Regulatory Issues | Privacy | Other

Looking a Gift Horse in the Mouth (or how to deal with holiday gifts)

(December 8, 2015): Last month we discussed performing audits in your practice. With the winter holidays just around the corner, we are going to take a detour from our process through establishing a compliance program. November, December, January and February bring many holidays and parties. These are usually an opportunity for happiness and cheer, but …

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Cell Tower Ground Lease Renewals and Purchases

(September 15, 2015): A landowner/ground lessor considering a renewal or easement buyout of his cell tower lease is making a MAJOR financial decision. As a businessman (or woman), you understand that. You may also realize that information about what’s “market rent” or “market price” is hard to come by. Your operator is likely one of …

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False Claim Act Whistleblower Cases Are Rising

(March 3, 2015): The federal False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733 is the primary civil enforcement tool utilized by the U.S. Department of Justice (DOJ). Enacted in 1863, this Civil War era statute was passed by Congress in an effort to address the fraudulent acts of government contractors providing goods and …

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The HIPAA / HITECH Omnibus Final Rule is Here! Is Your Health Care Organization Complying with the Rules?

(September 23, 2013):  Effective today, all covered entities and business associates must comply with the Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule. Please keep in mind, the Final Omnibus Rule is 138 pages long. If you have not already read these new requirements, we strongly recommend that all covered entities, business associates …

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Disability Discrimination Cases are Being Pursued by the Office of Civil Rights

(July 19, 2013):  Health care providers choosing to participate in Medicare, Medicaid and other Federal health benefits programs are obligated to comply with a wide range of statutory and regulatory requirements.  The primary issues most cited in connection with these obligations include those involving questions of medical necessity and / or coverage, coding and billing …

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“Under the Fifth Amendment, You Have the Right to Remain Silent.” Well. . . Maybe Not.

(July 3, 2013): Everyone reading this article is likely familiar with the phrase “You have the right to remain silent.”  In fact, a citizen’s right to remain silent is considered the cornerstone of an individual’s Fifth Amendment right against self-incrimination.  As you may recall, the Fifth Amendment to the Constitution provides: “No person shall be held …

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Record FCA Recoveries Were Collected by the Government in 2012

(February 12, 2013): The civil False Claims Act is the primary civil enforcement tool used by the U.S. Department of Justice.  As discussed below, the False Claims Act is an extraordinarily useful statute for government prosecutors, both in terms of ease of use and in terms of the damages which may be recovered by the …

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Peddling and Soliciting, Municipal Regulations These Issues Can be Complex. Is Your City Clear on These Points?

(January 8, 2013):  As a general rule cities can regulate hawking, canvassing, peddling and soliciting within city limits. International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 112 S. Ct. 2711, 120 L. Ed. 2d 541 (1992).  The public policy that allows cities to regulate peddlers or the solicitation of contributions is to prevent …

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Healthcare Cloud Computing – Compliance Risks

(August 14, 2012):  Cloud computing is in the process of revolutionizing the way that individuals and businesses store, receive, and use their data. You may have heard about it through companies such as Google, Apple, and Microsoft, all advertising sophisticated cloud computing services. But what are the risks your organization faces with respect to healthcare …

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