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The federal government chose to ease enforcement of certain regulations during the COVID-19 pandemic, but the Eliminating Kickbacks in Recovery Act (EKRA) was not one of them. This provision within the Substance Use-Disorder Prevention that Promotes Opioid Recovery...
The False Claims Act (FCA) is a federal law that provides accountability for anyone that submits false claims to the government. This law applies to any hospital or healthcare provider who submits claims for payment from Medicare or Medicaid, along with other...
It is important to take a notification of a formal board complaint and investigation seriously. Each state has its own local board that takes the lead in this process. The Texas Board of Nursing (the Board) is the regulatory body responsible for this process in Texas....
A group of Texas hospitals recently joined others from Florida, Georgia, Alabama, Tennessee, and other states where the United States Health and Human Services (HHS) did not expand Medicaid to demand payment. The hospitals state they did not receive payment for care...
The law is constantly evolving. Arguably, this is a good thing. In many cases this evolution helps to better ensure the laws remain relevant. However, in some cases the changes may cause more problems than they fix. That is the issue diagnostic labs are currently...
A recent case involved a physician who refused to enforce mask-wearing in a rural clinic. A local news station videotaped the physician at a rally stating that neither “he nor his staff would wear masks” when working. This was true even for those who experienced...
United States Attorney’s Offices throughout the country continue their aggressive pursuit of physicians and other medical professionals who fail to follow the regulations set out in the False Claims Act (FCA). The feds have found success, reportingly pursuing the...
The United States Department of Justice (DOJ) recently announced a settlement between the feds and a neurosurgeon. The neurosurgeon owned two medical device distributorships and was accused of the following: The feds state the accused used illegal kickbacks to...
There are circumstances that result in a surgeon needing to perform two procedures in one day. Unfortunately, unless certain criteria are met, the surgeon in this position could find themselves accused by the feds of fraudulent billing practices. Case example: OIG...
Older teens have more rights to make their own decisions when it comes to dental care. However, when it comes to prescribing opioids, the consent of an authorized adult is still often necessary. A dentist who prescribes opioids to a minor without consent could face...