Little Health Law Blog

CMS Announces Numerous Rule Changes

August 28, 2018 | Little Health Law

law-education-series-3-68918-m In early August, the Centers for Medicare & Medicaid Services (CMS) published an updated set of guidelines stating that hospitals will now be required to annually publish a list of charges online. CMS announced that the change in guidelines will “help improve access to hospital price information” and “give patients greater access to their health information.” However, hospitals are contending that the new guidelines may be problematic as they do not show prices after negotiating with insurance companies. Jeffrey Bomme, the chief legal officer at Adventist Health System, commented on the new guidelines stating the charges will not be relevant to patients because the bill may be reduced or some services may have no charge due to a hospital’s charity policy. These reported prices may also mean that patients neglect needed care because of the listed price and not the price that they may have to pay out of pocket, says Tom Nickels, executive vice president for government affairs and public policy at the American Hospital Association. Yet, the CMS feels as though the new rule will “incentivize value-based, quality care at these facilities.”

JUSTICE ANNOUNCES OPERATION SYNTHETIC OPIOID SURGE

July 13, 2018 | Little Health Law

pills-2-300x225 Today, the United States Department of Justice announced by press release its formation of Operation Synthetic Opioid Surge (S.O.S.). An objective of SOS is the reduction of dangerous opioids in particular areas of focus, to identify wholesale distribution networks, and to locate suppliers.

The Opioid Crisis

Opioids are medications that affect the nervous system and/or specific receptors in the brain, for the purpose of reducing pain. In the late 1990s, based on assurances from the pharmaceutical industry that patients were not likely to become addicted to pain relievers, physicians began to prescribe opioids at a higher level than in prior years. Increased prescriptions led ultimately to widespread misuse of opioids. Later, it became clearer to the medical community that opioids can be highly addictive.

Genetic Testing and Employee Protections

June 22, 2018 | Little Health Law

dna-1-1444488-300x300 Genetic testing companies, such as 23andMe, have become a craze in the United States within the last 10 to 15 years. 23andMe was formed with the purpose of informing its customers of their genetic health risks, carrier status, and ancestry information. After collecting DNA from saliva, the DNA is sent off to research labs that perform qualitative genotyping–the process of discovering variants in DNA. The genetic tests that 23andMe runs analyze the donor’s DNA, RNA, chromosomes, proteins, and metabolites to determine mutations and changes in chromosome structure. This genotyping allows the labs to discover the customer’s genetic information and background.

Many citizens remain wary of using such resources due to a fear that employers and health insurance companies will use the genetic information for discriminatory purposes. In 2008, the Genetic Information Nondiscrimination Act (GINA) was passed to combat this potential discrimination and protect those employees or insured persons. Continue reading ›

June 7, 2018, Little Health Law obtains dismissal of lawsuit for commercial client

June 7, 2018 | Little Health Law

As trial counsel in Soo Hyun Engineering USA, LLC v. KG USA, Inc., Case No. 16-CV-0644, Troup County Superior Court, wherein the plaintiff sought in commercial litigation a recovery of approximately $1 million, our firm recently obtained dismissal of the lawsuit following our filing of a motion for summary judgment. Kevin Little, a partner in Little Health Law, represented the defendant.

Medical Marijuana and Disability Discrimination in Georgia

May 31, 2018 | Little Health Law

House Bill 1, Haleigh’s Hope Act, went into effect on April 16, 2015. HB 1 makes it lawful to possess up to 20 fluid ounces of low-THC oil, commonly known as “medical marijuana.” On May 8, 2018, Governor Deal signed House Bill 65, which expanded the conditions medical marijuana could be used to treat. As a consequence of HB 65’s expansion, it is likely that more employees will be allowed to possess and use medical marijuana.

Does this mean that you must permit your employees to possess and use medical marijuana while at work, and if you terminate their employment, you are committing disability discrimination?

Not exactly.

