In this time of COVID-19, you may be considering ways to deliver routine rheumatologic care via some form of telemedicine. Here are some of the legal considerations.
Proposed Changes May Loosen Federal Fraud & Abuse Laws
The Stark law and the Anti-Kickback Statute (AKS) are the U.S. healthcare system’s primary fraud and abuse laws, and highly anticipated proposed reform plans from the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) were finally unveiled on Oct. 17, 2019. The proposed reforms would 1) clarify certain requirements…
How to Work with Sales & Marketing Representatives in Your Practice
Sales and marketing representatives can add tremendous value to your practice: They can generate consistent business by leveraging contacts who have services that can be referred to your practice. However, the services a sales and marketing representative provides are subject to significant scrutiny under the federal Anti-Kickback Statute and state equivalents. For this reason, the…
U.S. Accuses CVS of Defrauding Medicare over Prescriptions
NEW YORK, Dec 17 (Reuters)—CVS Health Corp. and its Omnicare unit were sued on Tuesday by the U.S. government, which accused them of fraudulently billing Medicare and Medicaid for hundreds of thousands of drugs without valid prescriptions. The U.S. Department of Justice joined two whistleblower lawsuits accusing Omnicare of failing to obtain new prescriptions from…
Legal Updates: Tips for Protecting Your Patients’ Health Information
In the daily shuffle of evaluating patients and focusing on the delivery of high-quality patient care, the importance of protecting patient information may get overlooked. Human error is just one possible way patient information can be compromised. Cybersecurity attacks are becoming more numerous and sophisticated every day, with the number of patient records compromised increasing….
Are Opioid Contracts Helpful or Harmful?
The opioid epidemic in the U.S. has destroyed thousands of lives and torn families apart. According to the Centers for Disease Control and Prevention, an average of 130 people in the U.S. die each day from an opioid overdose. From 1999 to 2017, more than 700,000 died as a result of drug overdoses. In 2017,…
U.S. Supreme Court Tosses Ruling Against Merck on Fosamax Osteoporosis Drug
WASHINGTON (Reuters)—On May 20, the U.S. Supreme Court threw out a lower court ruling that had revived hundreds of lawsuits accusing Merck & Co. of failing to properly warn patients of debilitating thigh-bone fractures as a result of taking its osteoporosis drug alendronic acid (Fosamax). The nine justices unanimously directed the Philadelphia-based 3rd U.S. Circuit…
Employment Agreement Considerations for a New Practitioner
You are a new practitioner, ready to begin your first job, one for which you’ve been preparing for years. Your prospective employer gives you an agreement that outlines your compensation, scope of work, requirements and benefits. You are eager to start your new assignment, and you want to sign this document quickly to make your…
Ethics Forum: Patient Safety at Home—What Are Our Legal & Ethical Responsibilities?
A 60-year-old woman with a six-month history of retroperitoneal fibrosis transfers her care to you. She initially presented with severe bilateral flank pain radiating to the abdomen and chest. A computerized tomography (CT) angiogram of the abdomen demonstrated an infrarenal abdominal aortic aneurysm surrounded by a thick inflammatory rind entangling the left renal vein and…
Kentucky Launches Probe into Drug Overcharges by Pharmacy Benefit Managers
(Reuters)—Kentucky Attorney General Andy Beshear said on Thursday he had launched an investigation into allegations that pharmacy benefit managers (PBMs) had overcharged state health insurance programs for drugs and discriminated against independent pharmacies. The investigation comes against the backdrop of widespread criticism of rising costs of prescription medicines in the United States, with PBMs, middlemen…
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