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What I Learned from a Federal Prosecutor Law Seminar: Pharmacies Under the Microscope in 2018 – Opioid Prescribing and Beyond

During a recent seminar on Federal and State Enforcement Priorities in 2018, Assistant United States Attorneys from the Eastern District of Pennsylvania spoke about the heightened criminal and civil scrutiny on pharmacies in the Commonwealth of Pennsylvania. Regarding the cause celebre – opioid prescribing – the focus will expand from the physician prescribers to the pharmacists and pharmacies. Opioid compliance plans will be essential for pharmacies to avoid criminal prosecution...

Frier Levitt Succeeds in Defending Physician Before Board of Medical Examiners

Frier Levitt recently represented a physician facing allegations of battery for failure to obtain consent before the Board of Medical Examiners. After a formal submission that explained the patient care provided, Frier Levitt clarified misinterpretations of the patient's account and provided documentation in support thereof. Frier Levitt had secured the closure of the case before the Board of Medical Examiners without the filing of disciplinary action and the matter will...

CMS Reviving Qualified Medicare Beneficiary Initiative to Curb Illegal Medicare Billing Practices

The Center for Medicare and Medicaid Services (CMS) is restarting an initiative designed to prevent providers from illegally billing certain Medicare beneficiaries. Federal law prohibits Medicare providers and suppliers from directly billing an individual enrolled in the Qualified Medicare Beneficiary (QMB) program for Medicare Part A and Part B.    The QMB program is a State Medicaid benefit that assists low-income Medicare beneficiaries with Medicare Part A and Part B premiums...

Frier Levitt Successfully Defends Nurse Against Patient Abuse Allegations

Frier Levitt recently represented a registered nurse accused of patient abuse and violations of nursing home protocols. After submitting a formal document that explained the patient care provided, Frier Levitt clarified misinterpretations of the patient's account and provided documentation in support thereof. Frier Levitt was able to secure the closure of this case before the Board of Nursing without the filing of disciplinary action and the matter will continue to...

Physician Billing: Defending the “Impossible Day” Case

A Newark, New Jersey, pediatrician was recently sentenced to 3 years in state prison for submitting fraudulent claims to the Medicaid program. At trial, the federal government focused on the fact that the physician’s bills alleged she worked for more than 24 hours in a day. This is yet another example of the government's increased efforts at targeting physicians who work an "impossible day."  Federal prosecutors rely upon an aggregation...