The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay. The act was passed in 1986. It is commonly known as the anti-dumping act. It was designed to prevent hospitals from [...]
Patients want access to quality physicians and medical products. Concerns are raised when a physician's judgment about which drug or device to use on a patient is clouded by the amount of money or perks he or she receives for the recommendation. Olympus has landed itself in the middle of such a situation. In one [...]
Today, I attended a hearing to defend a physician's rights in a matter totally unrelated to the practice of medicine. The plaintiff had improperly (more like incorrectly) identified my client and really it should have been someone else. My involvement in identifying the legal discrepancies resulted in a voluntary dismissal for my client. Great win [...]
The U.S. Justice Department is in the early stages of investigating what authorities believe to be roughly $500 million in healthcare fraud perpetrated by companies that sell specialty creams designed to treat pain and other conditions, according to the Wall Street Journal. Under the Federal Food, Drug and Cosmetic Act ("FDCA"), generally, compounding is a practice [...]
A physician in California found out the hard way that knowing her patients' pain management habits is critical information. Dr. Hsiu-Ying frequently prescribed painkillers such as Percocet and Vicodin to her patients. She did not, however, spend enough time determining whether those same patients had drug-seeking behavior or other drug addictions. More than a dozen [...]
Cybersecurity threats are everywhere. Certain medical devices are susceptible to breaches in cybersecurity too. Many modern devices contain software integration allowing for updates in function and communication with healthcare providers. Improper modifications too medical device software may present a serious threat to the device's safety and effectiveness. The Food and Drug Administration recently issued a draft guidance for [...]
The Food and Drug Administration (FDA) regulates dietary supplements products and ingredients. FDA's jurisdiction is granted by the Dietary Supplement and Health Education Act (1994). Manufacturers and distributors of dietary supplements are responsible for evaluating the safety of their products and ensuring that the labeling is compliant with the Federal Food, Drug & Cosmetic Act and [...]
The Food and Drug Administration recently issued an inspection report pertaining to Downing Labs for failing to investigate why its drugs fail sterility tests. Last year, FDA requested that Downing Labs recall some of its drugs after determining that there was contamination. At that time, Downing Labs refused the request. Now, however, the pharmacy has announced a voluntary [...]
Serenity Hospice and Palliative Care will pay $2.2 million to the federal government to settle claims that it falsely billed Medicare. A former employee identified that Serenity flagged patients who were referred by one medical provider to ensure that they were admitted as hospice patients. In turn, Serenity would treat that provider's staff to dinner, concerts and [...]
The debate about specialty drugs involves determining if a new drug will cure a disease, or save lives, what is its proper cost? Some well-intentioned drug products are receiving scrutiny for the price pharmaceutical are looking to sell those drugs. Patients can rarely afford a product that costs nearly $100,000 a year. Insurers are reluctant to cover those [...]
