Call: (407) 331-6620 or (850) 439-1001
Toll-free: (888) 331-6620
1. The form CMS-855 or PECOS certification statement is unsigned; is undated; contains a copied or stamped signature; or for the paper form CMS-855I and form CMS-855O submissions, someone other than the physician or non-physician practitioner signed the form.
2. The submitted paper application is an outdated version.
3. The applicant failed to submit all of the forms needed to process a reassignment package within 15 calendar days of receipt.
4. The form CMS-855 was completed in pencil.
5. The wrong application was submitted (for example: a form CMS-855B was submitted for Part A enrollment).
6. If a web-generated application is submitted, it does not appear to have been downloaded from the CMS website.
7. The healthcare provider sent in an application or PECOS certification statement via fax or e-mail when he/she was not otherwise permitted to do so.
8. The healthcare provider failed to submit an application fee (if applicable).
1. Be prepared. The DEA will always make a showing of force, with multiple agents, flashing badges and guns. The actual experience is calculated to surprise so that you are unprepared to rationally think about what you should do.
2. Verify that your staff knows that no one is authorized to release records except the owner.
3. Call your attorneys as soon as the DEA walks in. You and your staff should have the contact information for your attorney, including cell phone numbers for weekends and after hours.
4. Do not allow the DEA to get you alone.
5. Get the names and business cards from all DEA personnel present.
6. If you are not present, be sure your staff knows to call you and your attorney right away.
7. Tell the DEA agents that you must speak with your attorney prior to speaking with the them. Have a witness to this if you can.
8. Do not make any decision until you speak with your attorney.
9. If a DEA agent states that you do not have the right to speak to your attorney first, this is not true.
10. DEA agents may say that unless you sign a voluntary relinquishment of your DEA number you will be arrested and prosecuted. Usually, this is a bluff.
11. Never voluntarily relinquish your DEA registration. Once it’s gone, it’s gone.
12. Be aware of the consequences of not having a DEA registration. A physician will be unable to write most prescriptions, will lose hospital and nursing home clinical privileges, and will be terminated from most health insurance panels. A pharmacist or pharmacy will be terminated from most insurance panels and may also have an investigation commenced against its license. You may also be excluded from Medicare and Medicaid.
13. If given the choice between voluntarily giving up your DEA registration and being arrested, you should select being arrested. I doubt this will actually happen, but then you have a good chance at winning.
14. If the DEA attempts to take your original records, ask to see a search warrant. The DEA is not legally authorized to seize and take any property without one. You could offer to make a copy and send the copy to them later, but you should object to providing your original records you are required to keep.
15. Obtain a detailed, itemized written receipt for anything taken (even copies) by the DEA.
– Segregate your employees’ financial and bookkeeping duties. The same employee that collects payments should not be taking the deposits to the bank;
– The employee that pays the bills should not be opening the mail;
– Eliminate both signature stamps AND petty cash;
– Direct all billing related mail to a lockbox or your private home address;
– Do not allow employee access to patient credit card numbers and company credit cards;
– Have a security code installed on your merchant terminal for refunds;
– Have an independent certified public accountant (CPA) do random audits;
– Comprehensively review and compare accounting materials such as billing statements, time sheets, receipts, deposits, and all other entities involved in the monetary running of your office. Look for unusual patterns or discrepancies.
Main Office • 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL, 32714
By Appointment • 37 N. Orange Ave., Suite 500, Orlando, FL 32801
By Appointment • 201 E. Government St., Pensacola, FL 32502 • Telephone: (407) 331-6620 & (850) 439-1001 • Telefax: (407) 331-3030
Medicare/Medicaid Audits, Health Care Law, Contracts, Hospital Privileges Hearings, Investigations, DEA Defense, Board of Medicine Defense, Fraud Defense, Administrative Hearings, PRN, IPN, Professional Licensing, Medicare/Medicaid Fraud Defense, Nursing Law, Compliance Plans, Hospital Law, Board of Dentistry, Board of Nursing, Board of Pharmacy, Board of Psychology, White Collar Crime, Pain Management and Pain Medicine Physician Defense, Pain Management Clinic Defense, Zone Program Integrity Contractor (ZPIC) Audit Defense, Recovery Audit Contractor (RAC) Audit Defense, Medicaid Fraud Control Unit (MFCU) Defense, Search Warrant and Subpoena Defense, Board of Psychology Defense, NBME Representation, U.S.M.L.E. Challenges, ABIM Representation, Medical Exam Cheating Defense…and more
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The Health Law Firm logo shown above is a registered Service Mark of George F. Indest III, P.A. – The Health Law Firm, since 2007.
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