Healthcare Law

Medscape publishes article co-authored by Founding Partner Keith W. Carlson and Senior Healthcare Attorney Kathy W. Nichols

Physicians and medical groups who mishandle a request for medical records or demands for overpayment run the risk of serious penalties. Medscape.com recently published an article co-authored by Founding Partner Keith W. Carlson and Senior Healthcare Attorney Kathy W. Nichols that provides 12 important tips for avoiding some of the common mistakes physicians and medical…

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Senior Healthcare Attorney Kathy W. Nichols Elected to Chair of Healthcare Law Section of the Orange County Bar Association

Carlson & Jayakumar LLP, a Southern California-based law firm focused on employment litigation and healthcare law, announced today that Senior Healthcare Attorney, Kathy W. Nichols was elected Chair of the Healthcare Law Section of the Orange County Bar Association (OCBA). “I am honored to be elected to chair the Healthcare Section of the OCBA,” said Nichols.…

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Licensing Ramifications After Drug Diversion Programs

California’s drug diversion program allows first-time offenders to avoid a criminal record if they complete program requirements. But if that person is a licensed healthcare provider, their ordeal does not end there. Recently, a California appellate court ruled that licensing boards can now incorporate evidence from a criminal drug investigation to discipline licensees, even after…

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Medscape Publishes Article Co-Authored by Founding Partner Jehan N. Jayakumar and Associate Attorney Matthew M. Stokke

California medical groups face increased risks when classifying physicians as independent contractors. The California Supreme Court’s Dynamex Operations West v. Superior Court decision  created a new legal test for determining whether licensed providers should be paid as independent contractors or employees. Many medical groups fail to consult with their legal counsel to ensure that they…

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Medical Board Issues Updated Public Disciplinary Information Law

On July 1, a new California law changed the Medical Board of California’s guidelines for posting physicians and surgeons’ disciplinary information to the public. Last August, Governor Jerry Brown signed Assembly Bill 1886, which requires the Board to post the most serious disciplinary information, including enforcement actions, disciplinary actions, civil judgments, arbitration awards, and certain…

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Blue Shield Loses Tax-Exempt Status, Comes Under Scrutiny for Care1st Acquisition

Non-profit health insurer Blue Shield of California has come under public scrutiny for its huge cash reserves, history of large rate increases, and lack of disclosure to the taxpayers.  The California Franchise Tax Board punished Blue Shield by stripping the insurer of its tax-exempt status at the end of 2014.  Today, Blue Shield remains controversial. …

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State Governing Boards Face Antitrust Risk after Supreme Court Ruling in North Carolina Dentists Case

The U.S. Supreme Court recently agreed with the Federal Trade Commission (FTC) when it ruled North Carolina’s custom of practicing dentists serving on the state regulatory board was anticompetitive.  The decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission could subject thousands of similarly structured boards to antitrust liability, and brings into…

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Healthcare Fraud, ALCAT, and Section 655.5

On January 20, 2015, Louisiana chiropractor David Lee Killen pled guilty to one count of healthcare fraud for billing insurance companies for chiropractic care, equipment, and testing he never performed. Killen, owner of Back on Track Clinic in Bogalusa, LA, admitted to using the identification numbers of physicians who no longer worked for his clinics…

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OIG Offers No Sanctions for Proposed Copay Assistance Program

OIG Advisory Opinion Offers No Sanctions for Proposed Copay Assistance Program On January 5, 2015, the Department of Health and Human Services Office of Inspector General released an advisory opinion on a proposed arrangement in which a nonprofit organization could provide assistance with copayments for financially needy patients, including Medicare and Medicaid beneficiaries. The OIG’s…

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New Year Guide to Avoid the Hospital Hack

Some would define 2014 as the “year of the hacker.” From Target and eBay to iCloud and Sony, millions of Americans had their personal information leaked as a result of attacks by hackers. As many in the healthcare profession know, medical information is a prime target for hackers and 2014 saw a record number of…

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