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It's Winter Time and Flurries of Subpoenas Are Flying on Medicare and Medicaid Cases

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Here it is: the New Year.  We all want to start it off on the right foot, with bills from last year paid and realistic resolutions made.  Then comes a knock on the door, or a certified letter, and it blows you away like the down of a thistle.  You've received your first subpoena of the year. Happy New Year! But don't worry, you are not alone.  From the calls we have received...

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George F. Indest III 1/12/2015 Comments(0)

CMS Proposes Equal Rights Changes to Same-Sex Couples

By Lance O. Leider, J.D., The Health Law Firm Under a new proposed rule hospitals and other health care facilities would have to give equal rights to the spouse of same sex and straight patients as long as the marriages are legal somewhere in the country. The Centers for Medicare and Medicaid Services CMS issued the proposed rule broadening the definition of "representative" and "spouse" in its Medicare and Medicaid conditions of participation and conditions of coverage. This rule is in response...

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12/24/2014 Comments(0)

Hey Health Care Professionals, Why Can't We Be Friends?!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This past year our firm has attended more medical industry events than ever before. Needless to say, our law firm table is not the most popular hangout spot. If we had a penny for every time we have heard "Yikes, an attorney! I hope I never need you." we could close our doors and all retire. The feeling is akin to being the last kid picked in gym class. So we ask ourselves: why are we attorneys...

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George F. Indest III 12/22/2014 Comments(0)

CMS Expands Medicare's Authority to Deny and Terminate Physicians and Other Providers-Why This Matters

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Stop me if you've heard this one before: the Centers for Medicare and Medicaid Services CMS recently increased Medicare's authority over physicians and other health care providers. On December 3, 2014, CMS released these new anti-fraud measures. This matters to physicians and health care providers because Medicare now maintains the authority to deny or revoke the enrollment of medical providers for man...

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George F. Indest III 12/11/2014 Comments(0)

Office of Inspector General Work Plan 2015: A Provider's Overview-Part 2

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, R.R.T., J.D., Board Certified by The Florida Bar in Health Law An ounce of prevention is worth a pound of cure. Through the 2015 Office of the Inspector General OIG Work Plan, the agency has revealed how it plans to carry out its mission to ensure the Medicare and Medicaid programs run more efficiently in the 2015 fiscal year. As a health care provider, knowing the ins and outs of...

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George F. Indest III and Michael L. Smith 11/24/2014 Comments(0)

Office of Inspector General Work Plan 2015: A Provider's Overview-Part 1

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, R.R.T., J.D., Board Certified by The Florida Bar in Health Law Each new fiscal year, the Office of the Inspector General OIG Department of Health and Human Services HHS releases its annual Work Plan.  This Work Plan is the general overview of how the OIG intends to carry out its mission to make the Medicare and Medicaid programs run more smoothly and efficiently in the follow...

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George F. Indest III and Michael L. Smith 11/21/2014 Comments(0)

IRS Beefs Up Whistle-blower Awards Program

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Internal Revenue Service IRS is hoping that a change in the law and the possibility of a big payout will encourage more whistle-blowers snitching to authorities. Few people are aware of this program. The IRS issued brand new regulations for its own whistle-blower program in August 2012. These were written to recruit more whistle-blowing moles to help flush out financial fraud. The biggest differenc...

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George F. Indest III 11/17/2014 Comments(0)

Failure to Comply With HIPAA Can Result in Both Civil and Criminal Penalties

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Even though a violation of the Health Insurance Portability and Accountability Act HIPAA Privacy and Security provisions does not allow a private civil cause of action, it does carry civil and criminal penalties. Anyone who is a health care professional or facility, or deals with a health care professional or facility, should be aware of these legal provisions. Criminal Penalties for HIPAA Violations. ...

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George F. Indest III 11/11/2014 Comments(0)

Medicare Providers: Make Sure Medicare Has Your Correct Address; Make Sure You Complete CMS Forms 855I Correctly

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are constantly consulted by and retained to represent physicians, medical groups, pharmacies, durable medical equipment DME distributors and other Medicare providers on issues relating to deficiencies from site visits and inspections by Medicare contractors and on notices of termination of Medicare billing privileges. Results of Termination from the Medicare Program. These are extremely serious issu...

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George F. Indest III 10/29/2014 Comments(0)

Supreme Court Scrutinizes Dentist Regulating Dentists - Ruling Could Affect Other Regulatory Boards

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar         in Health Law The United States Supreme Court is currently hearing arguments in North Carolina Board of Dental Examiners v. Federal Trade Commission . The justices will determine whether professional regulatory boards should be exempt from federal antitrust laws and thus be allowed to eliminate low-cost competitors. This case will also decide whether U.S. states can delegate the...

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George F. Indest III 10/22/2014 Comments(1)