A recent U.S. Supreme Court decision in the case of Ruan v. United States clarified the “intent element” in prosecutions of physicians for violations of the federal Controlled Substances Act (“CSA”) that are based on allegations... Read More
This firm, in a series of articles, has made clear the importance of maintaining accurate information regarding physician profiles in the National Practitioner Data Bank ("the NPDB"), a database operated by the U.S. Department of Health and Human... Read More
Earlier this week, the U.S. Supreme Court ruled that to secure convictions under the federal Controlled Substances Act (“CSA”) for excessive prescribing of controlled substances, including opioids, prosecutors must prove beyond a reasonable... Read More
Licensees who have been the subject of an adverse legal action, such as a criminal charge, State licensing disciplinary matter, or adverse credentialing action, have a duty to report such action. The time limit for reporting varies. As such, it is... Read More
For the first time since 2013, on November 8, 2021, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) updated its Health Care Fraud Self-Disclosure Protocol (“SDP”). Originally published in 1998, the... Read More
The revocation of enrollment in the Medicare program is an ever-present threat for providers and/or suppliers (“health care providers”). Federal regulations allow the Centers for Medicare & Medicaid Services (“CMS”) to revoke the... Read More
In a prior article, we addressed mandatory exclusions from federally funded health care programs for certain criminal convictions, and the importance of "thinking globally" while resolving a criminal investigation. Put another way, collateral... Read More
In our prior articles in this series, we talked about subpoenas for evidence (Subpoena Duces Tecum), what they consist of and what they are used for, and then about the proper way to react when such a subpoena is served upon you. This article will... Read More
In our prior article in this series, we talked about subpoenas for evidence (Subpoena Duces Tecum), what they consist of and what they are used for. Now let's talk about how to react and what to do at the time of receiving the subpoena.... Read More
Simply put a subpoena is a legal document that compels under penalty of law either testimony or the production of documents, records, and other tangible evidence. There are two primary forms of subpoenas: a subpoena for testimony, (ad testificandum)... Read More
