When the Centers for Medicare and Medicaid Services (CMS) identifies an overpayment, it views the overpayment as a debt owed by the practice or health care organization to the federal government. These alleged overpayments can happen for any number of reasons,...
Texas Health Care Law Blog
What can a home health provider do if their license lapses pending renewal?
The Texas Health and Human Services Commission recently released a letter to provide clarity on the role of the Health and Human Services Commission's (HHSC) Enforcement department's role in situations where a long-term care center’s license lapses pending the renewal...
Court gives defendants a tool to fight fines in FCA cases
Think False Claims Act (FCA) damage awards are getting out of hand? You are not alone. The Eleventh Circuit recently agreed to hear a case that questioned whether or not these cases could qualify for relief under the Eighth Amendment protections against excessive...
The DOJ just gave prosecution a big advantage in FCA cases
President Joe Biden’s Administration just gave its government attorneys a hammer to use when building False Claims Act (FCA) cases against medical providers throughout the country. The hammer comes in the form of a memo from Attorney General Merrick Garland. Attorney...
How can I resolve an investigation by the Texas Medical Board?
Any number of events can trigger an investigation by the Texas Medical Board (TMB). A co-worker may have filed a complaint because they thought they smelled alcohol on your breath, a patient may have claimed that you provided inappropriate post-operative care, or...
What should I know before I sell my pharmacy?
Pharmacy owners looking to sell their practice and move on to the next chapter of their lives can benefit from a basic understanding of the process. Whether looking to sell to a large corporation like CVS or Walgreens or hoping to keep the pharmacy directly in the...
Is my nursing license at risk if I am struggling with debt?
Whether due to the pandemic or other life circumstances, those who struggle to pay their bills face enormous stress. In some cases professionals like nurses may also worry that these mounting bills could have a negative impact on their professional license. The fear...
What happens if the feds accuse my lab of an EKRA violation?
The law is constantly evolving. One of the most recent examples is lawmakers’ attempts to address the opioid crisis. In an effort to curtail the abuse of this highly addictive medication, Congress passed the Eliminating Kickbacks in Recovery Act of 2018 (EKRA),...
I am a nurse struggling with burnout. What should I do?
There are times when the ordinary and relatively manageable levels of stress that come with working in the healthcare industry can escalate into unmanageable, chronic stress. When this happens, we are at increased risk of burnout. It is important to take this feeling...
What are the penalties for a False Claims Act violation?
The False Claims Act (FCA) is a federal law that allows the government to hold those financially accountable who it believes have knowingly submitted false claims for payment to the government. A common example is a health care provider filing a false or fraudulent...

