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Frier Levitt Protects Medical Practice Against Putative Class Action Lawsuit for Alleged Protected Health Information (PHI) Disclosure

Frier Levitt successfully defended a medical practice in a lawsuit alleging various breaches including doctor-patient privilege, invasion of privacy, duty of care and NJ Consumer Fraud Act. The medical practice was sued along with a collection attorney for the alleged disclosure of PHI. Frier Levitt immediately filed a motion to dismiss on the basis that the information disclosed in a medical bill was not a violation of the doctor-patient privilege since...

Middle District of Florida Vacates $350 Million Dollar False Claims Act Judgment

A new opinion out of the Middle District of Florida illustrates a growing judicial trend that follows on the heels of the Supreme Court's landmark False Claims Act (FCA) decision in Universal Health Services, Inc. V. Escobar, 136 S.Ct. 1989 (2016), in which courts demand that relators demonstrate "meaningful and competent proof that the federal or the state government, if either or both had known of the disputed practices [alleged...

District Court Orders DHHS to Reevaluate Out-of-Network Payment Regulations Relating to In-Hospital Emergency Medical Services

Commercial payors are not the only entities that complicate the ability of out-of-network providers to be justly compensated for their services – the agencies that regulate such payors, and in particular the Department of Health and Human Services (DHHS), are often equally to blame, as they issue the regulations under which payors must operate and, often, manipulate to their advantage.  Out-of-network providers are not without recourse in this regard, however,...

When Your Medicare Privileges Are On the Line – Don’t Ignore Emergency Judicial Measures

While always a gamble, when a provider is faced with the prospect of losing their Medicare privileges based on allegations of fraud, waste or abuse, filing for a Temporary Restraining Order (TRO) against the government to halt termination may pay substantial dividends.  Recently, Frier Levitt was retained by a large laboratory that had received notice from the Centers for Medicare & Medicaid Services (CMS) that its Medicare billing privileges would...

PROVIDER ALERT: Medicare Advantage Organizations Have Been Wrongfully Terminating Physicians with Little to No Notice and Little to No Cause

In recent months, Medicare Advantage Organizations (MA Organizations) across the country have been on a network termination binge – often terminating physicians without sufficient (or sometimes any) notice and opportunity to appeal. These terminations have been effectuated by, among other means, denying physicians' recredentialing applications, with MA Organizations offering very little in the way of legal justification.  The Centers for Medicare and Medicaid Services (CMS) have promulgated regulations specific to...