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2016 Bankruptcy Statistics for the Western District of Wisconsin: Overall Filings Decreased 5.5%, but Chapter 12 Farm Bankruptcies Increased 31%

Posted on March 15, 2017 by

The 2016 bankruptcy statistics tell an interesting story.  While the total number of bankruptcy cases filed in 2016 in the Western District of Wisconsin (“WDW”) fell 5.5% to its lowest level in ten years, Chapter 12 farm bankruptcy cases actually increased 31% from 2015.    Total Filings.  There were 4,362 total bankruptcy cases filed in […]

Physician Practice Compliance Programs

Posted on March 14, 2017 by

In today’s environment of complex regulations, aggressive prosecution, exorbitant penalties, and hungry whistleblower attorneys, it is necessary for medical practices to maintain effective compliance programs.  Failure to do so puts the practice at a great deal of unnecessary risk.  Many or most practices will eventually make errors in their billing and collections or other regulatory […]

Justice Scalia’s Definition of “Waters of the United States” to Become the Law of the Land?

Posted on March 9, 2017 by

On February 28, 2017, Donald Trump signed the “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”  This executive order requires the Administrator of the EPA, the Assistant Secretary of the Army for Civil Works, and other executive department and agency heads […]

Enforcing ASC Exclusion Provisions While Minimizing Legal Risk – Rethinking Strict Application of the Safe Harbors to Exclusion Decisions

Posted on March 3, 2017 by

Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others.  Under performing physicians can create political issues in ASCs because investors who perform more surgeries or higher value procedures at the center feel the other investors are taking […]

Ambulatory Surgery Center Physician Exclusions – Reducing Risk of Forced Redemption of ASC Investment Interests

Posted on March 3, 2017 by

Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others. Under performing physicians can create political issues in ASCs because investors who perform more surgeries or higher value procedures at the center feel the other investors are taking […]

Faster Pace of Interest Rate Hikes

Posted on March 3, 2017 by

As we indicated on February 16, 2017 the Federal Reserve is looking at interest rate hikes for 2017.  At a speech in Chicago today Chairwoman Janet Yellen said it is likely the Federal Reserve will increase the federal funds rate in March, which was most recently increased in December from 0.50% to 0.75%.  The stock […]

Setting Up Your Compliance Internal Reporting Mechanism

Posted on March 3, 2017 by

Recent Changes to Medicare “Incident To” Billing Rules

Posted on March 2, 2017 by

Medicare permits a physician to bill for certain services furnished by a nurse practitioner or other auxiliary personnel under what is referred to as the “incident to” billing rules.  The “incident to” rules permit services or supplies furnished as an integral, although incidental, part of the physician’s personal professional services in the course of diagnosis […]

The Case of the Very Very Impossibly Long, Terrible, Horrible, No Good, Very Bad Day

Posted on February 28, 2017 by

How Fraud and Abuse Cases Arise in a Medical Practice It is no secret many doctors work very long days.  Some days are worse and some are better than others.  As a compliance lawyer, my job is to attempt to prevent doctors from having Terrible, Horrible, No Good, Very Bad Days.  In my experience, this […]

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Posted on February 28, 2017 by

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work.  A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work.  It is almost impossible to challenge […]