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Compliance Update
OIG opinion: Free home health visits are not kickbacks Print E-mail
Written by The Health Law Offices of Anthony C. Vitale   
Tuesday, 22 September 2015 00:00

The U.S. Department of Health and Human Services Office of Inspector General recently issued  an opinion that a home healthcare provider's policy to offer free introductory visits to patients who have already chosen it as their provider does not violate the federal anti-kickback statute.

In its request for an advisory opinion, the home healthcare provider stated that patients who choose their services do so without any involvement from the home healthcare provider and with no remuneration to referral sources. Generally, patients are provided with a list of potential home healthcare agencies by their physician, hospital discharge planner or case manager.

Last Updated on Friday, 25 September 2015 19:20
 
FL ALFs Latest Target of Medicaid Fraud Investigators Print E-mail
Written by Health Law Offices of Anthony Vitale   
Thursday, 17 September 2015 00:00

Assisted Living Facilities (ALFs), and the patient placement agencies with which they work, have become the latest target of Florida's Medicaid Fraud Control Unit (MFCU) investigators.

Recently, these agencies have been conducting interviews with ALF owners, managers and marketing personnel at facilities where they suspect possible kickbacks in violations of the Florida Patient Brokering Statute and Florida Medicaid Provider Fraud StatuteFlorida Statute 409.20(2)(a)(5), punishable by five years or more in prison.

It is a violation to...

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Last Updated on Friday, 18 September 2015 16:43
 
S. Florida's Highest Paying Jobs Print E-mail
Written by FHI's Week in Review   
Tuesday, 15 September 2015 14:28

Based on research done by the SFBJ, physicians occupy five out of the six highest paying jobs in South Florida. Shaun Bevan, in a 9.11.15 post, reports that Surgeons (1), Obstetricians and Gynecologists (2), Family and General Practitioner (4), Physicians and Surgeons, All Other (5) and Internists, General (6) are top earners in the region. Chief Executives are the only non-medical profession to crack the top six, coming in at number three.

Read more in the current issue of FHI's Week in Review - 9/14/15 http://conta.cc/1LtPfuz

Last Updated on Thursday, 01 October 2015 12:41
 
Avoiding Delays in License Renewals Print E-mail
Written by FL BOM via FL Healthcare Law Firm Blog   
Thursday, 10 September 2015 00:00

It’s almost renewal time once again for many health care practitioners. If this is your renewal cycle, please note the following information provided by the Florida Board of Medicine, which can help you avoid some of the most common delays encountered with license renewals. It is important to remember the upcoming renewal is the first to have mandatory continuing medical education reporting requirements. If you have not done so, please activate your account with CE Broker and ensure that all required CME you have completed for this renewal has been uploaded.

Most of the medical practitioners renewing will be required to submit the following...

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A Lot Can Be Learned from Tuomey Court Print E-mail
Written by Jeff Cohen | Florida Healthcare Law Firm Blog   
Tuesday, 04 August 2015 00:00

The Tuomey decision, U.S. Court of Appeals case out of South Carolina, contains important lessons for physicians, especially as it relates to (1) compensation arrangements with hospitals, (2) proper compensation arising in connection with the provision of designated health services ("DHS"), and (3) the advice of counsel defense.
 
The concept of DHS arises largely in the context of the federal Stark Law, which in pertinent part (1) forbids physicians from owning and referring to providers of DHS (e.g. PT, rehab, diagnostic imaging, home health, DME, clinical laboratory, inpatient and outpatient hospital services), (2) describes how medical practices can provide DHS to their own patients, and (3) forbids even physicians within a practice from allocating DHS profits on the basis of who ordered or referred to them.

The Tuomey case involves a whistleblower action filed against a not for profit hospital system.

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