll compliance is a cornerstone of business success, yet for small and midsize businesses, it’s becoming increasingly challenging to navigate the ever-evolving landscape of federal, state, and local regulations. Mistakes can lead to costly penalties and operational disruptions, making it essential to adopt advanced solutions that ensure accuracy and efficiency.
By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law. If you are scheduled to appear for an informal hearing before the Florida Board of Massage Therapy, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them. Limited Circumstances for Informal Administrative Hearing.
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