Legal and practical healthcare information.
Originally published in Healthcare Michigan, Volume 41, No. 6 It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is at the center of it. These efforts started in December 2023 when the Federal Trade Commission (the “FTC” or “Commission”) and Antitrust …
Continue reading “Ramping Up: Antitrust Enforcement in Health Care”
Originally published in Healthcare Michigan, Volume 41, No. 5 My prior article addressed tax issues in repurchasing equity in physicians and other practice groups. This article provides information about drafting buy-sell agreements for practice entities that include provisions for repurchasing equity from owners. These agreements limit an owner’s ability to transfer equity and require its sale …
Continue reading “Practice Buy-Sell Agreements: Drafters Beware”
Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care professionals and organizations. This article encapsulates the insights from that conversation. Understanding Noncompete Agreements Noncompete agreements have long been a fixture …
Continue reading “Navigating Noncompetes in Health Care: Understanding the FTC’s Impact”
Originally published in Healthcare Michigan, Volume 41, No. 4 The Food and Drug Administration (FDA) regulates foods and beverages, drugs and medical devices, biologics, dietary supplements, tobacco products, veterinary products, and cosmetics. Although these various product categories may appear to be clearly cut, the fact of the matter is that a product can very easily cross …
Originally published in Healthcare Michigan, Volume 41, No. 3 The Families First Coronavirus Response Act (FFCRA) was enacted in March 2020 as part of the government’s response to the COVID-19 pandemic. The FFCRA, among other things, provided funds for diagnostic testing and services for people without insurance for COVID-19. These funds were distributed through the …
Continue reading “Providers Face Government Scrutiny Over COVID Coverage For Uninsured”
The government is continuing to take a close look at laboratory testing in the wake of the COVID-19 pandemic. On February 21, 2024, a federal grand jury in New Jersey issued a superseding indictment against a New York physician. The indictment claims the physician committed healthcare fraud and conspired to defraud the United States by …
Continue reading “NY Doctor Indicted for Medicare Fraud Related to Genetic Testing and Equipment”
It is no secret that protected health information (or “PHI”) is more and more at risk for cybersecurity attacks. In 2022 (the most recent year this statistic is available), the Department for Health and Human Services Office for Civil Rights (“OCR”) received over 30,000 new complaints alleging violations of HIPAA and, in addition to other …
Continue reading “How Did They Get My Protected Health Information?”
Prior to the COVID-19 public health emergency (“PHE”), the federal Ryan Haight Act allowed a provider to prescribe controlled substance medications to a patient only after conducting an in-person evaluation of that patient (with limited exceptions). At the beginning of the PHE, the Drug Enforcement Agency (“DEA”) granted temporary exceptions to the in-person requirement and …
Continue reading “Telehealth Update: Controlled Substances & E/M Claims”
Originally published in Healthcare Michigan, Volume 41, No. 2 The United States Department of Justice (“DOJ”) and state law enforcement agencies have robust teams investigating and prosecuting health care fraud. Law enforcement often uses advanced data analytics and algorithmic methods to identify newly emerging health care fraud schemes. DOJ also employs nine regional strike forces located …
Continue reading “6 Key Steps to Respond to a Health Care Investigation (and Related Issues)”
Originally published in Healthcare Michigan, Volume 41, No. 1 Recently, the president of the American Medical Association, Jesse M. Ehrenfeld, MD, stated in a national address that the physician shortage long-feared is here and that “It’s an urgent crisis…hitting every corner of this country—urban and rural—with the most direct impacting hitting families with high needs and limited …
Continue reading “A State-Based Cure – Interested Government Agency J-1 Waivers for Physicians”