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The District of New Jersey’s Creative Charging Greatly Increasing Physician Criminal Exposure

When dealing with white collar crime and fraud, federal sentencing guidelines largely reflect the amount of loss sustained. When it comes to the federal Anti-Kickback Statute (AKS)- which makes it a crime to seek, offer, give or receive any remuneration in exchange for the referral of a health care service- the loss is the amount of reimbursement from a federal healthcare program (Medicare, Medicaid, Tricare, etc.) for any service during...

CLIENT ALERT: NJ Medical Practices Receive Surprise Visits from DEA, Investigators for the Board of Medical Examiners, and Local Police

In an alarming trend, representatives of the DEA, investigators who bring matters before the New Jersey State Board of Medical Examiners, and local police have been combining their efforts together to make unscheduled, surprise visits to several New Jersey medical practices. The purpose of the visits ostensibly has been to conduct an inspection or execute a search warrant. However, during the visit there has been extensive questioning, even interrogation, that...

The Harvey Weinstein Effect: The Healthcare Industry is Not Immune

Harvey Weinstein and the too-many-to-be-named members of the media, entertainment and political arenas have once again pushed the issue of sexual harassment to the forefront. The silver lining is they have reminded us how much more needs to be done in order to eliminate this scourge from the workplace. In our role as health care legal counsel, we at Frier Levitt can state the obvious: the health care profession is not immune to this affliction....