Healthcare Matters

A Complimentary Newsletter From:

Barmak and Associates, LLC

Managing Risk for Long Term Care and Health Care Providers

Volume 15, Issue 6 ADVERTISEMENT June 2014

In This Issue

New Survey Tools Proposed

LA Pharmacy Owners Admits to Healthcare Fraud

Webinar Presented by Brandon C. Goldberg, Esq.

David Barmak, Esq.

Matthew Streger, Esq.

Of Counsel

Brandon Goldberg, Esq.

Jennifer Cohen, Esq.

Gerald V. Burke, M.D., Esq.

Click on Attorney's Picture for More Information

New Survey Tools Proposed

By: Brandon . Goldberg, Esq.

In recent months, several federal government reports have proposed new standards and tools for use by state surveyors. The reports cover a variety of topics, including long term care resident adverse events and emergency preparedness. Generally, the reports present an analysis of a study conducted in the health care industry and offer guidelines for how the industry can be strengthened. Proposals, including tools for surveyors in many cases, are put forth to assist in meeting higher standards of care and operation.

These and other similar tools are actually adopted by surveyors. It will be important for providers to ensure they are working off of the same models. The benefit of these tools being widely advertised is that providers have access to the standards by which they will be held accountable. The coverage of surveys may be increasing, but so is the empowerment of the providers to meet these heightened standards. Upgrading internal procedures to meet these new standards can go a long way toward handling future surveyors' expectations. Additionally, effective auditing programs should incorporate these future adopted models.

Final adoptions of new procedures may not perfectly reflect the proposals, and so it is important to stay up to date on reports and standards being produced by the government. As surveyors alter their focus and techniques, the best way to be prepared is to utilize the same information and documents that the surveyors will themselves use.

If you have any questions regarding particular standards and tools that have been proposed or implemented, please contact Brandon Goldberg, Esq., at bgoldberg@barmak.com or 609-454-5351.

Louisiana Pharmacy Owner Admits to
Healthcare Fraud

Mona Patrice Carter, owner of Community Pharmacy in Baton Rouge, pleaded guilty in Federal Court for directing a $2.25 million Medicare fraud scheme that repacked unused prescription drugs and selling them as new.

She admitted that from January 2008 to February 2013 she paid workers in increments of $100 to $300 at nursing homes and mental health facilities to collect and return unused prescription drugs to her pharmacy. Once the drugs were delivered to Community Pharmacy they were repackaged, redistributed and sold as new effectively billing Medicare twice for the same prescription medicine.

The case was investigated by the Medicare Fraud Control Unit of the Louisiana State Attorney General 's Office, the FBI and the US Department of Health and Human Services Office of the Inspector General.

Carter could face 10 years in prison and fines, the Bureau of National Affairs reported. Sentencing will be announced at a later date.

Brandon C. Goldberg, Esq., Presents Nationwide Webinar

Mr. Goldberg recently served as a co-presenter on a nationwide webinar to an audience of long term care attorneys. Hosted by the American Bar Association's Long Term Care Task Force, the presentation covered a wide range of new issues facing long term care facilities and related industries, including hospices and medical equipment companies. Mr. Goldberg offered information regarding new proposals and standards being implemented in Washington, D.C. and provided guidance to his colleagues on how to best serve their clients in preparing for and meeting the challenges of today's health care legal environment. The webinar was presented on June 9, 2014 and was entitled "Survey of Hot Topics Facing Long Term Care Providers."

Barmak and Associates, LLC

Our law firm provides integrated regulatory, transactional, employment and litigation/advocacy services to healthcare organizations.

Representative Clients:

Entities: Skilled nursing facilities; Home health agencies; Hospice agencies; Hospitals.

Providers: Physicians; Therapists; Orthotists and Prosthetists

Suppliers: Durable medical equipment; Long-term care pharmacies; Retail pharmacies.

Businesses: Billing; Management service organizations; Independent provider associations

Regulatory Issues: Corporate Compliance Programs (Fraud, waste & abuse; Privacy & Data Security; Employment); Healthcare facility; Licensed Professionals; Medicare & Medicaid (certification, survey and reimbursement); Auditing (legal; clinical; administrative; and reimbursement).

Transaction Issues: General Counsel Services; Contracts.

Employment Issues: Wage and hour; Equal employment opportunity; Discrimination; Whistle-blowing; Employment agreements; Severance packages; Employee release agreements, Non-compete agreements; Non-solicitation agreements; Confidentiality agreements, Employee leave issues, Electronic monitoring and employee privacy, Employee separation (suspensions, terminations and reductions in force); Documentation.

Litigation/Advocacy: Contracts; Employment; Fiduciary issues; Commercial leases; Payment (Managed Care Organizations; Medicare; Medicaid); Guardianship; Professional and facility licensing; Healthcare regulatory; Fraud and privacy issues.

The recipient may, if the newsletter is inaccurate or misleading, report the same to the Committee on Attorney Advertising.

This newsletter has been prepared by Barmak and Associates, LLC for informational purposes only and is not intended to provide legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

For more information, please contact:

David S. Barmak, Esq.

Telephone (609) 454-5351
Fax (609) 454-5361

www.barmak.com

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