Don’t Violate HIPAA Fighting Bad Yelp Reviews

By Mani Dabiri | Published October 16, 2019 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: healthandhumanservices, healthcare, HHS, HIPAA |

Healthcare providers, beware: You cannot respond to bad online reviews by disclosing your patients’ protected health information (or PHI). As you know, PHI refers to any health information that identifies or could be used to identify a patient. If you’re not sure what counts, do your homework or call your lawyer. But don’t disclose it Read More

The Lure of Free Cancer Screenings

By Mani Dabiri | Published October 4, 2019 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: antikickbackstatutes, departmentofjustice, DNAtesting, DOJ, healthandhumanservices, healthcare, HHS, insurancefraud, medicareandmedicaid, telemedicine |

Last week, the U.S. Justice Department announced a major takedown of telemedicine that it says went too far. It’s among the bigger healthcare-fraud sweeps to date: 35 people charged with over $2.1 billion in false or fraudulent bills. The defendants hail from telemedicine companies and genetic-testing labs and include nine physicians. They reportedly billed Medicare for tens Read More

HHS Reduces HIPAA’s Maximum Fines

By Mani Dabiri | Published May 26, 2019 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: civilmonetarypenalties, excessivefines, healthandhumanservices, healthcare, HHS, HIPAA, mensrea |

Last month, the U.S. Department of Health and Human Services said it would no longer apply the same maximum fines to all HIPAA violations regardless of fault or blameworthiness. Before, the agency used the same maximum annual penalty, $1.5 million, for all violations regardless of whether or not you knew you violated HIPAA; whether or not you Read More

Two Billion-Dollar Healthcare Prosecutions in One Month

By Mani Dabiri | Published May 21, 2019 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: antikickbackstatutes, briberyandcorruption, departmentofjustice, DOJ, exclusionordebarment, healthandhumanservices, healthcare, HHS, medicareandmedicaid, moneylaundering |

Last month, the U.S. Justice Department reported two healthcare prosecutions for billion-dollar frauds. In the first, federal prosecutors in Florida won what they’ve called the biggest healthcare-fraud conviction ever. The target was the owner of a chain of nursing homes who allegedly billed over a billion dollars in fraudulent claims to Medicare and Medicaid over eighteen years. Read More

‘Tis the Season for Healthcare Enforcement

By Mani Dabiri | Published July 21, 2018 | Posted in Federal and State Criminal Defense, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: cannabis, departmentofjustice, DOJ, exclusionordebarment, healthandhumanservices, healthcare, HHS, insurancefraud, licensingandregistration, medicareandmedicaid, prescriptiondrugs |

Speaking of health care, the federal government brought the heat again this summer. As it has for several years, it announced major, coordinated raids and arrests of healthcare providers and professionals around the country. We covered the government’s raids in 2015 and 2017, and they’re getting bigger and badder each year. This year’s takedown set new records Read More

Feds Raise Healthcare Penalties Again

By Mani Dabiri | Published February 16, 2018 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, White-Collar and Regulatory Defense | Tagged Tags: antikickbackstatutes, healthandhumanservices, healthcare, HHS, medicareandmedicaid, punishment |

If you’re a healthcare provider who takes Medicare or another federal program, take note. We didn’t get a government shutdown, but the budget law from last week more than doubled the civil and criminal penalties you face when the government accuses you of fraud, waste, or abuse. To see for yourself, click the link and scroll all Read More

When the Doctor Is Not In

By Mani Dabiri | Published January 19, 2018 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: administrativehearings, exclusionordebarment, healthandhumanservices, healthcare, HHS, medicareandmedicaid |

Last week, it was the California Medical Board, but Medicare ain’t playing around either, doc. It will revoke your billing privileges if you submit inaccurate claims, and it will test the accuracy of those claims by mining data about you and your travels. Recently, for example, the government revoked a clinic’s privileges because it determined the doctor who supposedly rendered Read More

Don’t Keep The Change, Doc

By Mani Dabiri | Published November 10, 2017 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: businessandcommerce, departmentofjustice, DOJ, falseclaimsact, healthandhumanservices, healthcare, HHS, medicareandmedicaid, whistleblowers |

Meaning, don’t just pocket the difference when the government overpays you for healthcare goods or services. Recently, a medical group agreed to pay $450,000 to settle allegations that it refused to return $175,000 in overpayments that it received from federal healthcare programs like Medicare and Medicaid. Here’s the government’s press release. The overpayments at issue tend to happen in medical Read More

Feds Arrest Hundreds in Healthcare Raids

By Mani Dabiri | Published July 20, 2017 | Posted in Federal and State Criminal Defense, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: antikickbackstatutes, departmentofjustice, DOJ, exclusionordebarment, healthandhumanservices, healthcare, HHS, insurancefraud, medicareandmedicaid, prescriptiondrugs |

Last week, the federal government conducted nationwide raids of healthcare providers and facilities based on $1.3 billion in allegedly false billings. In one day, the feds arrested 412 people in a coordinated takedown that netted 115 doctors, nurses, and other licensed professionals. The government also brought legal action to exclude 295 providers—including doctors, nurses, and pharmacists—from further participating in Read More

When Medicare Says You Can’t Sit With Us

By Mani Dabiri | Published May 19, 2017 | Posted in Civil Business Litigation and Investigations, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: administrativehearings, exclusionordebarment, falseclaimsact, healthandhumanservices, healthcare, HHS, licensingandregistration, medicareandmedicaid, statutesoflimitations |

Earlier this year, the U.S. Department of Health and Human Services issued new regulations on its power to exclude healthcare providers and suppliers from participation in a federal healthcare program. The agency excludes some 3,500 people or entities per year. You’ll want to avoid being one of them. Here are some important takeaways. The agency is empowered to cast Read More

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