Helping health professionals for over 25 years.

FAQ

Florida Emergency Order – Generators Required for all Nursing Homes

ByJoseph G. Sapp, LL.M. In the wake of hurricane Irma, Governor Rick Scott passed an emergency order requiring AHCA and […]

Big-box Pharmacy Managers Facing Criminal Allegations for Inventory Discrepancies

A warning to all pharmacists working with large-scale commercial retail pharmacies. Recently, there has been a disturbing trend regarding pharmacists […]

The False Claims Act: A Gold Mine for the Federal Government And Whistleblowers

The Federal False Claims Act (“FCA”) creates civil liability for entities that falsely or fraudulently contract with the government to […]

Can Pharmacies Waive Patient’s Copays and Deductibles as they Please?

by Juan Santos, Esq. The short answer is NO. The main reason is the Federal Anti-Kickback Statute (“AKS”), which prohibits […]

Ohio’s Proposed Disabled Physician Rule: Non-Disciplinary Track for Mental or Physical Illness

By Laura A. Perkovic The State Medical Board of Ohio Policy Committee has proposed a revision to the Ohio Administrative […]

State Medical Board of Ohio’s Changes to Standards and Procedures for the Operation of a Pain Management Clinic

The proposal amends Ohio Administrative Code Section 4731-29-01 effectively narrows the definition of a pain management clinic. The significant changes […]

HPRP No Longer Protects Participants’ Professional Licenses

By Aaron J. Kemp During the last six months, several clients of Chapman Law Group who are HPRP participants have […]

How Did We Get Here? An Exploration Of Anti-Kickback Statute Case Studies

By Ronald Chapman II, Esq. The Anti-Kickback Statute 42 USC 1320a-7b(b) prohibits any remuneration of any form or any kind […]

A Physician’s Guide To Avoiding DEA Regulatory And Criminal Investigations: Best Practices For DEA Compliance

By Ronald W. Chapman II, Esq. Physicians and other health professionals face increased scrutiny from federal authorities, including the HHS, DEA, […]

3 Quick Things Every Health Professional Should Know About Drunk Driving in Michigan

by Robert Andretz 1. A Conviction for OWI/OWVI Is a Misdemeanor That Must Be Reported to LARA As a licensed […]

Criminal Liability for Health Care Organizations in Ohio

By Laura A. Perkovic Both organizations and individuals can be held liable for crimes in Ohio. This is especially relevant […]

Criminal Evidence in Health Care Billing Fraud Cases

By Laura A. Perkovic Health care billing fraud cases involve a great deal of data and documentation which can, by […]

Ohio Medical Marijuana – Can Health Care Providers Partake?

By Laura A. Perkovic The law legalizing medical marijuana in Ohio became effective on September 6, 2016, but it involves […]

Ohio Criminal Sentencing – Using Medicaid Fraud As Example

By Laura A. Perkovic In a previous article, I explained the basics of Federal sentencing in the health care fraud […]

A (Very) Basic Overview of Health Care Fraud Sentencing in Federal Court

by Laura A. Perkovic A lawyer defending a federal health care fraud case can give a ballpark estimate (but certainly […]

Unreported Conviction? – License Renewal Opportunity

By Aaron J. Kemp Health professional licensees with a conviction that they have failed to report to their licensing board […]

Possible Changes to Asset Forfeiture In Health Care Fraud Cases

by Laura A. Perkovic Asset forfeiture can seem like a harsh form of justice and an added layer of punishment […]

Ten Things to Know About the Privacy of Substance Abuse Treatment Records

by Laura A. Perkovic Health care providers are well aware of their obligations under HIPAA to safeguard protected health information. […]

Florida’s Proposed Medical Marijuana Regulations

Florida’s Amendment 2, allowing marijuana use for certain medical purposes, passed on November 8th, 2016. While the law became effective […]

Michigan Joins Florida in Licensing Midwives

By Carly Van Thomme, Esq. Earlier this month, Governor Rick Snyder signed a new law providing for licensing of Certified […]

