A Capehart Scatchard Blog

When it Comes to Diagnostic Testing, Be Careful of the Company You Keep

By on August 18, 2017 in Court Rulings with 0 Comments

The U.S. Attorney’s Office for the District of New Jersey reorganized its health care practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since then, that office has recovered more than $1.36 billion in health care and […]

Share

Continue Reading »

Telemedicine Essentially Missing from MACRA MIPS Final Rule

By on October 19, 2016 in Medicare with 0 Comments

The final rule on MACRA’s Merit-Based Incentive Payment System (MIPS), the new Medicare payment model, scheduled to take effect on January 1, 2017, made a significant change to the 2015 proposed rule in that it largely eliminated quality scoring for telemedicine and remote monitoring services to Medicare beneficiaries from MIPS.  MIPS will be the quality […]

Share

Continue Reading »

Physician Assistants’ Enhanced Role in New Jersey requires Proper Supervision

By on October 11, 2016 in Uncategorized with 0 Comments

Earlier this year, the State of New Jersey enacted amendments to the statutes governing the scope of practice of physician assistants (“PA”). Although there are likely State Board of Medical Examiner regulations forthcoming to provide further clarity on PA practice, the new statutes provide more autonomy to PA’s, which can be a both a boon […]

Share

Continue Reading »

The Importance of Having an Updated Business Associate Agreement

By on October 4, 2016 in HIPAA with 0 Comments

As part of its increased enforcement efforts, the Office of Civil Rights of the US Department of Health and Human Services (OCR) recently entered into a $400,000 settlement with a Rhode Island hospital for failure to update its business associate agreement as required under the Privacy and Security Rules of the Health Insurance Portability and […]

Share

Continue Reading »

Continuing to Fight the Opioid Addiction Epidemic: President Obama Signs the Comprehensive Addiction and Recovery Act

By on August 12, 2016 in CARA with 0 Comments

The national opioid addiction epidemic is one of the largest public health crises of our time. The U.S. Department of Health and Human Services reports that more people died from drug overdoses in 2014 than in any year on record, with the majority of drug overdose deaths (more than six out of ten) involving an opioid. In fact, drug overdoses […]

Share

Continue Reading »

General Wellness Products Get FDA Okay

By on August 3, 2016 in FDA with 0 Comments

The buzzword “wellness” has permeated the healthcare industry for the better part of a decade, with everyone from insurance companies, to hospital systems, to acupuncturists, to even cellular phone manufactures promoting “wellness.”  Given the ambiguous meaning of “wellness,” the Food and Drug Administration (FDA) recently jumped into the ring and issued non-binding guidance that it […]

Share

Continue Reading »

Health Equity Rule Issued under the Affordable Care Act

By on June 20, 2016 in Affordable Care Act with 0 Comments

On May 13, 2016, the Department of Health and Human Services (HHS) Office for Civil Rights issued a Final Rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities receiving federal financial assistance. Entities […]

Share

Continue Reading »

Court Finds Terms in Hospital Invoices to be Unenforceable

By on May 5, 2016 in Medical Records with 0 Comments

On April 22, 2016, the New Jersey Appellate Division found that a hospital’s medical records processor could not enforce an arbitration clause, which was included in an invoice for fees charged in response to a request for medical records.[1] A law firm, on behalf of and authorized by its client, requested Medical Records Online Inc. […]

Share

Continue Reading »

Can a Corporation Be Your Doctor?

By on April 21, 2016 in Uncategorized with 0 Comments

With the recent and continuing proliferation of ambulatory care facilities, drug treatment facilities, and diagnostic, therapeutic, and ancillary care services frequently under the same roof as medical practices, it is essential that physicians and other licensed practitioners ensure that the structure of their practice complies with the Corporate Practice of Medicine (CPOM) doctrine and associated […]

Share

Continue Reading »

In Case of First Impression District Court Expands the Reach of the False Claims Act

By on March 14, 2016 in Uncategorized with 0 Comments

In a recent decision, Druding v. Care Alternatives, Inc.[1], the United States District Court for the District of New Jersey held that Medicare hospice certification provisions are conditions of payment, thereby effectively expanding the reach of the False Claims Act (“FCA”). The Defendant in the matter is a for-profit provider of end-of-life hospice care in […]

Share

Continue Reading »

Top