Legal and practical healthcare information.
A summary of the article “A Review of Key 2018 False Claims Act Recoveries and Developments,” which first appeared in Physicians Practice. In December, the Department of Justice announced that it recovered more than $2.8 billion in False Claims Act judgments and settlements for fiscal year 2018. The largest settlements involved pharmaceutical companies: AmerisourceBergen Corporation, …
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When your resident first expresses a desire to leave against medical advice (“AMA”), take it seriously. Step 1: Verbal Prevention Your first line of defense to ensure your resident’s wellbeing (and consequently, to reduce your risk of liability) is prevention – attempt to understand, to the extent possible, the reason for the resident’s desire or …
Healthcare providers balance their time and resources between providing the best possible care to patients and keeping up with their ever-changing regulatory landscape. Providers are often at the mercy of the federal and state agencies that administer healthcare programs, which have significant discretion in interpreting statutes, promulgating rules and guidance that implement those statutes, and …
Continue reading “Want to Challenge a Government Agency Decision? Three Key Takeaways to Consider”
48,000 Americans were lost to opioid overdoses in 2017. Michigan opioid-related deaths and overdoses rank 18th-highest in the nation. Over the last year, significant attention was dedicated toward combating this widespread issue on both a Federal and State Level. Michigan Recently enacted Michigan opioid laws were executed with the intent to save lives and decrease …
Continue reading “Recent Efforts to Tame the Opioid Epidemic”
In early August, the Internal Revenue Service (IRS) issued proposed regulations that provide guidance to owners of pass-through businesses as to eligibility for a federal tax deduction of 20% of the income generated by the businesses. This deduction was part of the Tax Cuts and Jobs Act (TCJA). Although the stated purpose of the proposed …
It’s no secret that the United States is battling an opioid epidemic. As relevant for our Phoenix practice, in Arizona, Governor Ducey declared a State of Emergency on June 5, 2017 which led to the passing of emergency regulations, effective March 6, 2018, and the Opioid Epidemic Act of 2018, most of the provisions of …
Continue reading “Before you draft an opioid policy, read this”
Conflicts between a benefit plan Summary Plan Description and a plan document are an ever-present concern for plan sponsors. An aggrieved participant who relies on SPD language will often pursue a claim for benefits even though he/she is not entitled to the benefit under the plain terms of the plan document. This problem is illustrated …
As another year of medical residency registration begins across the U.S., J-1 physicians in their final year of training find themselves at a critical crossroads: they can return to their respective home countries at the conclusion of their training, as required by Section 212(e) of the Immigration and Nationality Act (INA), or they can attempt …
Continue reading “J-1 Conrad Waivers: Should I Stay or Should I Go?”
Updated as of December 2018 With the ever-growing opioid crisis and the President’s call to action to address that crisis particularly through the signing of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act, P.L. 115-271 in October, 2018 , primary …
Continue reading “HIPAA, the Opioid Crisis and the Role of Part 2”
In Danny P. v. Catholic Health Initiatives, 891 F.3d 1155 (9th Cir. 2018), the Ninth Circuit clarified the full extent of the “parity” required in the federal mental health parity law1 which has been in place since 2008. The Case In Danny P., the Ninth Circuit held that a particular group health plan (the Catholic …
Continue reading “Mental Health Parity Really Does Mean Equal Benefits”