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Jeffrey L. Cohen Florida Healthcare Law Firm Blog
WebLectures & Presentations: Jeffrey L. Cohen has lectured on nearly every aspect of Healthcare Law at many Florida Bar CLE approved seminars and events throughout the state. For more information about Mr. Cohen and the topics & information he covers contact our office at 561-455-7700.
Actived: 7 days ago
Is The End of Stark (and IOAS) Near
WebBackground Since its passage in 1989, the now ubiquitous federal law known as the Stark Law has driven the business behavior of health care providers of many kinds. Recent developments, however, make us wonder whether the end of Stark is near, and if so, whether that’s a good thing. By way of background, the Stark…
Fee Splitting: Clearing Up the Confusion
WebYes, but definitions are elusive and confusing. Florida law prohibits licensed healthcare professionals engaging in any split-fee, rebate, commission or bonus in exchange for referral of any patient . In particular, Section 456.054 states it is a violation of a state criminal statute for a “healthcare provider” to “offer, pay, solicit, or
What is FIPA and How Is FIPA Different From HIPAA
WebBy: Jackie Bain FIPA is the Florida Information Protection Act of 2014. It became elective on July 1, 2014. Many people consider FIPA to be Florida’s state law counterpart to the Federal Government’s Health Information Protection and Administration Act of 1996 (“HIPAA). However, FIPA is, in many respects, more far reaching than HIPAA.
The EMTALA Primer Florida Healthcare Law Firm Blog
WebPosted on October 12, 2016 by jlcohen. By: Dave Davidson. In 1986 President Ronald Reagan signed the Emergency Medical Treatment and Active Labor Act (EMTALA) into law. Since then, the application of the law has been expanded and refined. It was one of the first laws giving the government the authority to dictate certain operations of a hospital.
About Us Florida Healthcare Law Firm Blog
WebThe Florida Healthcare Law Firm provides a wide variety of legal services to physicians, medical practices and many healthcare businesses such as medical staffs, surgery centers, imaging centers,drug & alcohol treatment centers and home health agencies. The Mission Our mission is simple: Provide legal guidance to healthcare professionals and …
Changes of Ownership in Healthcare Businesses
WebBy: Jacqueline Bain The amount of regulation imposed upon those entering into the healthcare business arena can be staggering even for a highly experienced businessman. In the business world, buying and selling businesses is often accompanied by lawyers, documents and consultants. In the healthcare business world, buying into and …
Can Physicians Limit the Number of #Medicare Patients They See
WebΔ. Given the comprehensive health care reform law recently enacted and the status of Medicare provider reimbursement today, it is not unreasonable to wonder if physicians and other health care providers can somehow limit the number of Medicare patients they see. In short, the answer depends on what type of “provider” you are.
When is Marketing An Illegal Kickback
WebThe federal Anti Kickback Statute (“AKS”) is a criminal law that arises in the context of individuals and entities that pay or receive anything of value in exchange for referring a patient whose care is compensated in any way by a state or federal healthcare program. Violations of the statute are punishable by a maximum fine of $25,000 and
Jacqueline Bain Florida Healthcare Law Firm Blog
WebJacqueline Bain is part of a highly select group of Florida licensed attorneys with both deep healthcare industry experience and a certification in healthcare compliance by the Health Care Compliance Association. Her background is focused on corporate transactions for healthcare providers and businesses including: Physicians, Chiropractors, Dentists and …
How Big is Too Big
WebBy: Jeff Cohen A January 24, 2014 court ruling in Idaho that will require the unwind of a hospital system’s purchase of a large primary care medical practice will cause mega practices to think twice about their size. The Idaho court ruled that St. Luke’s Health System’s purchase of the 40 physician Saltzer Medical Practice violated pertinent state …
The Anti-Kickback Statute: What Constitutes a “Referral”
WebThe Federal Anti-kickback Statute does not specifically target physicians. 42 USCS § 1320a-7b(b)(1) states whoever knowingly and willfully solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind— This means any person which can include individuals such …
The Stark Law Regulations: A Review
WebThe Stark Regs (1) forbid doctors and their immediate family members from referring their patients to businesses they own which provide “designated health services,” and (2) contains a long list of permitted financial relationships between health care providers.. The list of what constitutes a “designated health service” (DHS) includes PT, …
Is it Really so Wrong
WebBy: David Hirshfeld & Jeff Cohen Lately we’ve noticed an uptick in criticism of toxicology labs that are owned by the substance abuse treatment programs and recovery residences that refer to them. Sadly, this criticism seems to be coming from within the addiction and recovery industry itself. In addition to being absolutely necessary for …
What Providers Need to Know Before They Balance Bill
WebUnder Florida law, a provider may not balance bill a patient for any service, if an HMO is liable and responsible for payment. Contrary to what many people believe, this is true whether you are in-network or out-of-network. Even hospital based out-of-network physicians, such as anesthesiologists, pathologists, radiologists or emergency room
Consignment Closets: Still a Viable Option for DME Providers
WebIn the age of heightened regulatory scrutiny, physicians and other health care providers often question whether "Consignment Closet" relationships are legal. If properly structured these arrangements are not only legal but are of great benefit to patients needing valuable medical devices. A properly structured relationship will, in all …
Physician Joint Ventured Pharmacies Require Guidance
WebPhysician Joint Ventured Pharmacies Require Guidance. Posted on April 2, 2014 by jlcohen. Florida physicians are being approached to become owners of pharmacies to which they may refer, often compounding pharmacies, but may be unaware of the regulatory issues involved. Physicians need to be aware of the core laws that apply, …
How to Make an Out of Network Appeal Count
WebOut-of-network providers receive only one level of appeal from commercial health plans, and need to make it count. Many times, on a denied claim or a disputed claim, the provider will send in medical records for reconsideration of the denial. When a plan receives medical records, reviews them, and upholds its initial denial, a provider is
Physicians & Facilities Frustrated in Upcharging Lab Fees
WebFor instance, if Lab 1 charges the provider/facility $10 for lab work, and the provider/facility charges an insurer $20, that can be found to constitute insurance fraud. The key Florida prohibition, however, is found in the Florida Administrative Code, which reads—. 59A-7.037 Rebates Prohibited – Penalties.
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