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Missouri & Kansas Impacted by Federal Appeal Court’s Split on Legality of Affordable Care Act Subsidies

In June 2012 the U.S. Supreme Court upheld the constitutionality of the individual mandate contained in the Patient Protection and Affordable Care Act (commonly referred to as Obamacare). That holding paved the way for the ACA to move forward but recent developments may cause the Supreme Court to consider a related issue: the ability of […]

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Merger Mania: Are Mergers the Best Path for Growing Dealer Organizations?

The equipment dealer industry has seen significant consolidation over the last several years and the pace is not slowing as dealers and manufacturers are pursuing ever larger dealer organizations and the resulting benefits that can be achieved if growth is done in the right way. Unlike consolidation occurring within many industries, equipment dealerships often grow […]

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How Improper Business Relationships Cost One Practice $14.75 Million

A jury recently reached a $14.75 Million verdict in Florida in a case between twoclinical laboratory companies arguing over sales and marketing practices that were potential violations of various state and federal laws. The lessons that follow are important for all medical practices.   Background The case began when Ameritox, Ltd. filed suit against its […]

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How to Dispose Protected Health Information

Entities covered under the HIPAA Privacy Rules face very high penalties for failing to properly handle protected health information (PHI) as one Indiana non-profit health care system learned to the tune of $800,000. If you handle PHI there is a good chance the privacy rules apply to you and you must ensure your staff follows […]

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Dealer Transfer Series: After the Transfer-Planning for Future Transfers or Break-Ups

Your dealership just completed a merger. You did everything by the book: took your time getting to know the other organization, set up a new organization, agreed to a fair value and established how the new ownership group would work together going forward. You will now be able to operate cohesively for years to come […]

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Physicians, Medical Groups Beware Recent OIG Special Fraud Alert Targets Lab Payments for Blood Specimens & Patient Data

The U.S. Department of Health and Human Services, Office of Inspector General(OIG) recently issued a Special Fraud Alert based on a concern that laboratory payments to referring physicians and physician group practices for blood specimen collection, processing, and packaging, and for submitting patient data to a registry or database could constitute illegal remuneration under the […]

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HHS to Continue 340B “Orphan” Drug Rule

In July 2013 the U.S. Department of Health and Human Services (HHS)issued a final regulation allowing 340B covered entities (public safety-net health providers) to purchase orphan drugs at the discounted 340B prices even when the drugs aren’t used to treat the rare disease or condition for which the drug obtained orphan status. However, in May […]

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Dealer Transfer Series: After the Transfer-Rules of the Road for Working Together

Completing a dealer transfer is hard work and often compressed into a short amount of time. For those involved in a merger, you might think of it as planning for a wedding … a lot of work culminating in a single day in which your life significantly changes. But once the day is over, the […]

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Physician Unhappy with Patient’s Online Comments Files Suit & Loses

Catherine Nazari, an unsatisfied plastic surgery patient, voiced her dissatisfaction with her physician Jean Loftus online. The comments were critical of Dr. Loftus, so Loftus filed suit for defamation and tortious interference. Unfortunately for the physician, and an important lesson for all physicians, the federal trial court in Kentucky ruled that a physician generally does […]

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Dealer Transfer Series: Planning Before the Transfer

The moment has arrived. After many years of hard work and countless conversations with family and other owners, you made the decision … I’m going to sell my dealership. But now what? Making the decision to sell your dealership is often the hardest part of the transfer process. But once that decision is made, other […]

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