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CLIENT ALERT: Medical Directorships the Subject of Anti-Kickback Scrutiny

A basic principle of health care law is that medical decision-making must be based on the best interests of the patient and not the economic interests of the provider. This principle is reflected the Anti-Kickback Statute (AKS) - which makes it a federal crime to offer, give, solicit or accept remuneration in exchange for the referral of health care services - and underlines investigations and prosecutions based on the AKS...

The Continued Scrutiny of Opioids: What Physicians and Pharmacists Need to Know

The war on opioids continues unabated, most recently with the Appalachian Regional Prescription Opioid Strike Force conducting another roundup. The roundup, which included the execution of search warrants, involved the charging of 60 people, including 53 medical professionals, with illegally prescribing controlled substances, which further supports the growing sentiment that the indiscriminate prescribing of opioids is the current hot-button item in medicine. The basic standard applied by authorities to individuals...

The Age of Compliance for Healthcare and Life Sciences Organizations

Compliance is a term that is bandied about often nowadays. It is one of the buzzwords in many professions, particularly in healthcare and life sciences, and has been for quite some time. There is a general realization that a compliance program is a positive, but yet many practices and organizations remain without one. So, what is a compliance program and why should you have one? Simply put, a compliance program...

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...
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