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Physician Law Blog

We provide insights and analysis for physicians, nurses, chiropractors, dentists, physical therapists and other health professionals on issues impacting their practices.

Physician Law Blog
April 30, 2015

Happy HIPAA Thursday - Paper Records Count too!

Just ask Cornell Prescription Pharmacy about disposal of unshredded paper pharmacy records containing protected health information (PHI), and you will hear that this pharmacy paid $125,000 plus it has entered a Resolution Agreement with the OCR. Not only is this pharmacy paying a significant penalty, it will be under a corrective action plan to correct deficiencies in their HIPAA compliance program and must submit the members of their workforce to receive training on that program within 30 days of implementing the policies and procedures.

Physician Law Blog
April 24, 2014

Another False Claims Act Settlement for HEAT - Amedisys Inc. agrees to pay $150M

The Department of Justice announced a False Claims Act settlement where Amedisys agreed to pay $150 million and will be bound by a Corporate Integrity Agreement as a result of alleged improper financial relationships and false billing. The settlement resolves seven qui tam (whistleblower) lawsuits brought primarily from former Amedisys employees. The whistleblowers will collectively split over $26 million from the settlement. Among the claims alleged were that Amedisys billed Medicare for services to ineligible patients by misrepresenting patients’ conditions to increase its Medicare billings as well as maintaining improper relationships with referring physicians. This settlement is an achievement for HEAT, the Health Care Fraud Prevention and Enforcement Action Team initiative announced in 2009, which continues to combat health care fraud having recovered more than $19.2 billion through False Claims Act cases, with more than $13.6 billion recovered in cases involving fraud against federal health care programs.

Physician Law Blog
February 13, 2014

Anti-Kickback Law is serious - DaVita to pay $389 million to settle anti-kickback claims

DaVita HealthCare Partners said it will pay $389 million to settle criminal and civil anti-kickback investigations and plans to end joint ventures with kidney doctors involving 28 dialysis clinics. A statement DaVita released Tuesday said the settlement will include payment of about $389 million, the appointment of an independent compliance monitor and new restrictions on some of the joint ventures it has reached with nephrologists. The company also said it will enter into a corporate integrity agreement, a standard practice in such settlements.