Healthcare Law
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…
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…
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…
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. …
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…
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…
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…
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…
On October 7, 2013, Governor Brown approved Assembly Bill 1000. This new law, effective January 1, 2014, will likely benefit both physical therapists and patients seeking physical therapy treatment. Allow Patients to Directly Access Physical Therapy The most important aspect of AB 1000 is that it allows patients direct access to physical therapy without first…
Introduction On August 31, 2012, the California Legislature passed Senate Bill 863, and the Governor signed the bill into law on September 18, 2012. The new law makes a number of important changes to the existing workers’ compensation system that will affect chiropractors, as well as applicants, other providers, insurers, and employers. Here, we primarily…
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