The ONC announced last Wednesday that the Medicare electronic health record (EHR) incentive payments will begin disbursement this week. The payments will be made to providers who have met all of the program conditions, including the meaningful use requirements. Eligible participants can expect to receive a payment based on 75%…
Wachler & Associates Health Law Blog
OIG Issues Unfavorable Opinion on Proposed Joint Venture
The Office of the Inspector General (OIG) issued an unfavorable advisory opinion with respect to a joint venture between a pharmacy and long term care facilities. The proposed arrangement would include a long term care pharmacy incorporated in the requestor’s market area. The owners of the long term care pharmacy…
Physicians Using EHRs Increased by 9%
The percentage of physicians in the United States using electronic health records (EHR) has increased by nine percent (20% to 29%) over the past twelve months. The push towards electronic records has been firmly supported by the current and previous presidential administrations. The Obama Administration aims to have at least…
Physician Convicted of Medicare Fraud for Violating the Anti-Kickback Statute
On May 4, 2011, the Seventh Circuit Court was faced with the issue of whether a doctor’s actions violated the anti-kickback statute (United States of America v. Borrasi). Dr. Roland Borrasi was convicted of Medicare fraud after he accepted payments in the form of a salary from a psychiatric hospital…
32 Employees Dismissed for Violating HIPAA
Two hospitals in Anoka County have fired 32 employees for accessing the medical records of patients without permission or a legitimate reason to do so. The employees accessed the medical records of certain patients that were hospitalized due to a massive drug overdose stemming from a party; the overdoses were…
RAC Recovered $237.8 Million in Six-Month Period
Recovery Audit Contractors (RAC) recovered $237.8 million in the six-month period that ended in March. This amount is already three times more than the amount of money recovered in the previous year. According to recent estimates, CMS alleges that the total sum of Medicare improper payments exceeds $47 billion annually.…
U.S. Attorneys Warn States About Potential Prosecution for Medical Marijuana Use
U.S. attorneys have issued letters to state officials addressing the illegality of medical marijuana. The letters were sent to several states (Washington, California, Colorado, Montana, and Rhode Island) warning them that everyone from licensed growers to regulators could be subjected to civil and criminal prosecution. These warnings have cause Washington…
Face to Face Checklist for Power Wheelchairs
The Centers for Medicare & Medicaid Services (CMS) recently published a checklist for physicians and treating practitioners to follow in order to help them comply with documentation requirements for the face-to-face examination that must occur prior to the physician ordering a Power Mobility Device (PMD) for a Medicare beneficiary. The…
Attestations To Meaningful Use Requirements Begin April 18
Registration for the meaningful use incentive program began January 1, 2011 with more then 20,000 doctors registering for the program. This program was implemented as a means to incentivize physicians and hospitals to utilize electronic medical record systems. Certain metrics were established and participants must comply with them for 90…
Phase 2 of DME Competitive Bidding Process Expected In Spring of 2011
The Durable Medical Equipment (DME) Competitive Bidding Program was implemented as a means to lower costs and improve beneficiary services in the DME industry. It consists of a bidding and selection process based on certain criteria determined by CMS. The Round 1 Rebid competition went into effect in 2009 across…