Medicaid Fraud Investigation Process and Penalties

By Laura A. Perkovic Medicaid provider fraud is a unique focus area of health care fraud prosecutions, involving highly specialized […]

DEA Changes Renewal Notice Policy and Threatens to Eliminate Renewal Grace Period

Alert: If your DEA renewal application is not received prior to the expiration of your DEA registration, you will not be allowed […]

Mental Health Professionals May Soon Be Liable For Failure To Report Patient’s Intent To Harm Others

by Ronald W. Chapman, Sr., M.P.A., LL.M. Under common law and most state statutes a mental health professional is only […]

DEA Pharmacy Inspection Checklist [Download]

  By Ronald W. Chapman, II

Protecting Peer Review, Morbidity/Mortality Information in Federal Litigation

By Kevin A. McQuillan The need to protect confidential medical records can arise in many different contexts including but not […]

Anti-Kickback Employee Safe Harbor, Overused and Often False Sense of Security

by Juan C. Santos, LL.M. During the past 5 years, the Department of Justice and the Office of the Inspector […]

Ron Chapman Speaks to NBC 2 About Florida Nurses Being Unfairly Forced in IPN

Last night, NBC 2 Fort Myers investigators spoke to attorney Ron Chapman about Florida nurses being forced into IPN, whether […]

ALERT: Florida Board of Pharmacy Changes 40 Hour Requirement

by Joseph G. Sapp, LL.M. On August 23, 2016 the Florida Board of Pharmacy amended its rule regarding the regulation […]

Moratorium on New Home Health Agencies Leads to New Opportunities for Existing Investors

By Joesph G. Sapp, LL.M. Bad news for new applicants for Medicare certification for home health care providers seeking certification […]

ALERT: CMS 60 Day Rule Violation Leads to a Multi-Million Dollar Settlement

By Ronald W. Chapman, LL.M. St. Luke’s Roosevelt and Mount Sinai Beth Israel hospitals (New York) recently felt the sting […]

When Meaningful Use is No Longer Meaningful

How Improper Implementation of Electronic Medical Records Can Lead to CMS Suspension, Exclusion and Indictment Under the False Claims Act By Joseph […]

The Pittsburgh Post-Gazette Interviews Ronald Chapman, II About DEA Registration Surrenders

Attorney Ronald Chapman, II tells the Post-Gazette that physicians often surrender their DEA registration during raids because of fear of further […]

A Guide To Health Care Fraud Defense

Chapman Law Group is a multi-state health care law firm dedicated to the defense of health professionals and health care […]

HIPAA, HITECH, ePHI, and Significant Sanctions For Covered Entities and Business Associates

On February 17, 2009 Congress enacted the American Recovery and Reinvestment Act (“ARRA”).[1] Although ARRA was mainly created as a […]

Home Health Fraud Alert

“In fiscal year 2015 Medicare reimbursed more than 11,000 home health agencies for almost 7 million episodes of home health […]

False Claims Act Monetary Penalties Almost Double Starting August 1st

by Ronald Chapman Yesterday, the DOJ issued an interim rule that will nearly double the penalties for False Claims Act […]

Just Culture and the Tragedy of the Twin Casualties of Medical Error

NBC News recently highlighted the suicide of a longtime critical care nurse at Seattle Children’s Hospital. She committed suicide seven […]

Avoiding HIPAA Security Breaches Requires “Organization-Wide Analysis”

By Carly Van Thomme, Esq. As medical organizations store more patient records electronically, entities covered under HIPAA will face new […]

Obtaning Nonmedical Immunization Waivers in Michigan

By Carly Van Thomme, Esq. As of January 1, 2015, there are new requirements for nonmedical immunization waivers that apply […]

Improper Coding Could Lead To A Criminal Conviction And Exclusion

As the federal government is casting a wider net to detect and prosecute fraud in the medical industry, the question […]

