Corporate Integrity Agreement Highlights Individual Accountability within Health Care Organizations

A physician-owned chain of family medicine clinics located in and around Columbia, South Carolina, Family Medicine Centers of South Carolina, LLC (“FMC”), has agreed to pay the United States $1.56 million, and its principal owner and former chief executive officer, Dr. Stephen F. Serbin, and its former Laboratory Director, Victoria Serbin, have agreed to pay $443,000, to resolve a False [...]

By |2017-11-08T10:10:41-06:00October 13, 2017|

CMS Emergency Preparedness Rule Takes Effect Nov. 15

In the wake of Hurricanes Harvey, Irma and Maria, the November 15, 2017 deadline for new Centers for Medicare and Medicaid Services regulations on emergency preparedness seems all the more critical. Hundreds of facilities were devastated by flooding and damage, leaving them without vital patient data and at risk of security breaches and Health Insurance Portability and Accountability Act violations. [...]

By |2017-10-13T10:37:21-06:00October 10, 2017|

The Colorado Medical Board Finalizes Rule Concerning Delegation and Supervision of Medical Services

The Colorado Medical Board recently finalized an updated version of Rule 800 concerning the delegation and supervision of medical services to unlicensed persons. Highlights of these rule changes, which are of particular interest to physicians who delegate services and health care providers who work with delegating physicians, include: A delegating physician must ensure there is, on-site and available to the [...]

By |2017-09-27T12:19:51-06:00September 6, 2017|

Medicare Fraud Strike Force Sends Strong Message on Fraud and Abuse

Highlighting its continued focus on cracking down on Medicare fraud and abuse practices, the U.S. Department of Justice and the U.S. Department of Health and Human Services announced this month the largest ever health care fraud enforcement action precipitated by the Medicare Fraud Strike Force. As part of this national health care fraud takedown, the government charged 412 defendants with approximately $1.3 billion [...]

By |2017-10-10T13:03:18-06:00July 27, 2017|

Public Hearing Scheduled Aug. 1 for Workers’ Comp Rule Changes

The Colorado Department of Labor and Employment announced it will hold a public hearing prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, Rules 16 and 18, regarding Utilization Standards and Medical Fee Schedule, respectively. Specifics of the Workers’ Compensation proposed and adopted rules can be viewed here. The hearing will take place on August [...]

By |2017-07-10T11:20:28-06:00July 10, 2017|

What You Need to Know About Granny Cams

Cameras placed in the rooms of residents at skilled nursing or assisted living facilities, otherwise known as granny cams, are becoming more commonplace. Lawsuits against staff members at such facilities are also increasing because of disturbing footage found on the cameras.  However, there are currently no federal laws (other than applicable criminal laws) in place to regulate their use and [...]

By |2017-07-06T13:33:43-06:00July 5, 2017|

Health Care and the 2017 Colorado Legislative Session

Note: Josiah Beamish, J.D., a health law clerk for Caplan and Earnest, was instrumental in compiling this information. The 2017 Colorado Legislative Session resulted in some key pieces of health care legislation, which allowed the legislature to address several long-term needs in the state’s health care system. One of the biggest developments this legislative session is the commitment to supporting [...]

By |2017-06-09T13:55:50-06:00June 6, 2017|

Understanding “Incident To” Billing

Section 1861(s)(2)(A) of the Social Security Act allows physicians to bill Medicare for patient services provided “incident to” a physician’s services. “Incident to” services are furnished incident to physician professional services in the physician’s office or in certain other locations.  These services are typically performed by non-physician practitioners (NPPs), such as a nurse practitioner or physician’s assistant.  The services, which [...]

By |2017-06-09T14:03:09-06:00June 1, 2017|

Attorney Matt Ullrich Presents at LeadingAge Colorado Conference & Exhibition

BOULDER—May 23, 2017—Caplan and Earnest Attorney Matt Ullrich presented on video surveillance in senior living communities at the 2017 LeadingAge Colorado Conference & Exhibition on May 23 in Beaver Creek, Colo. Ullrich is an associate attorney in the health care practice. His presentation, “’Granny Cams’ – Issues, Risks, and Laws Your Organization Needs to Know,” focused on recently enacted state [...]

By |2017-08-04T15:40:54-06:00May 23, 2017|

Federal Court Blocks Implementation of DOL Final Overtime Rule

On Nov. 22, 2016, a federal court issued a preliminary injunction that blocks (for now) the implementation of the U.S. Department of Labor’s Final Overtime Rule, which would have gone into effect on December 1 and would have increased the minimum salary threshold necessary to qualify for exemption from the Fair Labor Standards Act under the so-called “white collar” or [...]

By |2016-11-28T16:50:56-06:00November 28, 2016|