April 28, 2018, Kevin Little speaks to audiologists and speech pathologists at the American Academy of Private Practice in Speech Pathology and Audiology’s Annual Business Conference in Atlanta, regarding building an ancillary healthcare practice with a vision to sell it

April 28, 2018 | Little Health Law

Kevin Little speaks to audiologists and speech pathologists at the American Academy of Private Practice in Speech Pathology and Audiology’s Annual Business Conference in Atlanta, regarding building an ancillary healthcare practice with a vision to sell it.

Sexual Harassment in Georgia: Healthcare & the #MeToo Movement

April 17, 2018 | Little Health Law

Healthcare employees filed the fourth largest number of sexual harassment claims with the EEOC from 2005 to 2015, according to Jocelyn Frye, a senior fellow at the Center for American Progress. As a result of the #MeToo movement, many healthcare organizations in Georgia are rethinking their sexual harassment policies, and employees are educating themselves on their rights. This post examines Georgia employees’ rights and how Georgia employers can reduce sexual harassment in the workplace.

Georgia Discrimination Laws

Georgia’s employment discrimination laws protecting employees in the private sector are limited to age, wage, and disability discrimination. Although Georgia’s Fair Employment Practices Act covers a wider range of protected classes, it only applies to state agencies with fifteen or more employees.

Fraud and Abuse Update: Prison As a Result of Kickback Scheme

March 30, 2018 | Little Health Law

1066058_patrol_hat_too1 The United States Department of Justice issued a press release on March 28, 2018 regarding the sentencing of Sandra Parkman, age 63, for Medicare fraud. Our business and health care law firm follows developments in the fraud and abuse legal arena. The DOJ, as well as numerous other Federal and state law enforcement agencies, are continuing with their push to crack down on offenses they determine to constitute “fraud and abuse” under applicable statutes and rules.

United States District Judge Kurt D. Engelhardt of the Eastern District of Louisiana sentenced Ms. Parkman to 32 months in prison. Additionally, she was ordered to pay $277,197 in restitution. Ms. Parkman elected to go to trial in her case. There was a three-day jury trial. At trial, the government presented evidence that Ms. Parkman engaged in a scheme to provide durable medical equipment (DME) that was not medically necessary to federal program beneficiaries in the New Orleans area. The owner of a DME supply company, Tracy Browns, a co-defendant in the case, allegedly paid kickbacks to Ms. Parkman to provide information of eligible Medicare beneficiaries and to obtain physician signatures on order forms for the DME in question. Brown was convicted in a separate trial and sentenced to 80 months in prison.

March 20, 2018, Following a multi-day trial on the merits in the District Court of Denver, Colorado, Kevin Little of our firm, and his co-counsel Shannon Bell, obtained permanent injunctive relief against the Obesity Medicine Association (OMA) for our firm’s physician client

March 20, 2018 | Little Health Law

Following a multi-day trial on the merits in the District Court of Denver, Colorado, Kevin Little of our firm, and his co-counsel Shannon Bell, obtained permanent injunctive relief against the Obesity Medicine Association (OMA) for our firm’s physician client, Dr. Krishna Doniparthi.

Fraud and Abuse Update: DOJ Announces $1.7 Million Fraud and Abuse Settlement Reached with Detroit Physician

January 31, 2018 | Little Health Law

gavel-952313-m Our Georgia and South Carolina healthcare law firm has learned that the United States Department of Justice issued a press release announcing a resolution by settlement of fraud and abuse allegations levied against a Detroit physician, Gerald Daneshvar M.D. Due to our focus on healthcare law, our law firm follows legal developments in the healthcare industry.

Dr. Daneshvar was criminally charged and, following a two-week jury trial, convicted of one count of conspiracy to commit health care fraud. His alleged co-conspirators and co-defendants were Stephen Mason, M.D. and Leonard Van Gelder, M.D. Mason and Gelder plead guilty to conspiracy to commit health care fraud. These doctors were alleged to have worked for Lake MI Mobile Doctors, which provided physician home visits to homebound patients who were Medicare beneficiaries. However, according to the Government’s evidence at trial, Dr. Daneshvar billed Medicare for patient visits where the patient was not really sick or homebound and, along with his codefendants, conspired to bill Medicare at the highest rates even though the patient visits were short or unnecessary. For doing so, these physicians received greater compensation from Mobile Doctors.