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License Investigation Alleging Diversion of Controlled Substances by Physician Closed with Finding of No Probable Cause

The Firm successfully defended a physician against allegations that he traded drugs for sex. The allegations, which were made by a competitor, were successfully refuted by the Firm.  After consideration of the rebuttal statement prepared by the Firm on behalf the physcian, the Probable Cause Panel for the licensing board determined that probable cause did not exist and directed that the case against the physician be closed by the Florida Department of Health.  Learn More

Posted on November 8, 2016 by Parker Eastin, in Firm News

All Charges Dismissed in Medicaid Fraud Case Against Physician

After a trial jury voted 5 to 1 to acquit the Firm’s physician client in a Medicaid fraud case defended by Managing Attorney Robert Nicholson, the Florida Attorney General’s Office dismissed the remainder of the charges pending in the case.   Learn More

Posted on September 24, 2016 by Robert Nicholson, in Firm News

Overpayment Retention Results in False Claims Act Penalty

Last week, New York Attorney General Eric T. Schneiderman announced that three hospitals in New York’s Mount Sinai Health System are paying a total of $2.95 million to resolve allegations that the hospitals knowingly retained over $844,000 in overpayments made by Medicaid in violation of the federal and New York False Claims Acts. Learn More

Posted on September 24, 2016 by Parker Eastin, in Health Care Law News

False Claims Act Penalties Set To Dramatically Rise

The United States Department of Justice (DOJ) recently published an Interim Final Rule announcing that, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, part of the Bipartisan Budget Act of 2015, penalties under the False Claims Act will be increase to $10,781 to $21,563 per violation.

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Posted on July 4, 2016 by Parker Eastin, in Health Care Law News

Department of Health Closes Investigation of Registered Nurse with a Finding of No Probable Cause

The Probable Cause Panel for the Board of Nursing recently closed its investigation of a Registered Nurse accused of unprofessional conduct and diversion of controlled substances.  Learn More

Posted on June 1, 2016 by Erin Ferber, in Firm News

$750,000 Settlement Highlights the Need for HIPAA Business Associate Agreements

The HHS Office of Civil Rights (OCR) recently announced that Raleigh Orthopaedic Clinic, P.A. of North Carolina has agreed to pay $750,000 to settle charges that it potentially violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule by handing over protected health information (PHI) for approximately 17,300 patients to a potential business partner without first executing a business associate agreement. Learn More

Posted on May 22, 2016 by Parker Eastin, in Health Care Law News

New Florida Health Laws Prohibit Unexpected Balance Billing and Demand Greater Pricing Transparency

Florida recently became the latest state to enact legislation protecting consumers from unexpected medical bills through balance billing.  Unexpected “balance billing” happens when a patient is unaware that they are receiving treatment from a medical provider that is not covered under his or her health insurance plan (i.e., a provider who is “out-of-network”). Learn More

Posted on May 2, 2016 by Parker Eastin, in Health Care Law News

License Complaint Investigation Against Registered Nurse Closed with Finding of No Probable Cause

After considering the rebuttal statement prepared by the Firm on behalf of a Registered Nurse accused of improperly handling narcotics, the Probable Cause Panel for the Board of Nursing determined that probable cause did not exist and directed that the case be closed by the Florida Department of Health.  Learn More

Posted on May 2, 2016 by Parker Eastin, in Firm News

HHS-OCR Launches Phase 2 of HIPAA Audits, Will Include “Business Associates”

The United States Department of Health and Human Services Office of Civil Rights (OCR) has officially started the second phase of HIPAA Audits, which will include “Business Associates” for the first time. Learn More

Posted on March 25, 2016 by Parker Eastin, in Health Care Law News

Department of Justice and HHS-OIG Recover $2.4 Billion in FY 2015

The government has released its annual HCFAC Report for fiscal year 2015.  In the report, the government touts its recovery of $2.4 billion through civil and criminal enforcement efforts.  Of that amount, approximately $1.6 billion was returned to the Medicare Trust Funds, approximately $386 million was paid to federal agencies for restitution/compensatory damages, and approximately $414.5 million was paid to relators in False Claims Act cases.   Learn More

Posted on March 12, 2016 by Robert Nicholson, in Health Care Law News