Clay J. Countryman and Alec Alexander, partners in the firm’s Healthcare Group will give presentations at the Physicians Legal Issues Conference to be held June 10-12, 2015 at the Palmer House Hilton in Chicago, IL. The Physicians Legal Issues Conference is co-sponsored by the American Bar Association Health Law Section, Chicago Medical Society and the American Association for Physician Leadership®. Mr. Countryman is Co-Chair of the conference and he will present as part of a panel on a session titled, “Community Clinics and Pharmacies: Opportunities for Physicians and Attorneys to Work Together” on June 11. Mr. Alexander will be presenting on a panel for a session titled “Navigating the Perilous Waters of the False Claims Act From Medical Necessity to the Anti-Kickback Statute and Beyond” on June 11.
Alec Alexander Clay Countryman
A recent study by Ponemon Institute, the Fifth Annual Benchmark Study on Privacy and Security of Healthcare Data, concluded that the majority of data breaches are not accidental, but intentional. These cyberattacks against health care providers cost the U.S. health care system $6 billion a year. According to the report, the average cost of a data breach for healthcare organizations is more than $2.1 million, and the average cost of a data breach for business associates is more than $1 million. Continue reading
In a letter from the Centers for Medicare & Medicaid Services (“CMS”) Medicare Parts C and D Oversight and Enforcement Group issued on April 2, 2015, CMS imposed a civil money penalty of $1,000,000 on health insurer, Aetna, Inc. The $1,000,000 fine was based on Aetna’s “failure to disseminate clear and accurate information regarding the number, mix, and distribution (addresses) of network pharmacies from which enrollees may obtain covered Part D drugs,” which CMS found violated obligations imposed by 42 C.F.R. § 423.128(a)(2) and 42 C.F.R. § 423.509(a)(2). Continue reading
A $20M lawsuit filed in Florida against the AIDS Healthcare Foundation raises questions about whether healthcare employers can bonus their employees for generating business (marketing) under the anti-kickback statute. Several whistleblower employees claim that the company inappropriately incentivized/bonused employees for patient referrals. Employees were allegedly paid $100 for referring patients who tested positive to the company’s clinics and pharmacies. The company asserts that not only has it done nothing wrong, but that its pro-active approach is critical to stopping HIV in this country. The government has not intervened in the suit. See the Associated Press article available HERE for more details.
Written by: Emily Grey
When can a company that manages a hospital be liable for the medical malpractice of the institution and its physicians? According to one recent New Mexico decision, when its agents knew of pattern of sub-standard conduct and didn’t act to address it. The case involved one physician performing experimental surgery on over 100 patients over a period of years. The decision allowing the claim against the manager was rendered in the hospital’s bankruptcy proceeding, which it filed in an attempt to survive the patients’ claims. Review this article on Insurance News Net for a more complete discussion.
Written by: Greg Frost