Health Care Law Brief

JULY 21, 2022

On July 20, 2022, the Office of Inspector General for the Department of Health and Human Services (“ OIG ”) issued a special fraud alert (“ Alert ”) advising “practitioners to exercise caution when entering into arrangements with purported telemedicine companies.” OIG Flags Seven Characteristics of Telehealth Fraud.

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The Health Law Firm

AUGUST 20, 2021

is Board Certified by The Florida Bar in Health Law On August 6, 2021, federal prosecutors pushed back on claims that government agents tricked a Harvard University professor into making incriminating statements during his interrogation by federal agents. Indest III, J.D.,

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American Medical Compliance

FEBRUARY 15, 2023

The Dental Healthcare Fraud Waste and Abuse Training course is designed to combat fraud, waste, and abuse in the workplace. It is everyone’s responsibility to combat fraud, waste, and abuse. No precise measure of healthcare fraud exists. Trust is core to the provider-patient relationship.

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MedTrainer

JULY 28, 2023

Earlier this year, an in-depth OIG investigation resulted in a six-day trial of a former Louisiana health clinic CEO , who was ultimately convicted of Medicaid fraud and sentenced to 82 months in federal prison. But what exactly is considered fraud, waste, and abuse? Risk Assessment. Legislation and Congressional Requests.

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American Medical Compliance

FEBRUARY 15, 2023

The EMS Fraud Waste and Abuse Training course is designed to combat fraud, waste, and abuse in the workplace. It is everyone’s responsibility to combat fraud, waste, and abuse. No precise measure of healthcare fraud exists. Fraud schemes range from solo ventures to widespread activities of an institution or group.

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Healthcare IT Today

DECEMBER 21, 2023

However, the transition from traditional paper records to digital formats presents a challenge that extends beyond a simple “scan all” approach. Predominantly, the risk of fraud, theft, or abuse of customer or company information increases, which can cause regulatory violations resulting in significant fines and penalties.

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Healthcare IT News - Telehealth

JUNE 8, 2022

While it is important to carefully consider the most effective methods of providing care and the intended purpose behind various reimbursement, privacy, and fraud and abuse regulations, it is also clear that healthcare delivery has always and continues to evolve, and the regulatory framework needs to do the same.

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Hall Render

SEPTEMBER 12, 2022

Healthsouth of Sarasota Limited Partnership, et al , the Eleventh Circuit held that for a plaintiff to qualify as engaging in “protected activity,” the plaintiff must demonstrate that they had both a subjectively reasonable belief of fraud and an objectively reasonable belief of fraud. Background. Practical Takeaways.

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Provider Trust

MARCH 13, 2023

Twenty-five people were charged with criminal wire fraud and wire fraud conspiracy for their involvement in the scheme, and these people could face up to 20 years in jail. These status changes will help organizations identify which individuals may be at risk of their license becoming invalid due to the government investigation.

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Hall Render

SEPTEMBER 15, 2022

This study comes on the heels of a recent Press Release issued July 20, 2022 (“Press Release”), in which the Department of Justice (“DOJ”) announced criminal charges against 36 defendants in 13 federal districts across the United States largely alleging fraud in the telemedicine space. Inspector General Christi A.

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Med-Net Compliance

JULY 13, 2022

Two California brothers were both sentenced to 36 months of probation and ordered to pay $500 dollars in restitution after pleading guilty to misdemeanor conspiracy to steal or convert government property charges stemming from the theft of Centers for Disease Control (CDC) COVID-19 Vaccination Record Cards. Update your policies as needed.

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Healthcare Compliance Blog

APRIL 12, 2022

However, instead of forwarding those taxes to the government, she kept them for her business. Additionally, she did not pay the government the employer’s portion of the FICA taxes, federal unemployment tax, employment tax, or state withholdings, which totaled over $1 million. The withheld taxes totaled over $900,000.

