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Health Law Attorney Blog

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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,…

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OIG Releases Semi-Annual Report on Recovery Audits and Investigations

Washington, DC – The Department of Health & Human Services (HHS) Office of Inspector General (OIG) today announced expected recoveries of about $6.9 billion from audits and investigations in its semi-annual report to Congress. The report focuses on OIG accomplishments for the second half of FY 2012 (April 1, 2012…

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Government Announces Changes to Medicare Premiums and Deductibles for 2013

The U.S. Department of Health and Human Services recently announced that Medicare Part B premiums (i.e., for physician services, outpatient hospital and durable medical equipment) will rise in 2013 by 5%–to $104.90 a month. The deductible for Part B services will increase from $140 in 2012 to $147 in 2013.…

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Converting to Concierge Medicine: Considerations to Ponder Before Making the Transition

More and more physicians are changing from their traditional office-based medical practices to other models of practice that offer them a better quality of life and/or more stable income. One such model is concierge medicine (also known as boutique or retainer medicine). In this model, the physician limits his patient…