Healthcare providers besides physicians can also violate the Anti-Kickback Statute. And, do not think that only physicians can make illegal refurrals. Paying anyone something of value for patient referrals—even a marketing company—can be illegal. Southern District of Texas Press Release: At the time of their pleas, they admitted that from 2014 through 2016, both obtained […]
Author: Wade Emmert
Wade Emmert is a board-certified health law attorney with more than 25 years of experience. He helps practitioners across Texas close complex healthcare transactions, create or acquire profitable businesses, defend against license complaints, and navigate federal and state healthcare laws and regulations.
Wade is a Partner and the Healthcare Practice Group leader at the law firm of Carrington, Coleman, Sloman & Blumenthal, L.L.P. Please contact Wade at (214) 855-3040 or wemmert@ccsb.com.
The Corporate Practice of Medicine (CPOM) is deeply rooted in Texas law. But the Corporate Practice of Dentistry similarly provides that “a person may not practice dentistry without a valid license issued by the Texas State Board of Dental Examiners. The Texas Dental Practices Act sets forth several categories of activities that constitute the practice […]
Steven G. Pine, gina L. Bertolini, with K&L Gates: Shortly after the Dobbs decision, HHS laid out its position in a 11 July 2022 memorandum issued to state survey directors (the EMTALA memo) that asserted, among other things, that state laws purporting to limit abortion services more narrowly than provided under EMTALA are preempted. Three […]
Will Maddox for D Magazine: Consolidation is on the rise as well. According to research from Deloitte, the largest 10 healthcare systems in the U.S. control nearly a quarter percent of all hospitals. Between 2013 and 2018, the ten largest health systems saw revenue increase 82 percent from $505 billion to $918 billion, five times faster than […]
More scary statistics related to ransomware attacks on healthcare providers. Nearly half (47%) of healthcare IT professionals said their organizations experienced a ransomware attack in the past two years, up from 43% in 2021, according to a survey released by the Ponemon Institute. Ill-prepared providers must make the hard choice to pay or not to […]
From the Eastern District of Texas: Ophthalmology provider group, Arlington Ophthalmology Association, P.L.L.C. d/b/a Kleiman Evangelista Eye Centers (“K&E”), with offices located in Arlington, Dallas, Plano, Southlake, Mount Pleasant, and Gun Barrel City, Texas, has agreed to pay $2,902,505 to resolve False Claims Act allegations that it offered and paid kickbacks to optometrists to induce […]
Jonathan Porter, writing for Healthcare Law Insights, highlights several types of fraud associated with medical research and clinical trials: Clinical trial fraud, grant fraud, and failure to disclose ties to foreign governments, are all types of fraud associated with medical research and clinical trials. The Department of Justice, through it’s consumer protection branch, has become more […]
The root problem is our society is mentally sick. Violence is the symptom. All the security in the world won’t stop someone who is intent on hurting others. Any solution must address the problem. Will Mattox, writing for D Magazine: But the issue seems to be getting worse. The American Hospital Association says that 44 […]
From Merrill Matthews, writing for The Hill: The point is that if the federal government were better at preventing Medicare and Medicaid fraud, the programs could save perhaps $100 billion a year or more. While that wouldn’t solve Medicare’s long-term financial challenges, it would certainly help delay the day of reckoning. While no one defends […]
Is Dropbox HIPAA Compliant?
A lot of my healthcare clients use Dropbox. Many assume, incorrectly, that it is HIPAA compliant. I am generally concerned with any service that declares itself to be HIPAA compliant. Like many services, Dropbox can be used in a HIPAA compliant manner, but the burden rests on the user, not on Dropbox. From Samuel Okoruwa, […]