It is not uncommon for a medical practice to expect physicians to abide by a non-compete agreement. This piece will discuss the basic elements needed for a non-compete to survive a legal challenge. What is a non-compete agreement? A non-compete agreement is a...
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NY nurse accused of stealing medical devices
The Nassau County District Attorney recently announced the arrest of a nurse from Queens. The nurse allegedly stole over $30,000 in medical equipment from a local hospital. The allegations have led to charges of third-degree grand larceny. What evidence did the...
Study finds doctor burnout leads to increased risk of error
Medical professionals work long hours, often in highly stressful environments. As such, it is no surprise that many doctors find themselves battling professional burnout. It is important to address any feeling of emotional exhaustion — according to a recent...
NY surgeon accused of misreporting surgical outcomes
The Department of Veterans Affairs’ (VA) Office of Inspector General (OIG) recently investigated a New York Veterans Affairs’ hospital. The agency’s investigation was prompted by allegations a surgeon employed at the hospital misreported surgical...
Will the OIG make changes to the anti-kickback statute?
The law is always evolving. This is true whether discussing tax law, family law or the laws that impact health care. The tax code, for example, was the subject of the largest overhaul in recent history with the passage of the Tax Cuts and Jobs Act at the end of 2017....
Over 200 in Westchester and Rockland lost Medicare privileges
Medical professionals often rely on payments from Medicare for services provided to patients. The United States Department of Health and Human Service’s Centers for Medicare and Medicaid Services administers this program and requires medical professionals meet...
DOJ accuses provider of failure to comply with investigation
The Department of Justice (DOJ) has petitioned the court to force provision of oral testimony deemed "relevant to a false claims law investigation." The government has accused a group that sponsors Medicare Part C insurance plans of "knowingly disregarding its duty to...
Does HIPAA really protect patients’ privacy?
Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to help ensure the protection of patients’ medical records and personal health information. The rule sets boundaries on the use and release of medical records, established safeguards...
Healthcare provider accused of upcoding
A data analytics firm has accused a healthcare provider of False Claims Act violations. The group states the provider illegally received payment for over $188 million in Medicare claims. If the suit is successful, the firm would receive a portion of the winnings.The...
Effort to combat opioid abuse: Johns Hopkins provides guidance
The Department of Justice (DOJ) continues to crackdown on the illegal prescription of opioids. Attorney General Jeff Sessions has made clear his focus on opioid-related health care fraud and the prosecution of healthcare professionals that allegedly contribute to the...

