When patients sign a valid consent form for surgery or another procedure, they will have a difficult time proving they did not give informed consent. This was demonstrated in Hauser…
Representing a complex intersection of law and medicine, Medicaid waivers are legal provisions that set aside certain rules of the Medicaid program so that states can manage specific services. Designed…
A recent $18 million False Claims Act (FCA) settlement demonstrates the risks companies take when they ignore their Chief Compliance Officer’s (CCO) concerns about unlawful practices. While spearheading compliance for…
People often think of home care and home healthcare as the same thing, but the terms are not interchangeable. The critical distinction is that home healthcare providers deliver medical services…
A multi-million verdict in a Texas occupational accident case has brought new attention to questions about when injured workers can pursue personal injury lawsuits, outside of workers’ compensation claims, and…
The False Claims Act (FCA) imposes liability on federal contractors who defraud government programs. Through the FCA, the Department of Justice (DOJ), often in cooperation with whistleblowers, recovered more than…
Three nonprofit organizations filed a Freedom of Information Act (FOIA) lawsuit in October against U.S. Immigration and Customs Enforcement (ICE). The groups are demanding that the agency release records pertaining…
A surgeon must navigate many questions and considerations prior to performing spine surgery, one of which is whether to take an anterior or posterior approach. Although treatment of many spinal…
The Department of Justice announced a $9.2 million settlement with Minnesota medical device maker Medtronic USA last month that could signal a developing interest in Physician Payments Sunshine Act enforcement.…
A recent ruling issued by the Georgia Supreme Court in a high-stakes medical malpractice case has brought new clarity to the issues of vicarious liability and apportionment of liability in…
Physician referrals have skyrocketed in recent decades, surging 159% from 1999 through 2009, according to well-sourced and widely cited data. In other words, a jump from 41 million to 105…
Insights Beyond the Law: Fundamentals of Negligence During Gallbladder Surgery Thursday, December 3, 2020 2:00 PM - 3:30 PM Eastern 1.50 hours of CLE Join Dr. Burton Bentley and trial…
Medical charts and billing records play a vital role in civil and criminal cases focusing on fraudulent billing by healthcare entities. While datasets can also be obtuse and extensive, they…
It took a pandemic, but telemedicine finally moved into the mainstream in 2020. Amid COVID-related shelter-in-place and social distancing orders, the Centers for Medicare & Medicaid Services (CMS) eased restrictions…
by Dr. Burton Bentley “Medical Necessity” is a target of most compliance audits. Cost-effective deployment of physicians and CPT coding experts is mission critical. Proven strategies for budgeting and documentation…
