Case Result: Pharmacy Avoids DEA Order to Show Cause, Implements Corrective Action Plan
Our Healthcare Compliance lawyers negotiated with the DEA for over a year to avoid order to show cause and retain a pharmacist’s license.
Regulatory compliance in healthcare is very complex. It requires a multidisciplinary team to assist in reviewing your compliance program and preparing an appropriate defense to allegations of non-compliance. And unless you are a large hospital with a full-time team of compliance officers, you cannot be expected to ensure compliance on your own.
That’s because regulations, administrative rules and statutes often times seem to conflict with one another — leaving most healthcare providers to wonder whether they will ever really be in compliance, and whether they are susceptible to allegations of Medicare fraud, Medicaid fraud, or any other kind of criminal offense related to healthcare.
The Center for Medicare and Medicaid Services (CMS), together with U.S. Department of Health and Human Services (HHS), seems to be in the exclusive business of writing regulations. And every health care provider that accepts CMS funding must comply with all applicable regulations.
As CMS states in its “Small Entity Compliance Guides”: “The various guidance and procedure documents on this website number approximately 37,000, comprising over 7 million pages.”
Additionally, each state has its own set of regulations, as do health insurance companies.
Of course, complying with theses regulations is just the beginning. Health care providers must also comply with:
CMS has made an effort to communicate the details of each rule to health care providers through “small entity compliance guides.” There’s also the Medicare Learning Network, an online resource from CMS that breaks down Medicare policy into plain language, provides educational compliance information for Medicare fee-for-service providers; and offers a variety of training and educational materials.
But are those CMS resources enough? More to the point, do you have enough patience and know-how to understand them?
Regulatory compliance in healthcare is a scary process for most small healthcare providers. That’s why we at Chapman Law Group are here to help you make sense of what regulatory compliance means and how to go about staying within it.
Our national regulatory compliance lawyers will work with you before allegations of non-compliance are ever a concern — as well as after — to protect your interests and your right to continue to practice medicine.
We will guide you through:
Compliance laws for health care
In addition, our healthcare compliance lawyers can work with you to put a healthcare compliance plan in place for your practice. Our defense attorneys are here to represent you should you face allegations of Medicare fraud, Medicaid fraud, or any other criminal matter connected to your healthcare practice. Also, our broad network of experts includes specialists in nearly every area of healthcare — from board-certified pain management doctors to retired DEA drug diversion agents and private investigators — and medical billing and coding.
Our national healthcare law offices are in Detroit, Michigan); Miami and Sarasota, Florida; and Los Angeles/Southern California.
Reach out to us to learn more about our regulatory compliance services.
"*" indicates required fields
Our Healthcare Compliance lawyers negotiated with the DEA for over a year to avoid order to show cause and retain a pharmacist’s license.
Our healthcare compliance lawyers were able to successfully negotiate payment for outstanding claims and receivables at approximately 50%, plus a fixed daily rate deal for patients thereafter.
Chapman Law Group contended that the government was unable to prove, “‘by a preponderance of the evidence,’” our client’s DEA registration should be denied solely because of his Medicare/Medicaid exclusion.
In “Physician Guide to Basic Compliance Concepts,” Chapman Law Group’s national healthcare compliance attorneys cover how to spot and avoid healthcare fraud, handling investigations and audits, and keeping your staff in the right.
Chapman Law Group’s Ronald W. Chapman Sr. and Juan Santos hosted a CLE session on DOH, DEA, Medicaid at the Florida Pharmacy Association Law & Regulatory Conference in Sarasota.
If a physician is excluded from Medicare/Medicaid because he/she accepted a kickback, does this mean he/she could be denied DEA registration in the future? Not necessarily.
The Drug Enforcement Administration (DEA) office of diversion uses “red flag” indicators to determine which doctors should be the subject of increased scrutiny, undercover visits,
Michigan OFFICE
1441 W Long Lake Road
Suite 310
Troy, MI 48098
T. 248.644.6326
F. 248.644.6324
CALIFORNIA OFFICE
5250 Lankershim Blvd.
Ste. 500
North Hollywood, CA 91601
T. (818) 287-0576
FLORIDA OFFICES
6841 Energy Court
Suite 120
Sarasota, FL 34240
T. 941.893.3449
701 Waterford Way
Suite 340
Miami, FL 33126
T. 305.712.7177
Practice Areas
Attorneys
© CHAPMAN LAW GROUP. ALL RIGHTS RESERVED