Physicians sometimes unwittingly run afoul of Medicare legal rules by not knowing the difference between non-participation, their default status short of participation, and opting out, which requires doctors to take specific action steps.
Michael H. Cohen
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HCG – FDA drug approval / legal issues for weight loss
Texas has told weight loss clinics to stop marketing HCG for weight loss.…
Legal issues in use of HCG for weight loss
Use of HCG for weight loss is controversial in many states and prohibited in others, despite claims by proponents of its effectiveness.…
Management services model for medical spas: legal issues
Medical spas and integrative care centers can often benefit from management services models to structure arrangements in light of Stark, anti-kickback and fee-splitting legal rules.…
Sham medical director agreements violate Stark laws
Medical directors at medical spas should be concerned that, unless the arrangement is carefully structured with an eye to legal rules and anti-kickback risks, regulatory enforcement authorities might perceive their role as sham and fraudulent.…
FDA regulates telemedicine on smart phones
Food and Drug Administration (FDA) has draft guidance on mobile medical applications for telemedicine health applications on smart phones.…
Use of lasers for body sculpting raises legal issues
Medical spas represent a cash cow for many medical doctors and other health professionals, but medispas are raising legal issues.…
Scope of practice issues continue raise turf battles among health care professions
Turf battles are common in health care, as evidence by continuing legal battles over scope of practice.…
Stark laws were violated as a matter of law, federal judge finds
A federal judge ruled that an acute care hospital violated Stark laws by submitting claims to Medicare that were induced by referrals.…
Fair market value rules must be respected to mitigate kickback issues
Hospitals and other health care entities relying on the “fair market value” safe harbor to federal anti-kickback rules must satisfy FMV requirements or risk enforcement action.…