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August 27, 2012, Marks the Start Date of the CMS Recovery Audit Prepayment Review (RAPR)

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 31, 2012, the Centers for Medicare and Medicaid Services (CMS) announced on its website that hospitals should brace themselves for prepayment audits beginning August 27, 2012.

The CMS originally announced the Recovery Audit Prepayment Review (RAPR) Demonstration Project in November of 2011 for a January 1, 2012 start date, then delayed it to June 1, 2012, then again to, “summer of 2012.”

To see the official announcement from the CMS, click here.

Recovery Audit Contractors (RACs) will Review Claims with High Rates of Improper Billing.

[…]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|In the Know, In the News, Medicaid, Medicaid audit, Medicare, Medicare Audit, The Health Law Firm Blog|

July Issue of Medical Economics Features Article by George F. Indest III

By Cori Pope, The Health Law Firm

The July 25, 2012, issue of Medical Economics features an article written by George F. Indest III, President and Managing Partner of The Health Law Firm. The article, “Beware Legal Ramifications of Unnecessary Tests,” discusses lists that were recently released by nine medical specialty societies on medical tests and procedures patients and physicians should question or avoid.

What Patients and Doctors Need to Know about These Lists.

In the article Mr. Indest provides his insights into what these lists of questionable procedures may mean for patients and doctors.

Patients now have access to some of the same […]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|Health Care Industry, In the Know, In the News, The Health Law Firm Blog|

Consequences of Clinical Research Fraud and Misconduct

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law and Medical

Medical and clinical researchers, whether in an academic community or in a practice setting, spend years on clinical trials and investigations in hopes of contributing to their respective fields. Many of these researchers, however, find themselves defending their reputation after being accused of research fraud or research misconduct.

Why Researchers are Accused of Misconduct.
Although accusations of research fraud and misconduct have been present for decades, the number of complaints is on the rise, […]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|In the Know, Medical Research, The Health Law Firm Blog|

Excess Readmissions Mean Lower Medicare Reimbursement Rates for More than 2,000 Hospitals, Including 131 in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Lower Medicare reimbursement rates are coming in October of 2012, to 2,211 hospitals around the country, including 131 in Florida. This is allegedly due to excessive readmission rates in these hospitals between July 2008 and June 2011, according to the Centers for Medicare and Medicaid Services (CMS). This story was originally reported by Kaiser Health News on August 13, 2012, and by other sources.

Starting in October 2012, Millions of Dollars in Penalties will be Deducted from […]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|In the Know, Medicare, The Health Law Firm Blog|

California and Colorado Certified Registered Nurse Anesthetists (CRNAs) Can Administer Anesthesia Without the Supervision of a Physician

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Recently, courts in both California and Colorado ruled that Certified Registered Nurse Anesthetists (CRNAs) are now allowed to independently administer anesthesia to patients without the supervision of a physician. In California, the decision came from the First District Court of Appeals on March 15, 2012. In Colorado, an appeals court allowed the same practice on July 19, 2012.

A recent article in American Medical News (AMN) summarizes these cases. To see the entire article, click here.

Cases Come from a Decision Made by Governors to Opt Out […]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|Health Care Industry, In the Know, Nurses, The Health Law Firm Blog|

Nurses Take a Look at This Disciplinary Action Database

By Christopher E. Brown, J.D.

Nurses, did you know the National Council of State Boards of Nursing (NCSBN) maintains a database of all state disciplinary actions? This database, called Licensure QuickConfirm, lists all disciplinary actions from the Florida Board of Nursing and forty-six (46) other state boards. It is frequently used by hospitals and medical groups to screen potential employees.

To search the Licensure QuickConfirm list, click here.

The Boards of Nursing Supply Information to Database.

According to the website, all information listed on the database comes directly from the boards of nursing. A report will contain:

– the nurse’s name, – licensed jurisdiction,[…]

By The Health Law Firm|2024-03-14T10:00:35-04:00June 1, 2018|In the Know, Nurses, The Health Law Firm Blog|

Whistleblower Lawsuit Alleges Florida Adventist Hospitals Overbilled Millions of Dollars

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A whistleblower lawsuit based on information from a former Florida Hospital Orlando billing employee and a former staff physician alleges that seven of Adventist’s Florida hospitals overbilled the federal government between 1995 and 2009, resulting in tens of millions of dollars in false or padded medical claims, according to an article in the Orlando Sentinel and other sources.

To read the entire False Claims Act complaint filed, click here.

Hospital Allegedly Used Improper Coding to Overbill Medicare, Medicaid and Tricare.

The suit claims that seven Adventist Florida hospitals […]

By The Health Law Firm|2024-03-14T10:00:35-04:00June 1, 2018|In the Know, In the News, Medicaid audit, Medicare, The Health Law Firm Blog, Whistleblower|

MedVance Institute Must Retrain Students and Donate Direct Scholarships to Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Joanne Kenna, J.D., R.N.

MedVance Institute, which is a healthcare training school with four Florida campuses, reached an agreement with the Florida Office of the Attorney General (AG) on June 13, 2012. MedVance was alleged to have made misleading marketing claims to students. Under the agreement, the for-profit college is required to offer retraining to eligible students who attended specific programs between January 1, 2008, and March 31, 2012, at no cost. MedVance also agreed to direct $600,000 to Florida scholarships.

MedVance Institute has campuses in Fort Lauderdale, Miami, […]

By The Health Law Firm|2024-03-14T10:00:35-04:00June 1, 2018|In the Know, In the News, Medical Student, The Health Law Firm Blog|

Drug Enforcement Agency (DEA) Blocks Shipping of Controlled Substances at Walgreens Distribution Center in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On September 14, 2012, the Drug Enforcement Agency (DEA) blocked the Walgreens distribution center in Jupiter, Florida, from shipping oxycodone and other controlled drugs to its pharmacies in Florida and the East Coast with an immediate suspension order, according to the DEA. In the press release, the DEA called the Walgreens distribution facility an “imminent danger” to the public.

To see the entire press release from the DEA, click here.

Back in April 2012, the DEA served an administrative inspection warrant at the same […]

By The Health Law Firm|2024-03-14T10:00:35-04:00June 1, 2018|In the Know, In the News, Pain Management, Pharmaceutical Drugs, The Health Law Firm Blog|

Florida Suspends 81 Massage Therapists’ Licenses

By Joanne Kenna, J.D., R.N., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

According to a number of sources, state authorities have announced the suspension of more than 80 massage therapists’ licenses, who appear to have fraudulently obtained their licenses with the help of a Florida College of Natural Health employee. On September 19, 2012, 81 emergency suspension orders (ESOs) were signed, suspending the licenses of massage therapists who are part of ongoing investigations.

To see the entire press release from the Florida governor’s office, click here.

Investigation Found More Than 200 Therapists Obtained Their Licenses Fraudulently.

According to the Tampa Bay Times, earlier […]

By The Health Law Firm|2024-03-14T10:00:35-04:00June 1, 2018|In the Know, In the News, Massage Therapy, The Health Law Firm Blog|