January, 2014

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Sometimes You Get Involved in Litigation Whether You Want to or Not

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 Sometimes, despite your best efforts and your best practices, you get involved in litigation. Employees and former employees sue your organization or you or both. Sometimes you are brought in as a witness in such litigation. Contractors and vendors sometimes may sue over contractual matters.

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Health Care Providers Must Wait for RAC Appeal Hearings While Medicare Beneficiaries Receive Top Priority

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 In December 2013, the US Department of Health and Human Services’ (HHS) Office of Medicare Hearings and Appeals (OMHA) notified hospitals, doctors, nursing homes and other health care providers that due to a backlog of Recovery Audit Contractor (RAC) appeals, the agency would be suspending acting on new requests for hearings filed.

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Department of Justice Recovers $2.6 Billion from Healthcare Fraud Cases in FY 2013

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 According to a press release posted on December 20, 2013, the Department of Justice (DOJ) announced that it secured $2.6 billion in settlements and judgments from healthcare fraud in fiscal year 2013. That amount makes 2013 the fourth consecutive year that the DOJ has recovered more than $2 billion in healthcare fraud cases.

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USMLE Announces Increase to Minimum Passing Score for Step 1 Exam

The Health Law Firm

By Catherine T. Hollis, J.D., The Health Law Firm and By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In September 2013, the United States Medical Licensee Examination (USMLE) announced that the Step 1 Committee would meet to review the minimum passing score for the USMLE Step 1 examination at its December meeting.

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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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The Health Law Firm Attorneys Often Represent Physicians and Health Professionals in Last Minute Depositions and Hearings

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 Our attorneys often receive calls from physicians and other health professionals regarding the possibility of representing them on short notice at a Board of Medicine or Board of Osteopathic Medicine hearing, or at a deposition related to a health care matter.

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CRIMINAL LAW: Retroactivity of Supreme Court Decision in Padilla v. Kentucky and Possible Application for Health Professionals

The Health Law Firm

Our guest author of this is article is Mark Rieber, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. In Padilla v. Kentucky , 559 US 356 (2010), the Supreme Court held that the Sixth Amendment right to effective assistance of counsel requires an attorney for a criminal defendant to provide advice about the risk of deportation arising from a guilty plea.

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CMS Announced Proposed Rule to Possibly Ban Providers Labeled as Harmful Medicare Part D Prescribers

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 Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law The Centers for Medicare and Medicaid Services (CMS) is proposing to exclude providers from Medicare if the government determines a pattern of abusive prescribing practices of Medicare Part D drugs.

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CONTRACTS: Cyberlaw—Signed Email Constitutes Binding Legal Agreement

The Health Law Firm

Our guest author of this is article is Charlene Hicks, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. Emails and other electronic communications are changing certain time-honored precepts of contract formation. Attorneys should be aware that what used to be considered standard negotiating procedures may now result in a contract binding upon their clients.

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Congress Moves Closer to Permanent Repeal of Medicare’s SGR Formula

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 December 12, 2013, the US House of Representatives passed a three-month patch to stabilize physicians’ Medicare payments, delaying a nearly twenty-four percent (24%) cut in Medicare payments that was scheduled for physicians in 2014.