Category Archives: Health Law

Employee of Hanford contractor pays nearly $125,000 to settle False Claims Act allegations

On August 7, an employee of Lockeed Martin Corp. agreed to pay $124,400 to settle allegations that he submitted inflated prices in connection with a contract for environmental rehabilitation at the Hanford, Washington, nuclear reservation. According to DOJ’s press release: The Justice Department announced today that Richard A. Olsen agreed to pay $124,440 to resolve claims that he violated the False Claims Act by submitting inflated prices in connection with a subcontract between Mission Support Alliance, LLC (MSA), a prime contractor at the Department of Energy (DOE) Hanford Nuclear Reservation, and Lockheed Martin Services, Inc. (LMSI), a subsidiary of Lockheed Martin Corporation (LMC).  LMSI provided services to MSA as well as other prime contractors assisting with environmental cleanup services at the Hanford site near Richland, Washington.  Mr. Olsen was an employee of LMC working for MSA.  LMC, through a subsidiary, was one of the owners of MSA.….. To continue reading this legal news please click Read full information...

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Do healthcare markups violate fee-splitting laws?

Healthcare Startup Wants to Make a Profit Without Violating Fee-Splitting Laws A telemedicine healthcare startup wants to create a profitable healthcare venture by connecting patients with medical doctors, and also getting a markup off of goods and services sold to patients. What’s wrong with this picture? Can the healthcare venture succeed, or will it face healthcare legal roadblocks (such as self-referral, Stark, anti-kickback, and fee-splitting issues at the outset)? Legal Issues with Markups: The Anti-Markup Rule Apart from anti-kickback prohibitions, one of the areas of legal concern here is the anti-markup rule. There is a federal anti-markup rule and there are also state anti-markup rules.  For example, on the federal side, see: Anti-Markup Rule – CMS.gov As Noridian, the Medicare carrier for California (among other states) says: The anti-markup payment limitation applies to diagnostic tests that were formerly referred to as ‘purchased diagnostic….. To continue reading this legal news please click Read full information...

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Bankrupt Medical Records Company Hit with $100,000 Penalty for HIPAA Violations

Filefax, Inc., a defunct Illinois medical records storage and management company, has been fined $100,000 for improperly handling medical data under an agreement with the court-appointed receiver managing the company’s assets on behalf of its creditors.  This settlement has implications for both service providers and their covered entity clients.  Fox Rothschild partners Elizabeth Litten and Michael Kline were quoted in an article by Marla Durben Hirsch entitled “Be prepared for HIPAA Issues if a business associate shuts down” in the August issue of Medical Practice Compliance Alert. As the HHS press release stated, the consequences for HIPAA violations don’t stop when a business closes.  In this case, Filefax had been under investigation by state and federal authorities since 2015 for careless handling of medical records which had been abandoned at a shredding facility.   Medical Practice Compliance Alert notes: This settlement….. To continue reading this legal news please click Read full information...

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Fiscal Year 2018 Cutoff Dates for Fee-for-Service Year-end Closeout Processing

Information Letter 18-08 &  No. 18-09 This letter announces several dates regarding  Fiscal Year 2018 Claims Processing for claims to be paid by the Texas Health and Human Services Commission (HHSC). August 24, 2018 by noon is the cutoff date for Home and Community-based Services Providers and Texas Home Living Providers . For all other agencies, providers and facilities listed below, the cutoff dates are as follows:  • Fiscal Year 2016 Miscellaneous Fee-for-Service (FFS) Claims Cutoff: Noon, Tuesday, August 14, 2018 • Fiscal Year 2018 FFS Claims Processing Cutoff: Noon, Tuesday, August 28, 2018. Click HERE for more details Adult Foster Care Providers Assisted Living Facilities Community Attendant Services Providers Community Living Assistance and Support Services Providers Consumer Managed Personal Attendant Services Providers Day Activity Home Services Providers Deaf Blind with Multiple Disabilities Providers Emergency Response….. To continue reading this legal news please click Read full information...

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"Medical marijuana laws and workplace fatalities in the United States"

The title of this post is the title of this notable new research article forthcoming in the October 2018 issue of the International Journal of Drug Policy. Here is its abstract: Aims The aim of this research was to determine the association between legalizing medical marijuana and workplace fatalities. Design…<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/mhSXst_80WA" height="1" width="1" alt=""/>.. To continue reading this legal news please click Read full information...

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