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Legal Updates

CMS Relaxes Telehealth Restrictions

From the College  |  March 18, 2020

President Trump announced that CMS will broaden access to telehealth services during the COVID-19 pandemic. The CMS published a fact sheet outlining the types of visits that will be covered, the providers eligible to use the expanded services and coding considerations. The ACR is working with other specialty societies and the AMA to provide additional…

The Doctor Will See You Now: Legal & Regulatory Reforms Expand Telemedicine

Steven M. Harris, Esq.  |  March 17, 2020

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

Steven M. Harris, Esq.  |  February 13, 2020

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

Steven M. Harris, Esq.  |  January 17, 2020

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

Jonathan Stempel  |  December 18, 2019

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…

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Legal Updates: Tips for Protecting Your Patients’ Health Information

Steven M. Harris, Esq.  |  December 18, 2019

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?

Steven M. Harris, Esq.  |  October 18, 2019

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

Andrew Chung  |  May 22, 2019

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

Steven M. Harris, Esq.  |  May 17, 2019

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?

Sarah F. Keller, MD, & Marcy B. Bolster, MD  |  April 15, 2019

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…

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