2013

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ESTATES: Estate Plan of James Gandolfini

The Health Law Firm

Our guest author of this is article is Jim Witt, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. When Sopranos actor James Gandolfini died on June 19 of this year from a heart attack while he was on a vacation trip with his family in Italy, the media reported trivial facts surrounding his death, such as the details of his last meal and drinks.

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eHealth: Aligning Quality Measurement at CMS

CMS.gov

By Patrick Conway, MD, MSc. Stage 2 of the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs. The next step on the path of meaningful adoption of health information technology (HIT) for providers—will launch later this year for hospitals and next year for eligible professionals. How will this next phase improve health care and reduce the burden on providers?

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Orlando Health and Florida Blue Create Accountable Care Organization

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 Lance O. Leider, J.D., The Health Law Firm On December 3, 2013, Orlando Health Physician Partners and Florida Blue announced the launch of an accountable care organization (ACO). The purpose of the ACO is to encourage providers to reduce healthcare costs by grouping together and assuming responsibility for the care of a group of beneficiaries.

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Florida Board of Medicine Votes to Raise the Fees for Copies of Medical Records

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 The cost of copying medical records is going up. On December 6, 2013, the Florida Board of Medicine voted unanimously to raise the cap on charges for copying medical records to $1 per page. Previously in Florida, physicians were allowed to charge up to $1 a page for the first 25 pages and 25 cents for every page after that.

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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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Halifax Health Whistleblower/Qui Tam Case Will Go To Trial

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 Federal Judge Gregory A. Presnell has ruled that Halifax Health Medical Center, a Daytona Beach hospital, illegally compensated six (6) oncologists, violating the federal Stark Law. The case must still go to trial on the amount of damages and other legal issues.

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Despite Affordable Care Act Individual Mandate, Concierge Medicine on the Rise

The Health Law Firm

By Lance O. Leider, J.D., The Health Law Firm Despite the Affordable Care Act's (ACA) mandate that individuals acquire healthcare coverage, concierge medicine is on the rise in recent years. Concierge medicine is a type of medicine where patients pay a physician practice a retainer or membership fee and then pay a la carte for discounted services offered by the physicians.

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Purpose of Florida E-FORCSE Prescription Database Not for Disciplinary or Criminal Prosecution Purposes Against Physicians, Pharmacists or Other Health 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. Florida now has an active prescription drug monitoring program (PDMP). It is called the “Electronic-Florida Online Reporting of Controlled Substances Evaluation” or “E-FORCSE.” More often it is referred to simply as the “prescription drug database” by Florida physicians.

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Hospice of the Comforter Settles Whistleblower/Qui Tam Lawsuit

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 October 28, 2013, a Florida federal judge approved a $3 million settlement in a False Claims Act lawsuit alleging Hospice of the Comforter Inc. (HOTCI), defrauded Medicare. The judge shot down objections from the whistleblower (sometimes called a “relator” or “plaintiff” who argued that the settlement amount is unfair, according to the Orlando Sentinel.

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More Hospitals, Nursing Homes and Medical Facilities are Requiring Employees to Receive Flu Vaccine

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. We’re coming up on that time of year when stuffy noses and scratchy throats turn into the full-blown influenza virus. According to the Centers for Disease Control and Prevention (CDC), the flu season usually runs from November 1 through March 31. With the flu season comes the debate over the legality of mandatory flu shots for health care professionals.

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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?

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U.S. Food and Drug Administration Finalizes Rule on Codes that Will Track Medical Devices

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 September 20, 2013, the US Food and Drug Administration (FDA) announced that companies will have to include unique device identification (UDI) codes on medical devices. These codes will provide a consistent way to identify medical devices, and therefore, should improve patient safety, according to the FDA.

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Rule Raising the Cost for Copies of Medical Records to be Tabled Until Next Florida Board of Medicine Meeting

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 The cost of copying medical records will stay where it is, for now. On October 3, 2013, the Florida Board of Medicine voted to not allow an increase to the cost of medical records requested by patients and others from physicians. The Board did vote to conduct research on the topic and discuss the issue again at the next Board meeting.

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Medicare Audit Claims University of Miami Hospital Owes Government $3.7 Million

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 The University of Miami Hospital allegedly owes Medicare $3.7 million. This is according to an audit report of the hospital’s billing practices that found the hospital allegedly overbilled the health care program in 2009 and 2010. The report was released on October 8, 2013, by the US Department of Health and Human Services (HHS) Office of Inspector General (OIG).

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Winter Park Urology Settles Whistleblower/Qui Tam Lawsuit

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 federal whistleblower or qui tam lawsuit against a local physician group has been settled, according to the Orlando Business Journal (OBJ) on September 30, 2013. The providers were accused of fraudulently billing Medicare and TRICARE from 2007 until 2010.

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From Diagnosis to Delivery: How AI is Revolutionizing the Patient Experience

Speaker: Simran Kaur, Founder & CEO at Tattva Health Inc.

The healthcare landscape is being revolutionized by AI and cutting-edge digital technologies, reshaping how patients receive care and interact with providers. In this webinar led by Simran Kaur, we will explore how AI-driven solutions are enhancing patient communication, improving care quality, and empowering preventive and predictive medicine. You'll also learn how AI is streamlining healthcare processes, helping providers offer more efficient, personalized care and enabling faster, data-driven

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What You Need to Know About the HIPAA Omnibus Final Rule-Part 3

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 The Health Insurance and Portability and Accountability Act (HIPAA) Privacy and Security Rules were amended by an Omnibus Final Rule published by the US Department of Health and Human Services (HHS) in January 2013. The most significant changes involve business associates who are now directly subject to the mandates of the HIPAA Privacy and Security Rules and HIPAA enforcement.