Free Introductory Patient Visits For Home Health Providers May Not Be A Kickback

What are OIG Advisory Opinions? The Federal anti-kickback statute effects business relationships in the health care, pharmaceutical, and medical device […]

Asset Forfeiture or Asset Seizure

What is Asset Seizure and Forfeiture? The first thing the Department of Justice (DOJ), FBI or DEA will do when […]

What Every Health Professional Should Know About Driving Under the Influence of Drugs in Michigan

Nearly all providers prescribe substances that have an impact on their patients’ ability to drive. In addition, many health professionals […]

DEA Red Flags That Can Trigger DEA Investigations (Raids) into Your Pactice

By Ronald W. Chapman, II The Drug Enforcement Administration (DEA) office of diversion uses “red flag” indicators to determine which […]

Health Provider Implications In New Gun Control Executive Orders

By: Ronald W. Chapman II President Obama’s recent executive action regarding gun control is likely to spark some confusion among […]

Top 10 Tips for Physicians To Avoid Prosecution for Over Prescribing

By Ronald W. Chapman, II With increased regulation in the health care industry, physicians, now more than ever, are being […]

CDC Issues Proposed Guideline for Prescribing Opioids for Chronic Pain

By Ronald W. Chapman, II On December 14, 2015, the CDC and HHS issued proposed guidelines for the prescription of […]

Quick Deposition Tips for Health Care Professionals

By Carly Van Thomme Sometimes when a patient is involved in a lawsuit, a health care professional must give a […]

Should Michigan Begin Licensing Certified Professional Midwives?

By Carly Van Thomme Michigan legislators are considering House Bill 4598 and Senate Bill 383, both of which would enact […]

Introducing the Newly Established Bureau of Professional Licensing

By Robert A. Welch, Jr. In July 2015, the Bureau of Health Care Services was split in to two separate […]

Unfreezing Financial Assets to Allow Criminal Defendants to Hire an Attorney

Once the government establishes that there is probable cause that a defendant has committed health care fraud, the government may […]

Creative Marketing Can Lead to Anti-Kickback Violations

by Ronald W. Chapman Marketing and promotion are part of every successful business. Marketing and promotion require creativity. Unfortunately, novel […]

Qui Tam Lawsuits – Good or Bad Policy

By Ronald Chapman The False Claims Act (FCA) 31 U.S.C. § 3729 and Qui Tam litigation provide a valuable service […]

What to do if You Receive a Federal Grand Jury Target Letter

The first contact to a Defendant in a health care fraud case is usually by way of a Grand Jury […]

Cooperating with the Government in a Medicare Fraud Investigation and Prosecution

By Ronald W. Chapman II Recent data from the United States Sentencing Commission (USSC) confirms that ninety six percent (96%) […]

Proffer, Plea and Cooperation Agreements for Criminal Defendants

By Ronald W. Chapman II When a criminal Defendant makes the decision to cooperate with the government, the negotiation of […]

What Physicians Should Do When Pharmacies Refuse to Fill Their Prescriptions

Just like physicians, DEA regulations require that Pharmacists bear responsibility for ensuring that prescriptions are valid and for a medical […]

Responsible Opioid Prescribing Practices and Monitoring for Pain Management [Audio]

Ron Chapman, II spoke to providers about responsible opioid prescribing and monitoring for pain management from an evidence-based best practices perspective at […]

Why You Shouldn’t Voluntarily Surrender Your DEA Registration

By Ronald W. Chapman, II The story has been repeated thousands of times in recent history: An agent garbed in […]

The Dreaded HHS Drug Utilization Review Board Letter re Morphine Equivalents, What Does it Mean?

The Michigan Health and Human Services Drug Utilization Review Board (DUR) monitors the safety of medication use and prescribing trends […]

Kickbacks are Illegal … So What is a Kickback… It’s More Than You Think!

