News & Analysis as of

Health Care Providers Criminal Liability

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

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After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Bass, Berry & Sims PLC

[Webinar] 9th Annual Nashville Healthcare Fraud Conference - December 14th - 15th, 9:00 am - 2:00 pm CST

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Please join us for the 9th Annual Nashville Healthcare Fraud Conference hosted by Bass, Berry & Sims and the Tennessee Hospital Association. Eligible for more than seven hours of CLE credit (including ethics), this...more

Bass, Berry & Sims PLC

[Event] 9th Annual Nashville Healthcare Fraud Conference - December 7th, Nashville, TN

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Please join us for the 9th Annual Nashville Healthcare Fraud Conference hosted by Bass, Berry & Sims and the Tennessee Hospital Association. Eligible for more than seven hours of CLE credit (including ethics), this...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

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Healthcare providers carry heavy liability risks in the event of a medical malpractice allegation or professional standards violation, which can be costly and lead to licensing ramifications and reputational damage. While the...more

Oberheiden P.C.

Ten Things You Should Know if Your Clinical Laboratory is Under Investigation

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Similar to other types of healthcare entities, clinical laboratories have been facing enhanced scrutiny from federal authorities over the past couple of years. While this is due in part to fraud concerns related to COVID-19...more

Oberheiden P.C.

MSO Investigations: When Are Physician-Owners at Risk?

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The U.S. Department of Justice (DOJ) has recently taken a renewed interest in management services organizations (MSOs), including physician-syndicated MSOs in which physician-owners provide medical services in exchange for...more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - January 27th, Lake Buena Vista, FL

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education, including updates on the latest news in regulatory...more

Health Care Compliance Association (HCCA)

[Virtual Event] Healthcare Enforcement Compliance Conference - November 7th - 9th, 8:55 am - 3:30 pm CST

Hear directly from the enforcement community - Want to gain insight into properly monitoring, detecting, investigating, and managing violations? Join us virtually at HCCA’s Annual Healthcare Enforcement Compliance...more

Epstein Becker & Green

Will the Supreme Court’s Latest Decision on Mens Rea Leave Medical Professional Prosecutions Ruan-ing on Empty?

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In a brush-back pitch to DOJ opioid initiatives, the U.S. Supreme Court this past June issued an important decision clarifying the mental state the government must establish to convict a licensed medical professional of...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Medical Practitioners Beware: Telemedicine Schemes May Result In Unexpected Liability

Takeaway: Medical practitioners should exercise extreme caution when entering into telemedicine agreements, in order to avoid unintended civil and criminal consequences. It is advisable to consult with an attorney before...more

BakerHostetler

The Room Where It Happens: The Autonomy of the Hospital Ethics Committees Post-Dobbs

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Since the issuance of the Dobbs decision, there’s been significant discussion by lawyers, philosophers, healthcare providers and political leaders. The ruling has created uncertainty and confusion for those working in the...more

BakerHostetler

Post-Roe Criminal Implications for Multi-State Entities

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The U.S. Supreme Court’s decision in Dobbs, State Health Officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organization, et al. has created profound uncertainty for individuals and entities...more

Quarles & Brady LLP

High Court Rules “State of Mind” Relevant in Prosecuting Prescribers under the Controlled Substance Act

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Last week the Supreme Court ("the Court") released a decision holding that the Federal Controlled Substance Act (the "Act") provision that criminalizes the dispensing of a controlled substance “except as authorized” includes...more

Akerman LLP - Health Law Rx

SCOTUS May Resolve Circuit Split on the Specificity Required of False Claims Act Claims: Relief or More FCA Grief for Providers?

Currently, providers have different risks of potential False Claims Act (“FCA”) liability depending on where they are geographically located due to the difference in the standards required by the U.S. Courts of Appeals...more

Bass, Berry & Sims PLC

How to Conduct an Effective Internal Investigation

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In recent years, the federal government has been particularly aggressive in pursuing civil and criminal enforcement against healthcare entities. Given the highly regulated nature of the field and the ever present risk of...more

Hendershot Cowart P.C.

Common Medical Lab Referral & Compensation Arrangements Could Lead to Criminal Charges

Hendershot Cowart P.C. on

EKRA stands for the Eliminating Kickbacks in Recovery Act, and it has become a prominent enforcement tool against fraud in the healthcare and medical testing industries. Although the law was developed in 2018 to help combat...more

Oberheiden P.C.

6 Frequently Asked Questions with Lab Defense Attorney Nick Oberheiden

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Clinical laboratories have come under increased scrutiny in the past few years, especially those that deal with COVID-19 testing or drug testing. These federal investigations can be surprising and confusing for lab...more

Oberheiden P.C.

Federal Government Targets Providers Administering Amniotic Injections

Oberheiden P.C. on

The federal government has recently made clear its intention to go after healthcare providers who provide amniotic injections to certain Medicare and Medicaid recipients. Over recent years, the federal government has...more

Oberheiden P.C.

Seven Points to be Aware of for Durable Medical Equipment Company Compliance

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Durable medical equipment (DME) is particularly important for many Medicare beneficiaries. However, companies that manufacture and sell DME need to be careful because there are strict federal regulations outlining almost...more

Tucker Arensberg, P.C.

Medical Practices Face Liability for COVID Accelerated and Advance Payments and PPP Loans

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Medical practices are now beginning to encounter Medicare payment claw backs by CMS for COVID Accelerated and Advanced Payments (CAAP) and Department of Justice (DOJ) prosecution for Paycheck Protection Program (PPP) abuses. ...more

Bricker Graydon LLP

Court upholds Ohio law criminalizing physician participation in abortions based on Down syndrome

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A federal appeals court issued a decision on April 13, 2021, upholding an Ohio law that prohibits providers from performing abortions based on a fetal diagnosis of Down syndrome, or on the possibility of a diagnosis. ...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Oberheiden P.C.

EKRA Rules, Regulations & Compliance: 5 Tips that Health Care Providers Need to Know

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Most health care providers have at least a basic understanding of the Anti-Kickback Statute. This federal law prohibits providers from offering, paying, soliciting, or accepting any form of “remuneration” for patient...more

American Conference Institute (ACI)

[Virtual Event] 2nd National Forum on COVID-19 Liability for Long-Term Care and Senior Care Providers - February 2nd, 8:30 am -...

Join key industry stakeholders for a state of the union on COVID-19 related lawsuits, and an assessment of causes of action & defense preparation strategies. ACI’s 2nd National Forum COVID-19 Liability for Long-Term Care...more

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