The Health Law Blog

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Stoel Rives Law Firm Allegedly Assisted Tri-Med’s $17M Ponzi Scheme

By Miles Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On May 6, 2016, investors filed a securities class action lawsuit against law firm Stoel Rives, Charles Corces, CPA, and affiliated individuals for allegedly helping Tri-Med Corp operate a Ponzi scheme. According to the complaint, which was filed in a Florida federal court, the defendants helped Tri-Med raise over $17 million, most of which funded personal expenses and outside ventures of the company’s principal insiders. Tri-Med...

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5/24/2016 Comments(0)

Walgreens Announces Expansion of Mental Health Services to Raise Awareness

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 10, 2016, Walgreens announced it will expand its mental health services, including access to behavioral health treatment via telemedicine, expand customer options for treatment, screenings and awareness. To improve overall mental health care for patients, Walgreens will offer access to 1,000 therapists and psychiatrists via Breakthrough, an MDLive telemedicine company. Walgreens recently began a...

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5/18/2016 Comments(0)

Quality of Care: New Study Finds That Medical Errors Are Third Leading Cause of Death in U.S.

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A new study by patient safety researchers revealed that common medical errors are now the third leading cause of death in the U.S., after heart disease and cancer. Their analysis, published in the British Medical Journal BMJ on May 3, 2016, contends that medical errors in hospitals and other health care facilities are incredibly common and may now be the third-leading cause of death in the United State...

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5/12/2016 Comments(0)

New OIG Guidance Publishes on Permissive Exclusions from Federal Health Care Program Participation

By Miles Indest, J.D./M.B.A candidate at Tulane University: Law Clerk, The Health Law Firm On April 20, 2016, the U.S. Department of Health and Human Services Office of Inspector General OIG released updated non-binding criteria that disclosed when a company or individual can be barred from participating in Medicare, Medicaid, and other federal health care programs. The OIG has permissive authority to exclude a person or company from participation in federal health care programs for engaging in ...

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5/9/2016 Comments(0)

Miami Doctor Gets Slapped With Nine Years in Prison for Complex $30 Million Medicare Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 18, 2016, Dr. Henry Lora, a doctor in Miami was sentenced to nine years in federal prison for his role in a scheme to defraud the Medicare system out of around $30 million in phony reimbursements. Dr. Lora is the latest of five individuals sentenced in the South Florida fraud ring, according to the Department of Justice. Dr. Lora was also ordered to pay $30.3 million in restitution, according ...

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5/1/2016 Comments(0)

New Jersey Pharmacy Agrees to Pay $1.9 Millions to Settle Allegations of Medicaid Overbilling

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A pharmacy in New Jersey, Cross Roads Pharmacy, agreed to pay over $1.9 million to resolve allegations of its overbillling the Medicaid Program. According to the Office of the State Comptroller, more than 3,800 claims were submitted by the pharmacy without records to back up the claims. A Three Year Investigation. After a three-year investigation by the office’s Medicaid Fraud Division, it reveal...

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4/28/2016 Comments(0)

HITECH Violations Do Not Support FCA Liability, Affirms Sixth Circuit Court of Appeals

By Miles Indest, J.D./M.B.A candidate at Tulane University, Law Clerk, The Health Law Firm On March 7, 2016, the United States Court of Appeals for the Sixth Circuit confirmed that individual Health Information Technology for Economic and Clinical Health Act HITECH violations do not support allegations under the False Claims Act FCA . U.S. ex rel. Sheldon v. Kettering Health Network, 2016 WL 861399 6th Cir. Mar. 7, 2016 . A qui tam relator claimed that her ex-husband had improperly retrieved ele...

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4/27/2016 Comments(0)

Aetna Wins $37.4 Million Verdict In Case Against Fraudulent Overbillings and Payment of Kickbacks

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 14, 2016, a jury in California awarded Aetna Inc. more than $37.4 million in damages after finding a network of Northern California surgical centers overbilled the insurer for out-of-network procedures. The verdict comes from a complex scheme in which referring physicians received substantial kickbacks for services over a three-year period from 2008 to 2011. Details of the Complex Fraud Scheme...

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4/20/2016 Comments(0)

FDA Issues Warnings About Research Participant Protections and Inadequate Sterilization of Medical Equipment to Mayo Clinic Care Network Hospital

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 12, 2016, the U.S. Food and Drug Administration FDA issued warnings that targeted the allegedly substandard protection of research participants at a hospital in the Mayo Clinic Care Network. It also addressed shortcomings involving the sterilization of medical devices used to harvest fat during plastic surgery. Below are the enforcement actions taken by the FDA. Hospital Allegedly Fell Short o...

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4/19/2016 Comments(0)

State Lawmakers in Missouri Move to Hold Planned Parenthood President in Contempt

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 5, 2016, republican lawmakers in Missouri threatened to hold the president of a St. Louis-area Planned Parenthood affiliate in contempt of court – under threat of jail time – for refusing to submit private medical documents. The contempt charge is related to a November subpoena issued to Mary Kogut, President and Chief Executive Officer CEO of Planned Parenthood of the St. Louis Re...

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4/12/2016 Comments(0)