Recent Publications - Health Services


Cannabis Investors and Producers Face Need for Due Diligence
September 1, 2020 | Cannabis

The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are getting themselves into. That is where “due diligence,” including understanding how the bankruptcy law applies to

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Ransomware Attacks Continue Unabated in the Era of COVID
June 10, 2020 | Privacy, Data & Cyber Law

On June 9, the Beazley Group, a specialty insurer affiliated with Lloyd’s Underwriters, issued a pointed reminder that, as we continue to fight the global pandemic of COVID-19, the cyber pandemic of ransomware continues.

According to Beazley’s Breach Response Services group, ransomware incidents in the first quarter of 2020 increased by 25% compared to Q4

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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | Compliance, Investigations & White Collar | Health Services

In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD).

By

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Kaiser Authors Article for Law360 on False Claims Act
May 13, 2020 | Compliance, Investigations & White Collar | Health Services

False Claims Act, Medical Necessity and Government Regulation of Medicine

In recent years, much attention has been paid to what makes a claim “false” under the False Claims Act (“FCA”) when the underlying misconduct is based on the alleged lack of medical necessity for the services provided.  Bearing on this issue are Court of Appeals

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Blue Bell Creameries Pleads Guilty to 2015 Listeria Outbreak, Former CEO Charged
May 5, 2020 | Commercial Litigation | Compliance, Investigations & White Collar

The United States Department of Justice (DOJ) announced that it had reached an agreement with Blue Bell Creameries of Brenham, Texas, to permit the company to plead guilty to two misdemeanor counts of distributing adulterated ice cream in violation of the federal Food Drug and Cosmetic Act and pay a criminal fine and forfeiture amount

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Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached
April 27, 2020 | Compliance, Investigations & White Collar | Health Services

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of

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Ullman Published in Nutrition Industry Executive
April 27, 2020 | Compliance, Investigations & White Collar | Health Services

Marc Ullman published an article in Nutrition Industry Executive entitled, “The ABH Nature’s Products Recall – Lessons for Own Label Distributors.”

Click here to read the article.

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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | Compliance, Investigations & White Collar | Health Services

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

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OCR Pushes Back Against Discriminatory State Triaging Guidelines
April 21, 2020 | Health Services

Two recent decisions of the Department of Health and Human Services Office for Civil Rights (OCR) illustrate that age and disability status cannot be used as blanket criteria for denying access to health care services, even during a pandemic. This should serve as a warning to healthcare providers about the risks in making triage decisions

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DOJ Charges California Physician with COVID-19 Fraud
April 20, 2020 | Health Services

On April 16, the United States Attorney’s Office for the Southern District of California charged Dr. Jennings Ryan Staley, a licensed physician and the operator of Skinny Beach Med Spa in San Diego, with mail fraud in connection with his offer to sell “COVID-19 treatment packs” to patients and the general public. Emails sent by

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