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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Administrative Simplification and ICD-10: Streamlining Health Care Operations

CMS.gov

By: Christine Stahlecker, Director, Administrative Simplification Group, Office of E-Health Standards and Services, Centers for Medicare & Medicaid Services. Did you know that the United States spends more than $150 billion annually on health care administration, and for the average physician, two-thirds of a full time employee is needed to carry out billing and insurance related tasks?

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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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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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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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First Lady Challenges Florida Companies to Hire More Veterans

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 November 14, 2013, First Lady Michelle Obama attended and spoke at the first Veterans Institute Workshop, held at Disney World. This event encouraged companies from across the country to hire, train and support our nation’s military service members and their families as they transition into civilian life, according to the Orlando Sentinel.

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More Trending

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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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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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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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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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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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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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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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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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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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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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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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Ensure Continuous Patient Care: How to Avoid Disruptions Due to Ransomware

The industry has seen an increasing pace of ransomware, zero-day, and remote-code execution attacks. Learn how to defend against these against these attacks in this eBook.

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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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Medicaid Fraud Control Unit Busts Florida Pharmacist in Alleged $600,000 Medicaid 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 Law. An investigation by the Florida Attorney General’s (AG) Medicaid Fraud Control Unit (MFCU) uncovered almost $600,000 in alleged Medicaid fraud. According to the AG, a pharmacist and owner of a Hialeah, Florida, pharmacy, was arrested on August 22, 2013.

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Generative AI for Contracts Is Here: New Tools to Accelerate Drafting and Editing

The emergence of generative AI is reshaping the landscape of contract management, enabling businesses to generate and negotiate legal agreements with greater ease and speed. In this on-demand webinar, Hal Marcus, VP of Product Marketing at Evisort discusses how Evisort's generative AI transforms contract creation and negotiation, empowering legal teams to streamline processes while reducing risk.

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Shands Healthcare to Pay $26 Million Settlement for Allegedly Submitting False Claims in Whistleblower/Qui Tam 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 On August 19, 2013, Shands Healthcare agreed to pay $26 million to settle a lawsuit that stemmed from a whistleblower/qui tam claim. According to the settlement agreement, six of Shands’ Florida hospitals were accused of billing government health programs, such as Medicare and Medicaid, for inpatient claims that should have been coded as outpatient services for five years.

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Planned Parenthood Pays $4.3 Million to Settle Allegations of Medicaid Fraud in Qui Tam/Whistleblower 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 Planned Parenthood Gulf Coast recently paid $4.3 million to settle civil allegations under the False Claims Act, according to the Department of Justice (DOJ) on August 16, 2013. The nonprofit organization is accused of fraudulently billing Medicaid and other government programs for health services provided by some of its Texas clinics between 2003 and 2009, according to the DOJ.

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Daytona Beach Hospital Facing Recommendation for Medicare and Medicaid Termination After Wrong-Site Surgery

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 It’s usually a nightmare for a physician who performs wrong-site surgery. However, that’s what one surgeon at Halifax Hospital in Daytona Beach, Florida, is accused of doing. The term “wrong-site” refers to the fact that the surgeon has operated on the wrong leg, arm, eye or other organ.

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Consumer Reports Ranks Surgical Safety in Hospitals Throughout Florida and the U.S.

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 For the first time, patients can view and compare surgery safety results at hospitals across the country. Consumer Reports recently rated nearly 2,500 hospitals in 50 states for surgical safety. This report measured infections, readmission rates, complications and adverse reactions (such as a heart attack or death) in patients after a surgery.

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Best Practices for Sharing Protected Health Information (PHI)

In this ebook, you will learn about the 18 PHI indicators, the legal requirements and penalties surrounding PHI, and how your healthcare teams should securely exchange this data. Key takeaways from this ebook: Gain confidence in identifying PHI. Acquire practical implementation strategies for exchanging PHI within your organization. Emphasize the importance of using compliant communication tools within healthcare teams.