Norman Tabler, Jr.

Norman Tabler, Jr.

Faegre Baker Daniels

Contact  |  View Bio  |  RSS

Latest Publications

Share:

8th Cir. Rejects Dr.’s Grab-Bag Retaliation Suit

Dr. Alaa Elkharwily lost his job at Albert Lea Clinic, but he didn’t go quietly. He sued the clinic and eight related organizations and individuals alleging just about everything a terminated doctor can allege in Minnesota:...more

5/26/2016 - EMTALA Retaliation Summary Judgment Termination

And You Thought RAC Audits Couldn’t Get Any Worse

If there’s one thing that unites the hospital industry—even the fiercest competitors—it’s hatred of audits by recovery audit contractors, or RACs. Why? For one thing, because RACs operate on a contingency fee basis. They...more

5/25/2016 - CMS Contingency Fees GAO Hospitals Recovery Audit Contractors (RACs)

Site-Neutral Billing Exemptions

The Balanced Budget Bill Act of 2015 has a site-neutral billing provision relating to off-campus hospital outpatient departments (HOPDs). Those are facilities away from the hospital campus but certified as part of the...more

5/24/2016 - Health Care Providers Healthcare Facilities Hospitals Medical Reimbursement Medicare Reimbursements

No Good Deed Goes Unpunished

Oscar Wilde observed, “No good deed goes unpunished.” Whistle-blower Michael Cascio discovered the truth of that saying when a federal court threw out his qui tam case against a national wound care provider that partners...more

5/18/2016 - Fraud Health Care Providers Motion to Dismiss Qui Tam Whistleblowers

Qui Tam Defendant’s Confidentiality-Breach Counterclaim Fails

What if a whistleblower discloses the protected health information (PHI) of privately insured patients in making the claim that his employer submitted false Medicare claims? And what if that violates a confidentiality...more

5/16/2016 - Confidentiality Agreements Motion to Dismiss PHI Qui Tam Whistleblowers

Biblical Name No Shield Against Fraud Charge

On May 2 a New Orleans federal jury found that Psalms 23 DME, LLC—its Biblical name notwithstanding–was part of a fraud scheme that illegally billed Medicare $3.2 million. In 2013 the government indicted Psalms 23 owner...more

5/10/2016 - Durable Medical Equipment False Billing Health Care Providers Healthcare Fraud Medicare

Attorneys Pay Heavy Price for Block-Billing

Lawyers are aware of the increasing sensitivity—and hostility—of clients to block-billing: lumping more than one activity into a single time entry. A new Fifth Circuit decision shows that courts can be equally sensitive—and...more

5/4/2016 - Attorney's Fees Community Health Systems False Claims Act (FCA) Hospitals Qui Tam Young Lawyers

When Two Belts & Suspenders May Not Be Enough

Boston Children’s Hospital says that when it terminated a research fellow’s employment, he took the laptop he used in his work to a computer forensics company and had all the data, including data owned by the hospital,...more

5/2/2016 - Conversion Hospitals Motion for Judgment Replevin

There Is Such a Thing as Being Too Careful

According to The New York Times, Medicare may be punishing hospitals—and academic medical centers (AMCs) in particular—for being too careful. That’s how Northwestern Memorial Hospital’s chief medical officer sees the...more

4/26/2016 - Health Care Providers Hospitals Medicare

Not Everyone Wants to Be on TV

It turns out that not everyone wants to be on television. New York-Presbyterian found that out the hard way. Back in 2011 the hospital allowed a television camera crew inside treatment areas to record footage for the...more

4/25/2016 - HIPAA Hospitals OCR Patient Privacy Rights PHI

Supremes Hear Argument on Implied Certification Theory

On April 19 the U.S. Supreme Court heard oral argument in Universal Health Services v. U.S. ex rel. Escobar. That’s the case in which the First Circuit upheld a whistleblower suit brought against a mental health clinic that...more

4/22/2016 - False Claims Act (FCA) False Implied Certification Theory Reimbursements SCOTUS Universal Health Services Inc v United States ex rel Escobar Unlicensed Medical Providers

New Guidance on Exclusion

For the first time in nearly 20 years the Office of Inspector General (OIG) of the Department of Health & Human Services has issued new guidance on the exercise of its authority to exclude health care providers from...more

4/20/2016 - Health Care Providers HHS Medicaid Medicare New Guidance OIG Yates Memorandum