Physicians or other medical providers are not allowed to induce or encourage referrals for medical services that are paid by […]

Legal Risks in Urgent Care Medicine

Due to recent trends in health care, urgent care centers (UCCs) and their physicians are increasingly being sued for medical […]

False Claims Act Penalties: Civil and Criminal Penalties

The United States Government is making a strong commitment to investigate and target fraud within federal programs.There has been a […]

New Michigan Mammogram Patient Notification Requirement

By Carly Van Thomme, Esq. As of June 1, 2015, pursuant to MCL 333.13524, a “person who provides mammography services” […]

OIG Self-Disclosure Protocol: Consider the Potential Benefits

Attorneys for Medicare Fraud and Medicare Compliance Matters in Florida and Michigan. Physicians and other medical providers have a responsibility […]

Can I Get My Nursing License With A Criminal History or Prior Conviction?

In Florida all health care workers are required to undergo a level 1 or level 2 criminal background screening through […]

$712 million Medicare Fraud Takedown – Largest Medicare Fraud Case in History Names 73 from Florida and 16 from Michigan

Yesterday the Department of Justice (DOJ) announced a $712 million Medicare Fraud takedown by the Medicare Fraud Strike Force. It […]

Supervisory Status Alone is Not Enough to State a Claim Under 42 USC §1983

By Kimberley A. Koester, Esq. When prisoners file lawsuits, in addition to prison and medical staff, they often sue the […]

Prisoner Plaintiffs are not Entitled to Physical Exams or Have Expert Witnesses Paid for by the Court or Defendants

Inmates often request that the court order an independent examination under Fed, Rule Civ. Pro.  35.  That rule provides in […]

Is Emotional Distress Alone Insufficient Under 42 U.S.C. § 1983?

By Carly Van Thomme, Esq. Yes, emotional distress alone is insufficient under 42 U.S.C. § 1983 and 42 U.S.C. § […]

Termination for Failure To Meet Hospital Policies and Procedures May Lead to an Administrative Complaint

By Robert A. Welch, Jr. The Board of Nursing does not require any per se violations of the public health […]

Fighting “Pill Mill”, Unlawful Prescribing and Drug Diversion Allegations

Posted by Ronald W. Chapman, II Why Am I Being Targeted? Over the last decade, federal and state prosecutors have […]

How to Choose the Right Attorney to Defend Health Care Fraud, Medicare Fraud, Stark, Anti-Kickback, False Claims, and Drug Trafficking Charges

State or federal prosecutors and law enforcement agents targeted you and your practice for suspected criminal violations . . . […]

What To Do If You Are Accused of Drug Diversion or Stealing Drugs

Most often employers report nurses and other health care professionals for alleged drug diversion and/or failure to properly document medication […]

What Happens if You Fail a Pre Employment Drug Test or Random Employment Drug Test

Failing a pre employment drug test or random employment drug test is a very serious matter and could be the beginning of […]

Do Indigent Persons Have To Pay For Medical Records in Michigan?

The public is generally aware that under HIPAA and other medical privacy laws, they are both entitled to privacy concerning […]

Michigan’s New Pharmacy Technician Licensure and Certification Act – Public Act 285

By Robert A. Welch, Jr. On December 22, 2014, 2014 P.A. 285, referred to as the Pharmacy Technician Licensure and […]

U.S. Court of Appeals Keeps the CMS RAC Program in Limbo

By Ronald W. Chapman Bad news for the CMS “recovery audit contractor” (RAC) program started in 2008, but potentially good […]

What to Do If a DOH or LARA Investigator Wants To Talk To You

Do not speak to, or meet with, a Department of Health or LARA investigator until you speak to a professional licensing attorney. […]

What to Do If You Receive a Letter from LARA Regarding an Investigation into Your License

I received a letter from the Michigan Department of Licensing and Regulatory Affairs (LARA) regarding an investigation. What should I […]

Should I enter the Health Professionals Recovery Program (HPRP)?

