June, 2012

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Operation "Pill Street Blues" Targets Doctors, Clinic Owners Across Florida

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 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.

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Results from Initial Round of HIPAA Audits Released by the OCR

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. 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.

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Treating Employees as Independent Contractors Can Lead to Stop-Work Orders and Fines From the Department of Financial Services

The Health Law Firm

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.

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WellCare Health Plans Reaches $137.5 Million Settlement in False Claims Act Case

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. 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.

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Optimizing Medical Waste Management: A Guide to Best Practices

Feeling overwhelmed by medical waste regulations? This comprehensive guide unravels the complexities of medical waste disposal, ensuring you stay compliant and prioritize safety. Inside you'll find: Clear categorization: Learn to precisely classify medical waste for proper handling and disposal. Labeling & Storage: Discover best practices for clear labeling and secure storage of medical waste.

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Federal Appeals Court Rules Investors can Continue to Bring Claims Against KV Pharmaceutical

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 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.

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CMS Allows Medicare Providers to Submit Documents Electronically to CMS Contractors

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. 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).

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ALFs Can Terminate a Resident for Almost Any Reason

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 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.

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Walgreens Reaches $7.9 Million Settlement in False Claims Act Case

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. 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.

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Doctors, Nurse Practitioner Arrested in New York Crackdown on Prescription Drug Abuse

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 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.

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Connecticut Legalizes Medical Marijuana

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 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.

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HIPAA Compliance: Can Your Organization Avoid Costly Government Penalties and Fines?

Colington Consulting was established in 2013 and helps organizations achieve HIPAA compliance and ensures clients stay current with the latest enforcement trends. We provide a full range of HIPAA compliance services and consulting. What separates us from our competitors is our knowledge of HIPAA compliance regulations and their application to each of our client’s particular scenarios and requirements.

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News Flash Regarding Electronic Funds Transfer (EFT) for all Existing Medicare Providers

The Health Law Firm

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).

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CMS Recovery Audit Prepayment Reviews Slated to Begin Summer 2012

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 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.

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Connecticut Attorney General Alleges $24 Million Medicaid 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. 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.

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Florida Attorney General Reaches Settlement with 411-PAIN

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 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.

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The Big Payoff of Application Analytics

Outdated or absent analytics won’t cut it in today’s data-driven applications – not for your end users, your development team, or your business. That’s what drove the five companies in this e-book to change their approach to analytics. Download this e-book to learn about the unique problems each company faced and how they achieved huge returns beyond expectation by embedding analytics into applications.

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South Florida Doctors Convicted of Medicare Fraud by Federal Jury

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 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.

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Advantages to Allowing the Corporate Practice of Medicine

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 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.

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Florida Legal Community Mourns Joseph DuRocher: Naval Aviator, Attorney, Public Defender, Hero

The Health Law Firm

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.

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Franck's Pharmacy Announces Compounding Prescriptions Recall, Shuts Down Sterile Compounding Service

The Health Law Firm

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.

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Everything You Wanted to Know About FACIS, but Didn’t Know to Ask

Speaker: Amy Anderson

FACIS® helps organizations mitigate patient and organizational risk. Maintaining compliance and safeguarding against fraud and abuse in today’s changing healthcare landscape can be challenging. Most healthcare organizations screen and monitor providers against the OIG but that’s only ONE of FACIS®’ primary sources. FACIS® pulls data for every taxonomy from the lowest level employee to the highest level licensed professional.

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How to Prepare for an Informal Hearing Before the Florida Board of Massage Therapy

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 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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