healthcare lawyer

All posts tagged healthcare lawyer

Supervision of Electrologists

by admin on February 22, 2021 No comments

By: Chase Howard

Changes are coming to the way Electrologists in Florida may be supervised when performing laser hair removal. For years, direct, on-site supervision by a physician was required in order to allow an electrologist to perform laser hair removal. Recently, the Board of Medicine and Electrolysis Council agreed to a rule change, altering the method of supervision to include telehealth.

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2021 Pharmacy Enforcement Actions in Full Swing

by admin on February 5, 2021 No comments

By: Michael Silverman

The new year has brought with it no lull in pharmacy fraud crackdowns and enforcement actions, with allegations related to over one billion dollars in false claims.

Here’s a breakdown of the latest:

Mississippi Man Sentenced to 18 Years in Prison and $287,659,569 in Restitution

This individual spearheaded a scheme involving kickbacks to marketers and prescribers to defraud TRICARE and other healthcare programs by submitting claims for unnecessary compounded medications, which also involved routine waiver of patient financial responsibility.

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Is Your Medical Software Provider Using the Cloud to Store Data?

by admin on December 14, 2020 No comments

The Fractional General Counsel

medical software security hipaa protectedBy: Steven Boyne

The Question of the Week: Is your Medical software provider using the Cloud to store data?

These days everyone is migrating to the Cloud.  This exodus away from servers to the cloud is driven by the flexibility, security and pricing that Cloud services such as AWS (Amazon Web Services), Microsoft’s Azure, Google Cloud and IBM offer software developers.  It is a pretty safe assumption that most healthcare software vendors are currently using the Cloud, or they plan on using the Cloud.

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Webinar | 2020 Behind Us, Business Lessons to Take into 2021

by admin on December 9, 2020 No comments

The year 2020 is one for the history books from the start of a global pandemic, COVID-19 shutdowns of “non-essential” businesses to a rise in telemedicine fraud schemes. Join Board certified healthcare attorney Jeff Cohen for insight on 2021 healthcare business preparation topics and lessons from 2020.Webinar register here button

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Weave Compliance Into Your Practice For 2021

by admin on December 8, 2020 No comments

fhlf regulatory complianceBy: Jeff Cohen

A recent Department of Justice $500,000 settlement with a cardiology practice underscores the need for ensuring tighter compliance by medical practices.  There, the practice billed Medicare for cardiology procedures for which interpretive reports were also required.  Medicare paid for the procedures, but upon audit, CMS could not find the requisite interpretive reports.  The False Claims Act case settled for $500,000, but it’s likely that (1) the reimbursement by Medicare was far less, and (b) the legal fees behind the settlement weren’t too far behind the settlement amount!  Had the practice self-audited each year, would they have found the discrepancy?

Medical practices have felt the weight of price compression and regulatory load more than probably any segment in the healthcare sector.  They are doing far more for far less.  And regulations expand faster than viruses!  Hence, many have a strategy of regulatory compliance that can best be characterized as a combination of facial compliance (“We bought the manual and put it on the shelf”) and hope (“They’re not really serious about this, are they?”).  Unless you’re part of a practice of more than 20 doctors, it’s likely that you can do more to ensure regulatory compliance.

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APRN Requirements for Autonomous Practice

by admin on November 14, 2020 No comments

fhlf aprn requirementsBy: Chase Howard

Florida is the latest state to expand the practice of Advanced Practice Registered Nurses. In March 2020, autonomous practice was passed and signed into law, with the law going into effect in July. In October, the Board of Nursing promulgated rules and provided the application for NP’s seeking to practice autonomously.

Before qualifying for autonomous practice, however, an NP must meet the following requirements:

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Webinar | Top Down Legal Look at Treatment Center Relationships

by admin on September 16, 2020 No comments

Attorney Jacqueline Bain is part of a select group of Florida attorneys who have achieved both Florida Bar Board Certification in Health Law and a Certification in healthcare compliance by the Health Care Compliance Association. Ms. Bain routinely advises her clients about statutes and regulations that govern healthcare businesses, including regulatory compliance, fraud and abuse, and healthcare marketing. During this webinar she will review with attendees the regulatory compliance considerations specific to the behavioral healthcare and treatment center businesses.

Webinar register here button

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Live Online | DME Industry and the Pandemic: What’s Changed & What Hasn’t

by admin on June 23, 2020 No comments

DME suppliers are integral in keeping patients healthy and out of the hospitals, now so more than ever with the spread of the coronavirus.

In this discussion, we’ll explore some of the laws and standards that have been temporarily relaxed to assist patient access to DME during the Public Health Emergency, as well as a compliance refresher on those regulations that have not changed.
Join Attorney Michael Silverman for a Q&A “live online” through zoom. Come prepared with your questions!

Meeting ID: 981 2744 0401
Password: 6Fjwyi

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The 3 Knocks Coming to your Healthcare Business’ Door Post-Pandemic: The Lawyers, The Regulators; and The Auditors

by admin on June 4, 2020 No comments

florida healthcare law firm audits after covidBy: Steven Boyne

When COVID-19 passes and the world begins to return to normal, you can be guaranteed that many of your old “friends” will come to visit you. To minimize future liability, pain and time, you should be preparing today for tomorrow’s visitors:

The Lawyers. Lawyers come in many flavors, and can bring good or bad news. Depending on your initial reaction to the pandemic, and your subsequent actions as the panic started to die down you may see three types of lawyers: (1) Those that represent past or present employees who have lost their job or contracted COVID-19; (2) Those that represent patients who claim malpractice based on the care that you did or did not deliver, and also those patients who assert that they contracted COVID-19 at your office; and finally (3) Those that represent creditors or debtors of your practice. The actions you should take today are many and varied and beyond the scope of this overview, however, you should be asking the following questions of yourself: (i) did you file a claim for business interruption despite the fact that your insurance broker said you were wasting your time? (ii) does your malpractice carrier cover you for liability outside of the normal scope of providing care? (iii) are your documenting your actions throughout the pandemic to demonstrate that you were acting reasonably at a time when you did not have all the facts? (iv) did you look at your business insurance policies for coverage for employee claims, or workers comp claims, or OSHA claims? (v) did you research what other similarly situated companies are doing, as you will most likely be held to the same standards? (vi) did you follow guidance from State and Federal entities? and (vii) did you provide notice during the pandemic to debtors or other parties who have breached their obligations?

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adminThe 3 Knocks Coming to your Healthcare Business’ Door Post-Pandemic: The Lawyers, The Regulators; and The Auditors