Ari H. Gerstin

Ari H. Gerstin

Akerman LLP

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Federal Appeals Court Reverses Conviction of Mental Health Program Director

In a recently released decision, the United States Court of Appeals for the Eleventh Circuit reversed the conviction of a former community mental health program director who was convicted after trial of conspiring to commit...more

8/6/2015 - Appeals Convictions Electronic Medical Records Healthcare Healthcare Fraud Healthcare Providers Medical Records Medicare Mental Health

State of Florida to Award Low-THC Cannabis Dispensing Organization Licenses After Judge Dismisses Final Pending Challenge to...

The Florida Department of Health will soon be accepting applications from organizations interested in cultivating and distributing low-THC cannabis in the state after an administrative law judge dismissed the final pending...more

6/6/2015 - Department of Health Dispensaries Federal Contractors Marijuana Cultivation Medical Marijuana

Department Of Health And Human Services Office Of Inspector General's FY 2014 Work Plan Identifies Security Of EHR Technology As...

On January 31, 2014, the U.S. Department of Health and Human Services ("HHS") Office of Inspector General ("OIG") released its annual work plan. Not surprisingly, issues relating to Electronic Health Records ("EHRs")...more

2/4/2014 - Cybersecurity Data Protection EHR Healthcare HHS PHI

"Meaningful" Errors Require Hospital System To Refund $31M

In what is reported to be the largest repayment to date involving "meaningful use" incentive payments, Naples, Florida-based Health Management Associates, Inc. ("HMA"), with 71 inpatient facilities in 15 states, including...more

11/8/2013 - CMS Compliance EHR Hospitals Incentives Plain Error Refunds SEC

PODs Continue To Attract Scrutiny From OIG And Congress

In the wake of a recent U.S. Department of Health and Human Services Office of Inspector General ("OIG") investigation, physicians with ownership interests in medical device distributorships and hospitals should prepare for...more

10/31/2013 - Fraud HHS Investigations Medical Devices OIG Physician-Owned Distributors Physicians

Meaningful Use Attestation Deadline Approaching: What You Need To Know

As the end of the federal fiscal year rapidly approaches, so does the attestation deadline for hospitals participating in the Medicare Electronic Health Record (EHR) Incentive Program. ...more

9/24/2013 - Attestation Deadlines Deadlines EHR Meaningful Use Medicaid Medicare PHI

The High Cost of Paying Physicians for Referrals: Tuomey Healthcare System Faces Penalties of up to $357 Million

On May 8, 2013, a jury sitting in the U.S. District Court for South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act (FCA) by illegally paying referring physicians. The jury...more

5/17/2013 - False Claims Act Penalties Physician Payments Physicians Stark Law

What To Do If The Feds Come Knocking At Your Door!

Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any...more

1/18/2013 - DOJ False Claims Act Fraud Healthcare Investigations Search Warrant

Program Director and Therapist Convicted In $205M Mental Healthcare Fraud

Just over two years after the raid on the Miami headquarters of mental healthcare chain American Therapeutic Corporation (American Therapeutic), a former program director and therapist in the Ft. Lauderdale office of the...more

11/30/2012 - Electronic Medical Records Fraud Healthcare Medicare Mental Illness Robo-Signing

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