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What You Need to Know About the HIPAA Omnibus Final Rule-Part 2

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 The Health Insurance and Portability and Accountability Act (HIPAA) Privacy and Security Rules were amended by an Omnibus Final Rule published by the US Department of Health and Human Services (HHS) in January 2013. By September 23, 2013, hospitals, physicians, covered entities and business associates must comply with the new changes.

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Join The Health Law Firm Attorneys for a Presentation on Medicare and Medicaid Audits

The Health Law Firm

By Cori Powers, Marketing Director, The Health Law Firm Attorneys Christopher E. Brown and Lance O. Leider with The Health Law Firm will be giving a presentation on Thursday, September 26, 2013, to the members of the Medical Office Resources of Florida (MOROF) and attending health care providers. This presentation is called, “Medicare and Medicaid Audits: Ready or Not, Here They Come.” The lecture is open, but attendees must register.

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What You Need to Know About the HIPAA Omnibus Final Rule-Part 1

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 The Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules were amended by an Omnibus Final Rule published by the US Department of Health and Human Services (HHS) in January 2013. The Omnibus Final Rule marks the most significant changes to the HIPAA Privacy and Security Rules since they were first implemented.

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Why Every Small Business Needs an HCM Solution: A Comprehensive Guide

Managing HR tasks like payroll, compliance, and employee data can overwhelm small businesses. That’s where a Human Capital Management (HCM) solution comes in. Our eBook, Why Every Small Business Needs an HCM Solution: A Comprehensive Guide , shows how an HCM system automates tedious processes, ensuring your business stays compliant and efficient. You’ll learn how to simplify payroll, eliminate costly errors, and empower your employees with self-service tools.

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Florida Oncologists Pay $3.5 Million to Settle Whistleblower/Qui Tam Fraud Claims

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 group of Florida radiation oncology service providers settled a whistleblower or qui tam lawsuit for $3.5 million, according to the Department of Justice (DOJ) on September 13, 2013. The providers were accused of defrauding Medicare, Medicaid and TRICARE by performing unnecessary and improperly supervised procedures from 2007 until 2011.

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Florida Home Health Care Company Settles with State Over Medicaid Fraud Charges

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 Broward County, Florida, home health care company is accused of overbilling the Medicaid program for patient services by almost $500,000, according to the Sun Sentinel. This accusation comes after the Florida Agency for Health Care Administration (AHCA) conducted an audit of claims from July 2007 to March 2011.

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ICD-10 Is Coming: Are You Ready for the Transition?

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 The clock is ticking. It is just a little over a year away until the switch to ICD-10. If you are not already preparing for the fall 2014, implementation, you should be. ICD-9 codes will be replaced, after more than 30 years, with ICD-10 codes. The mandatory implementation date is October 1, 2014.

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CRIMINAL LAW: False Confessions—Admissibility of Expert Testimony

The Health Law Firm

The author of this is article is Mark Rieber, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. A growing number of state courts have ruled that expert testimony concerning the phenomenon of false confessions may be admissible in a criminal trial. The Supreme Court of Michigan recently addressed this matter and held that while such expert testimony is potentially admissible, the expert testimony at issue before the court was based on unreliable research a

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Real-Life Examples of HIPAA Violations and How to Avoid Them

Speaker: Jack Clough, Chief Growth Officer

Download our 30-minute webinar where we delve into real-life examples of HIPAA violations and preventative measures every organization should know! You will learn: The critical factors that lead to HIPAA violations and how to identify them. Three compelling real-life cases of organizations that faced severe HIPAA penalties. Proven strategies to safeguard YOUR organization against HIPAA violations.

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Emory University Accused of Overbilling Medicare and Medicaid for Patients Enrolled in Clinical Trial Research-Whistleblower Filed First Claim

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 Emory University in Atlanta, Georgia, will pay $1.5 million to settle claims it overbilled Medicare and Medicaid for cancer clinical trial services that were not permitted by the Medicare and Medicaid rules. This announcement from the Department of Justice (DOJ) was released on August 28, 2013.

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How 2014 IPPS Final Rule Impacts Physicians Admitting Patients to Hospitals

The Health Law Firm

By Lance O. Leider, J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 2, 2013, the Centers for Medicare and Medicaid Services (CMS) released the 2014 Inpatient Prospective Payment System (IPPS) Final Rule (the 2014 IPPS Final Rule). The 2014 IPPS Final Rule substantially affects how hospitals will bill for observation stays, long outpatient stays and short inpatient stays.

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Florida Therapy Staffing Company Owner and Patient Recruiter Plead Guilty to $7 Million Medicare Fraud Scheme

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 therapy staffing company owner and a patient recruiter pleaded guilty on August 21, 2013, to one count each of conspiracy to commit health care fraud in connection with a $7 million Medicare fraud scheme. The scheme allegedly involved a now defunct home health care agency, Anna Nursing Services Corp., in Miami Springs, Florida, according to the Department of Justice (DOJ).

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Bostwick Laboratories Settles Whistleblower Claim Involving Illegal Physician Inducements

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. Bostwick Laboratories (Bostwick) will pay the government $503,668 to settle whistleblower allegations that the company made illegal payments to induce physicians to utilize Bostwick’s laboratory testing services, according to a press release from the Department of Justice (DOJ) on August 20, 2013.

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Best Practices to Streamline Compensation Management: A Foundation for Growth

Speaker: Joe Sharpe and James Carlson

Payroll optimization can be one of the most time-consuming and complex factors of small business management. Yet, organizations that crack the code on streamlining employee compensation often discover innovative avenues for growth. With the right strategies in place, outsourcing and streamlining payroll processes can result in substantial time and resource savings.