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Compliancy Group

DECEMBER 11, 2024

Unfortunately, such incidents of fraud happen, which is the reason for the False Claims Act in Healthcare. In civil cases, knowing implies having accurate knowledge and acting with careless indifference or deliberate ignorance when presenting false information. In light of constant cyber threats, the U.S.

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HIT Consultant

MAY 2, 2023

Modern NEMT solutions streamline the ride booking and scheduling process, introduce new modalities, improve the overall experience for patients, and decrease fraud, waste and abuse (FWA). In recent years, technology has played a significant role in the advancement of the NEMT industry.

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Healthcare IT Today

OCTOBER 16, 2023

To evaluate the benefits and challenges of each deployment scenario, healthcare organizations should consider risk factors around management, governance, security, and cost to ensure that the right applications move to the cloud at the right time. Data interoperability is a critical component of a hybrid adoption strategy.

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HIPAA Journal

OCTOBER 10, 2022

According to the breach notice, a presentation was emailed to the DHS Children’s Long-Term Support Council in April 2021 that contained protected health information. Steps were also taken to recover all distributed copies of the presentation.

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AIHC

APRIL 5, 2022

Audit Coding, Billing and Documentation for Accuracy Insurance carriers and government contractors have the authority to review any claims at any time. Due to the huge volume of claims payers receive to process, deny and pay, they have implemented various methods to track providers to detect potential waste, fraud and/or abuse.

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Health Law RX

JUNE 17, 2022

The FCA imposes civil liability on any person requesting government funds or property who “knowingly presents. A pleading, “alleging fraud or mistake. must state with particularity the circumstances constituting fraud or mistake.” government. government. 3729(a)(1)(A). 9(b) (emphasis added). LLC, 853 F.

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Healthcare Law Blog

JULY 5, 2022

The conference presenters grappled in real-time with the transitory nature of the healthcare landscape today, including the significant role that technology has played in driving shifts in care delivery. Here, we provide an overview of what our healthcare law experts learned at the conference across relevant topic areas: Technology.

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Med-Net Compliance

OCTOBER 21, 2022

The government’s primary civil tool for addressing healthcare fraud is the FCA. Most of these cases are resolved through settlement agreements in which the government alleges fraudulent conduct and the settling parties do not admit liability. Excluded individuals and entities are listed in the OIG’s exclusions database.

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Provider Trust

JANUARY 25, 2024

This report helps HHS fulfill its mission to improve the health and well-being of Americans while also providing suggestions for how healthcare organizations can stay ahead of the curve to avoid and combat fraud, waste, and abuse. Unfortunately, Medicare Advantage programs are not exempt from instances of fraud, waste, and abuse.

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Health Law Advisor

APRIL 13, 2023

These FAQs address subjects including “ General Questions Regarding Certain Fraud and Abuse Authorities ,” the “ Application of Certain Fraud and Abuse Authorities to Certain Types of Arrangements ,” and “ Compliance Considerations.” The vast majority of the principles articulated in the updated FAQs will undoubtedly be familiar to many.

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Healthcare Law Blog

JUNE 27, 2022

22-07 which evaluated the risk of fraud and abuse under the federal anti-kickback statute (“AKS”) posed by an arrangement involving physician-ownership of a medical device company. The opinion identified six characteristics of the arrangement which greatly reduced the risk of fraud and abuse.

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McGuire Wood

OCTOBER 2, 2023

times the amount the government believed was due to improper billing, after a voluntary disclosure to the Department of Justice (DOJ). If, however, an institution is concerned that its past practices have violated one of the fraud and abuse laws mentioned above, it may consider three avenues for a self-disclosure.

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NY Health Law

JUNE 25, 2019

The unlicensed are not bound by the ethical rules that govern the quality of care delivered by a physician to a patient. The New York Court of Appeals found that the facts presented in the Carothers PC case were very similar to those in State Farm Mut. Larger sums were transferred to Sher. v Mallela , 372 F3d 500, 503 (2d Cir.

