Attorneys at Sandberg Phoenix represent long term care and senior living industry throughout the Midwest and have a long history of litigating and winning cases concerning all areas of professional liability claims and representing clients before administrative and regulatory bodies. Committed to sharing their knowledge and insight with the people who need it most, the Long Term Care and Senior Living Blog addresses current topics and issues of vital importance to the senior living and long term care industries.

HIPPA’s Not Just For Covered Entities – Recent Enforcement Action Extends To Business Associates

On June 29, 2016, the Office of Civil Rights (OCR) announced a Resolution Agreement it entered with Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) a business associate of six nursing homes. This Resolution Agreement included a monetary payment of $650,000 and a Corrective Action Plan (CAP). The CAP requires CHCS to conduct…

Be Aware of New OSHA Requirements!

Nursing homes are at high risk for regulatory violations under new OSHA reporting rules. Steve Wilder’s article in Long Term Living Magazine outlines the new reporting rules while emphasizing the risks to long term care facilities. Senior living facilities with regulatory and compliance needs should seek out qualified legal representation for assistance. By Jonathan W. McCrary

Fraud and Abuse Update: Inflation Adjusted Rate Hikes Coming Aug. 1 for False Claim Act and Anti-Kickback Civil Money Penalties

PROVIDERS TAKE NOTE: CIVIL MONEY PENALTIES FOR FALSE CLAIM ACT AND ANTI-KICKBACK STATUTE VIOLATIONS WILL NEARLY DOUBLE AUGUST 1ST The Department of Justice (DOJ) released an interim final rule recently to update the minimum and maximum civil money penalties (CMP) for violation of the False Claim Act (FCA). Providers should be aware that the increases…

Massive National Health Care Fraud Takedown

Last week, the OIG reported charges against 301 individuals for approximately $900 Million in false billing as part of the largest false claim takedown. The takedown focused on a broad range of providers including home health companies, physicians, physical and occupational therapy clinics, infusion clinics, mental health providers, DME suppliers, and compounding pharmacies. Of importance,…

Hospital Alert – Medicare Update Mandates the Use of Modifier JW for Billing Discarded Drug Waste

Discarded pharmaceuticals and the high cost of drugs continue to receive attention in the news, as well as from the Centers for Medicare and Medicaid Services (CMS). In response to these concerns, CMS recently issued a mandate updating the use by hospitals of the JW modifier to document discarded drugs or biologicals in patient’s medical…

Elder Fraud in Health Care Targeted by the DOJ

The U.S. Department of Justice (“DOJ”), in trying to initiate quicker enforcement actions and prosecutions, has created several Elder Justice Task Forces to target health care providers who commit crimes in the service of the elderly. The Task Forces are comprised of representatives from federal, state and local law enforcement, the U.S. Department of Health…

Non-Economic Damage Caps Remain Constitutional in Wrongful Death Actions

On April 19, 2016, the Missouri Supreme Court issued its opinion in James Dodson, et al. v. Robert Ferrara, M.D., et al. The Court upheld Missouri’s 2005 “tort reform” non-economic damage cap as constitutional as applied in wrongful death cases. Basic Facts and Litigation History: On February 8, 2011, Shannon Dodson presented to the Mercy…

Protect Mental Health Records as Required by Law

It is well known that health care providers have a duty to comply with HIPAA when providing medical records upon request. Don’t forget health care providers in Illinois also have a duty to comply with the Mental Health Developmental Disabilities Confidentiality Act. 740 ILCS 110/1. In Stuckey v. Renaissance at Midway, 2015  IL App (1st)…

Hiring Excluded Healthcare Employees is a Costly Mistake

The Office of the Inspector General (OIG) released its report of Provider Self-Disclosure Settlements for the first quarter of 2016. During the first three months of 2016, the OIG reports that 8 health care providers self-reported employing individuals that the employer knew or should have known were excluded from participation in Federal health care programs….

March Missouri Legislative Update

Sandberg Phoenix & von Gontard’s Long Term Care Team is tracking certain bills passing through the Missouri legislature.  One of those bills that could greatly impact our clients is HB 2107 outlined below. House Bill 2107 – This bill would modify provisions relating to the collateral source rule and provides that parties may introduce evidence…

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2014 Sandberg Phoenix & von Gontard P.C. All Rights Reserved.

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