***CLASS ACTION FILED AGAINST HPRP*** Click here to read about our case against HPRP HPRP is not right for everyone […]

I Received a Letter From the Florida Department of Health (DOH) Regarding an Investigation. What Should I Do?

Chart of Florida Administrative Complaint Process for Health Professionals The investigation letter is the beginning of the professional licensing discipline […]

What To Do If A Complaint Is Filed Against You With The Department Of Health (DOH)

There is a difference between an administrative complaint and the initial complaint. An administrative complaint is filed by the relevant […]

Stark, Anti-Kickback, False Claims Act Hypothetical Analysis

By Ronald W. Chapman Hypothetical: In our hypothetical a cardiologist with a large practice wishes to invest in a joint […]

Executive Management Compensation Analysis For Tax Exempt Charitable Organizations…The Need to Properly Assess Executive Compensation or Face Severe Consequences!

  By Ronald W. Chapman Issue: Tax exempt 501(c)3 charitable organization could lose their tax exempt status or be severely […]

Wrongful Death Damages Limited in Many Inmate Cases

by Carly Van Thomme EXECUTIVE SUMMARY: Under 42 U.S.C. § 1983 in the Sixth Circuit, the recoverable compensatory damages in […]

What is Florida’s Professionals Resource Network (PRN)?

It is not uncommon for health professionals at some point in their careers to experience events which lead to a […]

Reporting a Health Care Employee to DOH May Result in Liability

By Carly Van Thomme, Esq. While in many cases, those who report health care workers to the Department of Health […]

Licensing Sanctions Against Michigan Allied Health Professionals in 2014

By Robert A. Welch, Jr. The University of California San Francisco recently published that the allied professions together represent over […]

“Serious Medical Need” in the Corrections Environment

by Carly Van Thomme EXECUTIVE SUMMARY: Under 42 U.S.C. § 1983 in the Sixth Circuit, there are several different scenarios […]

Violations of Internal Policies Do Not Equate To Constitutional Violations

by Kimberley A. Koester Too often plaintiffs assume when an internal policy of a police department, jail medical section, or […]

The Administrative Remedies Provision of 42 USC §1997e Does Not Apply If the Inmate Is Not Incarcerated at the Time of the Filing of the Complaint

One of the first defenses raised in inmate litigation is the failure to properly pursue administrative remedies.  Federal statute 42 […]

Prisoners Have No Constitutional Rights to Outside Medical Care

When the Eighth Amendment to the United States Constitution was drafted, the American draftsmen borrowed from the English the phrasing […]

Failing to Safeguard Patient Privacy May Impact Your Professional License

by Robert A. Welch, Jr. Health care providers have a general duty to safeguard the privacy of their patient’s individually […]

How to Help Protect Your Medical or Nursing License Following a DUI

You’ve likely heard horror stories about fellow health professionals losing their license because of a DUI, or being forced into […]

If I receive an Administrative Complaint, what should I do?

An administrative complaint is the beginning of the formal process. Unless an emergency suspension has been entered you are still […]

Cost Containment in Inmate Health Care Is Not Deliberate Indifference

by Ronald W. Chapman, MPA, Esq. Simpkins v. Corr. Corp. of Am., 2007 U.S. Dist. LEXIS 75440, 24-25 (M.D. Tenn. […]

Social Media Activity Investigations By State Medical Boards

  by Robert A. Welch, Jr. Social media is not only a way to keep in touch with your friends […]

Scope of Practice / Practice Act

Health care is a dynamic field, continually evolving with new technology, treatments and procedures which involve sophisticated patient care activities. […]

How Regulation Affects Quality, Cost, Autonomy and Access to Health Care

  by Ronald W. Chapman The United States spends more on health care than any other country and yet ranks […]

What to Do If You Receive an Emergency Suspension Order (ESO) Against Your Medical or Nursing License

An emergency suspension is very serious and can only be granted if you possess a clear and present danger to […]

What to Do If You Receive a Summary Suspension of Your Medical, Nursing or Other License

In Michigan, the State must show that “emergency action is required to protect the health safety and welfare of the […]

Should I Voluntarily Surrender or Relinquish My Medical License or Nursing License?

