March, 2016

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Federal Regulators Launch New Round of HIPAA Audits

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 March 21, 2016, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) launched a new round of audits to help ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA), especially its Privacy Rule and Security Rule.

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Florida Health Care Providers and Insurers Take Step Forward with Passage of New Telehealth Bill Focusing on Reimbursement

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 March 11, 2016, the Florida Legislature passed a new bill designed to set the stage for telemedicine commercial insurance coverage. This is a giant step forward as the Florida Legislature has had several unsuccessful attempts in the past. The current bill benefits providers of telehealth services, focusing on commercial insurance coverage and reimbursement.

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WHAT TO DO IF THE DEA OR OTHER LAW ENFORCEMENT ARRIVES WITH A SEARCH WARRANT

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., President The Health Law Firm First , know the difference between a search warrant and a subpoena (or a civil investigative demand, which is similar to a subpoena). For a subpoena , you must be given a reasonable period of time to respond. Take the time, call your attorney and have your attorney respond or assist you in responding.

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U.S. Court in Michigan Denies Motion to Suppress Evidence in Medicare Fraud 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 On February 3, 2016, the US District Court for the Eastern District of Michigan denied a motion to suppress all evidence of health care fraud seized by the government pursuant to a search warrant of Naseem Minhas’s home health care agency. The Federal Bureau of Investigations (FBI) conducted the search warrant at Minhas’s business, Tricounty Home Care Services, Inc., in December 2013.

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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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Florida Couple Accused of Medicaid Fraud For False Mammograms

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 March 9, 2016, authorities in Florida arrested a Kissimmee couple accused of Medicaid fraud. Oscar Alzate and Alba Garcia, owners of Digital Radiology Center, Inc. and Medisound, Inc., are accused of fraudulently billing Medicaid for more than $180,000 worth of mammography services never rendered.

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THE 33 BIGGEST MISTAKES FOR A NURSE TO AVOID AFTER BEING NOTIFIED OF A COMPLAINT AGAINST THE NURSE'S LICENSE PART 3 OF 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 This is the final part in a three part blog series focusing on how the investigation of a complaint against your nursing license could lead to the revocation of the license, and the assessment of tens of thousands of dollars in fines, as well as a number of adverse collateral consequences.

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Wal-Mart Urges Federal Judge to Overturn Verdict in $31 Million Discrimination 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 March 2, 2016, Wal-Mart asked a New Hampshire federal judge to overturn a jury’s verdict against the company in a discrimination case, as well as a $31 million award. Maureen McPadden, a pharmacist formerly employed by Wal-Mart, accused the retail giant of gender bias and wrongful termination after she complained that her medical information had been disclosed by one of her colleagues.

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Ex-Chesapeake Energy CEO Dies in Car Accident Shortly After DOJ Indictment

The Health Law Firm

By Miles Indest, J.D./M.B.A candidate On March 2, 2016, Ex-Chesapeake Energy CEO Aubrey McClendon was killed in a car wreck—one day after he was indicted by the United States Department of Justice (DOJ) for allegations regarding antitrust and conspiracy violations. Police are still investigating how the crash occurred, and many are saddened to hear of the death of “one of the greatest oil and gas wildcatters of his generation,” stated Forbes.

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RESTRICTIVE COVENANTS IN EMPLOYMENT CONTRACTS FOR RECRUITED PHYSICIANS

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 Early versions of the Stark Regulations, Federal Regulations adopted by the US Department of Health and Human Services (HHS) to implement the Stark Act, prohibited the inclusion of restrictive covenants (sometimes called noncompetition agreements, covenants not to compete or noncompetes), in physician employment agreements, when hospitals subsidized the hiring of a relocated physician.

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Former Executive of Assisted Living Provider Challenges $4.2 Million SEC-Enforced Penalty for Falsifying Occupancy Data.

The Health Law Firm

By Miles Indest, J.D./M.B.A candidate, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A former executive of a private equity-backed assisted living provider is aggressively protesting a $4.2 million penalty over an alleged healthcare-related fraud scheme, challenging the penalty in both administrative proceedings and the United States Supreme Court.

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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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Florida-Based Health Plan Suspended for “Serious Threat” to the Health and Safety of Medicare Beneficiaries

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 March 1, 2016, the Centers for Medicare and Medicaid Services (CMS) suspended a Florida insurer, Ultimate Health Plans Inc.(UHP), for posing a “serious threat” to Medicare beneficiaries. The sanction comes as a result of deficiencies including problems with compliance and coverage determinations involving Medicare Parts C and D.

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Application Deadline for Medicare EHR Incentive Hardship Exception Extended

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 February 26, 2016, The Centers for Medicare & Medicaid Services (CMS) extended the deadline for eligible hospitals/professionals and critical access hospitals to apply for a hardship exception from the 2015 Medicare Electronic Health Records Incentive Program.

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Growing Publicity of Research Fraud and Misconduct Impacts the Innocent Majority of Scientific Researchers.

The Health Law Firm

By Miles O. Indest, J.D./M.B.A candidate at Tulane University. Medical and clinical researchers face increased attacks on their reputation and research validity, a trend brought about by a few “bad apples” within their own industry. Most researchers, whether in an academic community or in a practice setting, spend years on clinical trials and investigations in hopes of contributing to their respective fields.

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Department of Justice’s Focus On “Individual Accountability” Hits Healthcare Industry

The Health Law Firm

By Miles Indest, J.D./M.B.A candidate, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 9, 2015, the Department of Justice (DOJ) Deputy Attorney General Sally Yates issued a memorandum emphasizing increased attention to individual criminal accountability for corporate wrongdoing.

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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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Latest Cyber-Security Attack on Hospital Brings More Attention to the Threat of Health Care Hackers (Part 2 of 3)

The Health Law Firm

By George F. Indest IV, Director of System Services, 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 (Part two of a three-part blog) You would think that health care professionals, who are saving lives every day at busy hospitals, wouldn’t have to worry about cyber-attacks or protecting network computers.

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THE 33 BIGGEST MISTAKES FOR A NURSE TO AVOID AFTER BEING NOTIFIED OF A COMPLAINT AGAINST THE NURSE'S LICENSE PART 2 OF 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 This is part two in a three part blog series focusing on how the investigation of a complaint against your nursing license could lead to the revocation of the license, and the assessment of tens of thousands of dollars in fines, as well as a number of adverse collateral consequences.

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Owner of X-Ray Company Facing Life in Prison for Health Care Fraud: Two Patient Deaths Involved

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 owner of a diagnostic imaging company in Maryland is facing life in prison after a federal jury found him guilty on February 17, 2016, of health care fraud. Rafael Chikvashvili, was found guilty of billing Medicare and Medicaid for more than $7.5 million for X-rays that were not analyzed by licensed physicians, which led to the death of two patients.

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