Author Archives: Site Administrator
What is a Kickback?
In the world of healthcare, federal law makes it illegal to offer or receive a kickback in exchange for referring or arranging for the furnishing of any item or service that will be covered by a federal healthcare program. The Anti-kickback Statute can be found at 42 U.S.C. 1320a–7B. But what is a kickback?… Read More »
AVVO Beware! Lawyer Succeeds in Action Against Former Client for Internet Defamation
The internet has changed the legal profession, mostly for the better. In one particular way, however, the internet presents a hazard for lawyers. That is, some former clients now use AVVO and other review websites to create settlement leverage against the lawyer to waive the lawyer’s outstanding attorney-fee balance. The client accomplishes this leverage by… Read More »
Federal Court vs. State Court: What are the Differences for Litigating a Business Case?
Litigating a business case in federal court often has key differences from litigating a business case in state court. Here are some of the key differences: Federal judges are often less flexible with scheduling Federal judges often are actively involved in managing their trial dockets and schedules. One way of saying it is that… Read More »
Hospital Fraud – Illegal Payments to Doctors
Unfortunately, many hospitals commit fraud against the federal government in the way they pay doctors and physicians. To understand this type of fraud, you have to understand how hospitals bill the Medicare system. Generally, bills can be divided into two categories. First, the hospital bills Medicare for work personally performed by the doctor, for… Read More »
Florida’s Revised LLC Act Says “Goodbye” to Managing Members
Under the Florida Revised LLC Act (“Revised Act”), which became effective on January 1, 2015, the concept of “managing members” is now obsolete. See Fla. Stat. §§ 605.0407 to 605.04074. So why does it matter? If an LLC’s operating agreement or articles of organization does not currently refer to the LLC as “manager-managed,” the… Read More »
Medicare Overpaid $14.1 Billion to Medicare Advantage Plans
The Government Accountability Office recently released a report finding that Medicare paid out $14.1 billion to private insurance companies for improper claims in 2013 alone. The report, entitled “Medicare Advantage: Fundamental Improvements Needed in CMS’s Effort to Recover Substantial Amounts of Improper Payments,” discusses audits conducted by the Centers for Medicare and Medicaid Services… Read More »
What Does the New Federal “Defend Trade Secrets Act” Mean for Employers and Employees?
In the near future, President Obama is expected to sign the bill that flew through Congress with little opposition, titled the “Defend Trade Secrets Act of 2016” (“DTSA”). The DTSA will federalize employers’ rights to enforce claims for misappropriation of trade secrets against departed employees, among others. The impact of the statute will be… Read More »
South Florida — Ground Zero for Medicare Part D Fraud
South Florida is ground zero for Medicare fraud. Again. This time it’s Medicare Part D fraud. Medicare Part D went into effect in 2006 as a means of providing prescription drug coverage to Medicare beneficiaries. Medicare Part D works as follows. Private insurance companies agree to become Part D drug plan sponsors. Medicare beneficiaries… Read More »
Could You Spot Medicare Fraud If You Saw It?
According to the Centers for Medicare and Medicaid Services, as of February 2016, there were over 56,000,000 beneficiaries enrolled in the original Medicare and Medicare Advantage plans. Given the number of patients, just imagine how many Medicare claims are submitted every day. It’s no wonder the Medicare system is a target for fraud. With… Read More »
When Is an LLC Manager Personally Liable for an Improper Distribution?
Under the Florida Revised Limited Liability Company Act (“Revised Act”), a manager or member’s (“manager”) consent to an improper distribution may have serious consequences. Indeed, a manager can be personally liable for consenting to an improper distribution when two elements exist. First, the LLC must be insolvent. Second, the manager must have breached his or her… Read More »