Compliance Update

Eleventh Circuit Upholds Convictions for Patient Recruiter in Home Health Kickback Conspiracy

The Eleventh Circuit Court of Appeals recently upheld convictions for a South Florida patient recruiter for conspiring to defraud the United States and receiving illegal kickbacks for referring patients to a Medicare provider. The case involved Yamilet Diaz who was accused of sending Medicare beneficiaries to a home health agency in exchange for $2,000 per patient. It was alleged that between...

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FMV (Fair Market Valuation) Heads Up

FMVs are at the heart of healthcare regulatory compliance when money or anything of value changes hands in a healthcare business setting. Why? Two reasons: Healthcare laws (Stark, the Anti Kickback Statute and the Patient Brokering Act) all target money changing hands in the healthcare business space; and There are clear exemptions and exceptions that have as an essential ingredient that the...

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Settling FCA Claim From the Great Beyond

Just because you die, it doesn’t mean you can’t be held accountable for illegal activity conducted while you were still alive, as evidenced by a recent settlement agreement announced by the U.S. Department of Justice. The U.S. Attorney for the Middle District of Orlando, in late January, announced that the estate of Dr. Patrick T. Hunter paid $1.7 million to resolve allegations that he violated...

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How Autonomous Practice Is the Biggest Business Opportunity for 2021

With the passage of autonomous practice ability for nurse practitioners in Florida this year, many are wondering how this will affect the healthcare industry in Florida. In a traditional sense, rural and underserved areas should have the opportunity for growth in healthcare providers. The autonomous practice law removes restrictions on certain nurse practitioners, granting them the ability to...

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Can employers require workers to take the COVID-19 vaccine? 6 questions answered

A patient care director in New York receives the coronavirus vaccine. Eduardo Munoz/Pool via AP   Editor’s note: The Equal Employment Opportunity Commission, the federal agency in charge of enforcing laws prohibiting discrimination in the workplace, on Dec. 16 said that employers can require employees to get vaccinated before entering the workplace. Now that two COVID-19 vaccines have...

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HHS Proposes Revisions to HIPAA Privacy Rule

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) is seeking to revise the HIPAA Privacy Rule, a move it says will “remove barriers to coordinated care, and reduce regulatory burdens on the health care industry.” The proposed rule changes are part of HHS’ “Regulatory Sprint to Coordinated Care.” Among some of the recommendations: Strengthening individuals’ rights to...

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