Remember relinquishing a professional license is forever! You agree to never apply again! Therefore, never agree to relinquish your license […]

Can I Continue to Work During Administrative Action?

Health professionals often experience a great deal of confusion about whether they are subject to restrictions on their ability to […]

What Physicians Should Know About Administrative Proceedings Insurance Coverage

If you practice medicine without sufficient professional liability insurance (PLI), you are exposing your medical license to serious risks. Medicine […]

The Difference Between a Medical Malpractice Claim and a Deliberate Indifference(42 § USC 1983 Civil Rights) Claim

Healthcare professionals in the private correctional healthcare business are often faced with law suits involving multiple claims. In most cases […]

Medical Claims Audit FAQ

1. My practice is the target of a medical claims audit, what should I do? Audits are becoming more frequent […]

Will IPN protect my license?

Yes, IPN can help protect your license, but there are also other options that can help protect your license. The […]

Will HPRP protect my license?

***CLASS ACTION FILED AGAINST HPRP*** Click here to read about our case against HPRP Yes, HPRP can help protect your […]

How much does HPRP cost?

The costs of maintaining a compliant status in Michigan’s Health Professionals Recovery Program (HPRP) are very high and the Health Professional […]

Does a DUI Affect Your Nursing License or Medical License?

A DUI does not need to be a career ending event for licensed health professionals. However, a DUI conviction is […]

Dangers of Health Care Fraud Statute 456.0635

Dangers that every Florida health professional should be aware of. Background In 2009 the Florida legislature passed a bill creating […]

Should I Self-Report a DUI to the Board?

You must report a DUI or DWI to the licensing board, however, you should consult an attorney to help you […]

Depositions: Uses and The Need For Preparation

Depositions are used by both sides in the litigation process to gather information about a pending case. A deposition is […]

Early Termination or Adjustment to IPN Contracts

Florida’s Intervention Project for Nurses (IPN) was established by legislation enacted in 1983. However, IPN is not a State of […]

When Office Politics Result in a Referral to IPN or PRN

Health care practitioners need to be aware that there is an increasing risk that their employers might refer them to […]

Changes to The Michigan Public Health Code

If you are a doctor, nurse, physician’s assistant, certified nurse assistant, physical therapist, chiropractor, therapist, psychologist, psychiatrist, or if you […]

Trends in Licensing Sanctions Against Counselors, Psychologists, Social Workers, and Marriage and Family Therapists in 2014

Mental health counselors and marriage and family therapists help people manage and overcome mental and emotional disorders and problems with […]

Vicodin and Other Hydrocodones to Become Schedule II Drugs – DEA Says

by Ronald W. Chapman, II The U.S. Drug Enforcement Administration (DEA) has published its final rule that places a more […]

Florida Docs vs. Glocks Law Faces Repeal

Posted by Ron Chapman The Florida Docs vs. Glocks law has recently come under national scrutiny after Obama issued an […]

New Medical Malpractice Legislation to Strengthen Tort Reform

Posted by Ron Chapman Governor Rick Snyder signed Senate Bills 1115 and 1118 into law on January 9th. The Sentate […]

CMS Proposed Rules will Lead to an Increase of Investigations for Medicare and Medicaid Fraud

Posted by Ronald W. Chapman, II On January 6, 2014 The Department of Health and Human Services, Centers for Medicare […]

Temporary Medicaid Reimbursement Increase has Physicians on the Fence

Posted by Ron Chapman The federal health care law will temporarily increase Medicaid reimbursements for physicians by 64% on January […]

Medicare Fraud Detection System Increases Likelihood of Medicare Fraud Investigations

Posted by Ron Chapman Last month the government opened a $3.6 million anti-fraud command center in another effort to reduce […]