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Articles Posted in Health Law

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Hospital Employment of Surgeons on the Rise

It seems like every ten years or so the pendulum swings towards or away from physicians seeking employment from hospitals as opposed to heading off on their own or joining existing private physician practices. Over the last few years, the pendulum has swung towards hospital employment. A number of factors…

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CMS Releases Contractor Guidance on Applying the MPPR to Advanced Imaging Services Provided by Group Practices

On December 13, 2012, the Centers for Medicare and Medicaid Services (“CMS”) released Transmittal 1104. This Transmittal is a one-time update that provides guidance to contractors on applying the Multiple Procedure Payment Reduction (“MPPR”) to advanced imaging services provided for one beneficiary during one session by multiple providers in the…

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PTA in Detroit Sentenced to 30 Months for Her Role in Multi-Million Dollar Home Health Care Fraud

On December 11, 2012, Hetal Barot, a physical therapy assistant from Westland, Michigan, was sentenced today to serve 30 months in prison followed by 2 years of supervised release after pleading guilty to 1 count of conspiracy to commit health care fraud. She was also ordered to pay $1,336,739 in…

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Abby Pendleton, Esq. and Adrienne Dresevic, Esq. Interviewed and Featured in Motion Magazine’s article, “In Good Health”

Abby Pendleton, Esq. and Adrienne Dresevic, Esq. were interviewed and featured in the December 4, 2012 issue of Motion Magazine in an article titled, “In Good Health”. The article notes that: the firm’s upward trajectory can be traced, in part, to a “strategic decision” to focus on complex health care…

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CMS Releases Report on Recovery Audit Statistics

CMS has posted on its website the latest RAC statistics. The statistics for the 4th quarter of FY 2012 show CMS collected $648 million in alleged overpayments and returned $46.5 million in underpayments. CMS’ report on the total amounts collected and returned from October 1, 2009 through September 30, 2012,…

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2 Brooklyn Physicians Pay the Price for Medicare Fraud

On Monday, December 10, 2012, Boris Sachakov, MD, a colorectal surgeon, was sentenced to serve 30 months in prison for Medicare and private insurance fraud for billing for procedures such as hemorrhoidectomies that he never performed. On June 13, 2012, Dr. Sachakov was found guilty by a jury of one…

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Feds Collect Record Amount Under False Claims Act

Led by a record-breaking legal settlement with drugmaker GlaxoSmithKline, federal collections from civil False Claims Act prosecutions and settlements exceeded all previous years, topping $4.9 billion in the most recent fiscal year. The biggest single chunk–more than $3 billion–came from healthcare companies accused of defrauding Medicare and other government healthcare…

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AMA Issues Physician Employment Guidelines

On November 13, 2012, the American Medical Association (“AMA”) House of Delegates issued new guiding principles for physicians entering into employment and contractual arrangements. The six principles issued by the AMA are intended to provide physicians with guidance as to how to handle potentially problematic aspects of the employer-employee relationship…

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OFFICE OF INSPECTOR GENERAL OF THE US DEPARTMENT OF HEALTH AND HUMAN SERVICES REJECTS A REQUEST FOR WAIVER OF THE STARK LAW TO PERMIT SLEEP SPECIALISTS TO DISPENSE MEDICARE CPAP TO THEIR PATIENTS

The Office of Inspector General (“OIG“) has refused to grant a request that Boarded Sleep Physicians be permitted to dispense PAP therapy directly to their own Medicare patients. The OIG’s Semiannual Report to Congress for the period April 1, 2012 – September 30, 2012 (the “Report“) issued on November 27,…