Category Archives: Health Law

Health Law Primer: Prohibition Against Kickbacks

It is a crime for any person to pay or receive anything of value if even one purpose of that payment is to induce the referral of a patient for a health care good or service. This prohibition exists in Federal law and, in various permutations, often exists in states’ laws as well. On the Federal level, this restriction does not apply if and to the extent that the arrangement fits within one of approximately twenty-five fact patterns that appear
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Prescription Management” Company For Physicians Accused of Fraud

Allegations against a company in Texas that acted as a “prescription manager” for physicians, finding the highest reimbursed drugs in various health plans and encouraged physicians to prescribe those drugs. There is some indication that select pharmacies filled the prescriptions with certain financial benefits going back to the doctors. Based on the article it appears to be a fairly large operation. The company, for its part, claims it did nothing wrong; having had attorneys review and approve their business model.
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Drug Manufacturer Accused Of Kickbacks By Providing Nurses

A lawsuit filed by the State of California alleges that the drug maker, AbbVie, induced physicians to over-prescribe Humira, a drug used for the treatment of rheumatoid arthritis. The alleged kickbacks included supplying nurses to go to the patients’ homes as an extension of the physicians’ practice to administer the medication and complete physician’s administrative paperwork. The suit alleges that the nurses, paid by and working for the drug company, looked out for the drug company’s interests, not those of
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Medicaid Taxi?? Fraud

A group of taxi companies allegedly took up a unique way of competing with ride share companies like Uber and Lyft; Medicaid Fraud. A New York man entered a plea agreement last week to a health care fraud conspiracy involving millions of dollars’ worth of fraud in charges for patient transportation. Medicaid pays for non-emergency medical transportation for beneficiaries who cannot afford their own transportation. Through a combination of kickbacks and fraud including charges for rides that never happened, the
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How Florida’s New Controlled Substance Regulations Impact You

Article Written By: Carlos H. Arce, Esq. On March 19, 2018, Governor Rick Scott signed into law House Bill 21, adding new legal requirements on healthcare providers who prescribe controlled substances, and specifically geared towards opioids. In recent years, the opioid epidemic has affected the public health of the United States. Many states have adopted new laws that add new requirements in prescribing controlled substances. Healthcare providers all across the country have had criminal charges filed against them for violations
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Medical Practice Policies and Procedures and Why You Need Them

Article Written By: Carlos H. Arce, Esq. During your time in medical school you never imagined that managing your own medical practice would have little to do with the practice of medicine. Medical school likely did not prepare you for the legal consequences that come with the modern-day business of medicine. Many physicians are forced to sell their practices, or worse, due to the legal liabilities that may come with owning a medical practice. A medical practice is typically composed
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