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HIT Consultant

NOVEMBER 2, 2023

Even the most honest organizations with good-intentioned owners can inadvertently run afoul of the False Claims Act, often due to employee actions or a misinterpretation of government contract obligations. Consequently, businesses should always be ready to handle fraud reports, regardless of their merit.

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HIT Consultant

JULY 13, 2022

Health care leaders and policymakers have tried countless incremental fixes—attacking fraud, reducing errors, enforcing practice guidelines, making patients better “consumers,” implementing electronic medical records—but none have had much impact in lowering the $3.7 Trillion Chronic Disease problem that now kills over 1.7

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Provider Trust

AUGUST 9, 2023

Grimm, the OIG continues its tireless efforts to uncover instances of fraud, waste, and abuse within HHS programs. OIG continues to work tirelessly to identify instances of fraud, waste, and abuse and prosecute offenders. Led by acting Inspector General Christi A. What is the HHS-OIG Semiannual Report to Congress?

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Hall Render

OCTOBER 18, 2022

Plaintiff alleged that only by misrepresenting the conditions present during the conversion of the manufacturing facility were Defendants able to obtain FDA approval and subsequently provide Gamunex pursuant to contracts with the Veterans Administration, TRICARE, and CMS. Practical Takeaways.

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Health Care Law Brief

JUNE 2, 2022

Therefore, a telehealth platform operating in all 50 states will, for example, need to comport with the laws governing corporate formation, provider licensure, scope of practice, and telehealth encounters in all 50 states. Variety of Risks Present in Telehealth Arrangements. Provider Licenses. How is this disclosed to consumers?

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Provider Trust

JULY 26, 2022

On June 7, 2022, Theresa Pickering of Norcross, Georgia was indicted by a federal grand jury on federal charges of health care fraud, aggravated identity theft, and distribution of controlled substances. In addition to these allegations of fraud, waste, and abuse, Pickering had a history of fraud. Donna Thiel.

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C&M Health Law

AUGUST 3, 2023

Under the new 42 CFR 1003.1580 , OIG may introduce the results of a statistical sampling study as evidence of the number and amount of claims, specified claims, and/or requests for payment that were presented, or caused to be presented by the respondent.

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Healthcare Law Blog

MAY 31, 2022

These advancements, present challenges and raise novel questions as to how the current healthcare and life sciences legal regime would apply to the metaverse. The healthcare system in the United States is governed by an expansive network of state and federal laws, including the aforementioned HIPAA regulations. Healthcare Laws.

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Health Care Law Brief

FEBRUARY 7, 2022

See e.g. , Advisory Opinion 21-10 as an example of the former, available at Advisory Opinion 21-10 | Office of Inspector General | Government Oversight | U.S. See , e.g. , Advisory Opinion 21-18, available at Advisory Opinion 21-18 | Office of Inspector General | Government Oversight | U.S. at 1368 (emphasis added).

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Healthcare Compliance Blog

FEBRUARY 8, 2022

One example included in the complaint alleges that in November 2016, the pharmaceutical company paid the psychiatrist a $2,000 speaker’s fee for a presentation in Alabama, but the company’s records show there were no attendees. Failure to promptly report a false claim can result in lawsuits, fines, and other sanctions.

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Healthcare Law Blog

MARCH 17, 2022

Like these other AOs, OIG found that while the Proposed Arrangement could generate fraud and abuse risks under both the Federal anti-kickback statute (i.e., Section 1128A(a)(5) of the Act), the Proposed Arrangement nevertheless presented a minimal risk of fraud and abuse under the law on the facts presented.

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Hall Render

APRIL 6, 2022

Turning to the present case, in Safeway , the relator alleged that the defendant engaged in the submission of false claims to the government when it “reported its ‘retail’ price for certain drugs as its ‘usual and customary’ price.” Guidance Must Be Truly Authoritative and Must Come from An Actual Authority.

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