Aetna Wins $37.5 Million for Overbilling Scheme

It’s easy to fall into the habit of regarding self-referrals and kickbacks as strictly a matter of federal law, governed only by the federal Stark Law and Anti-Kickback Statute. But an April 13 verdict in California provides...more

4/19/2016 - Anti-Kickback Statute Fraud Health Care Providers Stark Law

Texas-Size Sentences for Texas-Size Medicare Fraud

They do things big in Texas. The latest example is the punishments being handed out for a Medicare fraud scheme at Riverside General Hospital in Houston. Let’s start with the fraud scheme. It was Texas-size, too,...more

4/14/2016 - False Claims Act (FCA) Health Care Providers Healthcare Fraud Medicare

OK to Exaggerate How Long Patients Need Device

Today’s riddle: Why would a federal court approve a medical device manufacturer’s practice of persuading physicians to exaggerate the period of time Medicare patients need their devices? The answer is so simple that you’ll be...more

4/13/2016 - False Claims Act (FCA) Medical Devices Medicare Qui Tam Whistleblowers

News Flash: It’s Not Illegal to Tie Sutures!

You have to hand it to Kansas federal judge Daniel Crabtree. He played it completely straight in his April 7 decision rejecting the claim by Suture Express that two national medical supply distributors were guilty of...more

4/12/2016 - Competition Medical Supplies Restraint of Trade

Court Rejects End-Run of Medicare Appeals Rules

The Indiana Health Department sent a team to the Nightingale home health care and hospice group, in response to complaints. When CMS received the team’s report, it notified Nightingale that its Medicare certification was...more

4/8/2016 - CMS First Amendment HHS Medicare Motion to Dismiss Race Discrimination

What’s In a Name? Not Much, Says Colo. Federal Court

On March 31 a federal court in Colorado threw out a suit by 80 chiropractors against several national health insurers. The chiropractors alleged that the insurers violated Colorado law by paying them less than physicians and...more

4/7/2016 - Health Care Providers Health Insurance Reimbursements

When Are Punitive Damages Too Punitive?

The defendants aren’t in the health care business, but their April 1 victory in the Tenth Circuit has implications for defendants in all lines of business. That’s why the U.S. Chamber of Commerce weighed in with an amicus...more

4/6/2016 - Amicus Briefs Carbon Monixide Exposure Compensatory Damages Due Process Fourteenth Amendment Negligence Punitive Damages

Difference of Medical Opinions Doesn’t Prove One Was False

A federal court in Alabama dealt a blow to the theory that in matters of medical judgment, a false claim action can rest on expert opinion evidence alone. A patient is eligible for hospice if the prognosis is life...more

4/5/2016 - Evidence Expert Testimony Healthcare Hospice Summary Judgment

N.Y. High Court Denies Facility Fees for Office Surgery

New York State surgeons who operate in their offices took a hit on March 31, when that state’s highest court upheld a ruling that no-fault insurance companies are not required to pay a facility fee—only the professional fee....more

4/4/2016 - Ambulatory Surgery Centers Declaratory Judgments GEICO Motion for Summary Judgment No-Fault Insurance Surgery

U.S. Sides with Defendant Against Whistleblower—Sort of

Today’s riddle: why would the government take the defendant’s side against the whistleblower in a False Claims Act qui tam case? Why would the government challenge the whistleblower’s claim that two defendants violated the...more

4/1/2016 - False Claims Act (FCA) Qui Tam Settlement Stark Law Whistleblowers

Pause in Feds v. W.Va. Hospital Merger Battle

On March 24 the Federal Trade Commission issued an order temporarily putting on hold its hearing on the Cabell Huntington Hospital’s proposed acquisition of St. Mary’s Medical Center and Pallottine Health Services....more

3/31/2016 - Acquisitions Attorney Generals FTC Hospital Mergers Mergers

Federal Rx for Opioid Epidemic: Tighten Rules on Prescribers

The federal government has made no secret of its concern over what is invariably described as an “opioid epidemic” sweeping the country. Nor is it a secret that the government sees prescribing physicians—especially primary...more

3/30/2016 - CDC FDA Health Care Providers Prescription Drugs

Retaliation Claim Survives Though False Claim Act Claim Is False

Roxanne Perkins was employed as a clinical supervisor of prior authorizations therapy at Wellcare Health Plans. When she returned from a leave of absence, she learned that Wellcare had instituted a new practice of approving...more

3/29/2016 - False Claims Act (FCA) FRCP 9(b) Qui Tam Retaliation State Contracts Whistleblowers Wrongful Termination

215 Results
|
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×