Billing

News & Analysis as of

The Surprise Cost of Whistleblowing

On February 3, 2015, in United States v. Huron Consulting Group, Inc., U.S. District Judge Jed S. Rakoff, took the unusual – but not unprecedented – step of ordering a False Claims Act (“FCA”) relator to pay thousands of...more

Timekeeping company argues lawyers using AFAs still need to keep time

One of the great things about non-hourly billing is that it frees you from the tyranny of timesheets. You stop thinking about billing and start thinking about results, about outputs, about deliverables. That approach is an...more

Time Records Are Not Just for Hourly Billing

Many attorneys, especially those in small offices, limit their timekeeping efforts to cases billed on an hourly basis. This can be a big mistake! Here’s why....more

Lawyers Can’t Help Themselves: Client Gouging is just a way of life

In reading my morning mail, this post caught my eye: Don’t Lose Your Shirt When Raising Fees. So I read the post, written by the CFO of a firm named Rivkin Radler. It contains 5 suggestions on how to raise your rates and feel...more

An open invitation

Sometime last summer, my friend Peter Carayannis of Conduit Law reached out and asked if Conduit could use our Value Adjustment Line on Conduit’s invoice. We were thrilled to say yes, much as our friends at Summit Law Group...more

FTC $19 Million Settlement with Google: Unauthorized In-App Charges Are Not Child’s Play

The FTC recently approved a final Order resolving allegations that Google unfairly billed customers millions of dollars for unauthorized charges made by children using mobile apps downloaded from the Google Play app store....more

Medical Billing Provider and its Former CEO Settle FTC Charges That They Misled Consumers About Collection of Personal Health Data

In an age when many of us briskly scroll through website terms and conditions and check, “I agree” without thinking, how should businesses design their websites to obtain proper authorization to access users’ sensitive...more

New Rule Permits CMS to Revoke Medicare Billing Privileges for Providers/Suppliers with “Pattern or Practice” of Denied Claims

On December 5, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a final rule titled “Requirements for Medicare Incentive Reward Program and Provider Enrollment” (“the Rule”). The Rule implemented several...more

Enrollment: A New Enforcement Tool?

On December 3, 2014, CMS issued its Final Rule that addresses provider enrollment. These new rules create new tools to police provider enrollment. CMS now has the ability to deny enrollment of providers, suppliers and owners...more

Production of Billing Statements from Law Firm Denied Even Though Deponent Could Not Recall Details of Why Information Was Not...

The defendants in this patent infringement action sought the production of certain billing statements of the law firm representing CleanTech. The defendants argued that the billing statements were discoverable based on their...more

Injured Workers Wrongfully Billed for Medical Care

If you are an injured worker with an accepted workers' compensation claim in Nevada, you should not be receiving bills from hospitals, radiologists, labs, doctors, or physical therapists for treatment that was authorized by...more

New York’s “Emergency Medical Services and Surprise Bills” Law

Earlier this year, the New York Legislature enacted, and Governor Cuomo signed, legislation that will impact billing and reimbursement for some out-of-network health care services, require new disclosures from providers...more

It’s Too Late to Send Rate Increase Letters

Not every company budgets on a calendar year annual basis, but for those that do, that process is nearly complete by mid-October. In-house counsel typically draft budgets in September, tweak them in October and are now deep...more

FCC Settles With Large Mobile Telephone Company In Connection With Hidden Third-Party Charges

On October 8, the FCC announced a $105 million settlement – the largest in the agency’s history – with a mobile telephone company to resolve allegations that the company engaged in unauthorized billing practices. According to...more

Firm’s collection letter violated Fair Debt Act

A North Attleborough law firm violated the Fair Debt Collection Practices Act when it sent a collection letter which included implied threats to sue that could have confused the debtor as to her statutory right to dispute the...more

District Court Rejects Hospitals' Challenge to CMS's Rebilling Policy

On September 17, the United States District Court for the District of Columbia ruled that it lacked jurisdiction over a challenge brought by the American Hospital Association (AHA) and several hospitals and systems (the...more

Third Circuit Affirms District Court’s Denial Of Certification Of Nationwide Class Of Plaintiffs Alleging Consumer Fraud And...

Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling...more

Third Circuit Rejects Class Certification in Yet Another Consumer Case

Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged...more

Move Over, Billable Hour; There's a New IP Fee Arrangement in Town

The practice of law has changed greatly over the past decades. We have witnessed great growth in solo and small firm practice, as well as a large movement to in-house practice. We are even seeing growth in freelance attorneys...more

The End of the Hour

Before the twentieth century, state law prescribed set fees for specific legal services, and litigation fees were usually paid by the losing parties. Over time, maximum fee laws were repealed, and by the early twentieth...more

HHS OIG Issues Report on Questionable Billing for Medicaid Pediatric Dental Services

What you need to know: The Office of Inspector General for the US Department of Health & Human Services recently published the results of its study on Louisiana dentists who may be providing unnecessary dental...more

Bundling Gains Momentum, Even as New Study Raises Questions

Health care cost bundling—the aggregating of all the costs of an episode of medical care into a single bill—seems to be here to stay. After all, it’s the way most all other billing is done. When your car is serviced, you...more

Brace Yourself: The RACs Are Back

Under the controversial program private contractors audit hospitals and other Medicare providers for fraudulent and erroneous Medicare billing. Why is it controversial? Because the auditors are paid a percentage of...more

FTC Releases Staff Report on Mobile Phone Bill Cramming

On July 28, 2014, the Federal Trade Commission (“FTC”) released a report, entitled “Mobile Cramming: An FTC Staff Report” (“Report”). The Report focuses on, and makes recommendations regarding, the mobile payment option...more

Focus on “shadow hours” misses the point of AFAs

Aric Press of American Lawyer penned a terrific article, What the Rise of Pricing Officers Says About Big Law’s Future. The article, reflecting the results of a recent survey, offers some great insights into the move to...more

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