More Information about the Health Law Group

January 2007

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© 2007
Bose McKinney & Evans LLP


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Current News and Issues

Medical Director, Eight Caregivers Arrested In New York Nursing Home Hidden Camera Investigation

The New York Attorney General announced the arrest of nine employees of a Queens, NY nursing home after a hidden camera revealed that a resident failed to receive required care. The charges against the medical director, two LPNs and six nurse aides included patient neglect and falsification of business records.
(http://www.oag.state.ny.us)

 

D.O.J. Recovers Record $3.1 Billion In False Claims In 2006

The Department of Justice announced that 72% of its false claims recoveries came from health care fraud, including the largest ever single recovery in a $920 million settlement with Tenet Healthcare Corp. Whistleblower or qui tam suits accounted for $1.3 billion of the total.
(http://www.usdoj.gov/opa/pr/2006/November/06_civ_783.html)

 

CMS Memo Directs State Medicaid Programs To Include False Claims Education In 2007 Provider Agreements

The director of the CMS Center for Medicaid and State Operations sent a memorandum to state Medicaid directors providing agency guidance on the implementation of the fraud and false claims education requirement mandated by Section 6032 of the Deficit Reduction Act of 2005. All entities, regardless of business organization structure, that receive or pay $5 million or more in Medicaid funds annually in aggregate must provide detailed information to employees and contractors about the false claims laws used to combat healthcare fraud and abuse and anti-retaliation protection for whistleblowers beginning January 1, 2007. The memorandum also noted that CMS will not provide guidance regarding the content of the required education but indicated that the states were free to do so.
(http://www.cms.hhs.gov/smdl/downloads/SMD121306.pdf)

 

5 Million Lives Campaign Launched By IHI

The Institute for Healthcare Improvement announced a national campaign to reduce medical errors in hospitals by 5 million over two years. The 5 Million Lives campaign will focus on 12 interventions to reduce harm to patients, including high alert medications, pressure ulcer prevention, and delivering evidence-based care for congestive heart failure. The program builds on the success of the recent 100,000 Lives campaign that prevented an estimated 122,000 deaths during an 18 month period.
(More information at http://www.ihi.org)

 

Dr. Larry Kessler Of FDA To Chair Global Harmonization Task Force

The FDA announced on December 27, 2006, that Dr. Larry Kessler, a senior scientist at FDA’s Center for Devices and Radiological Health, would chair the Global Harmonization Task Force (“GHTF”) for 18 months. The GHTF is made up of a voluntary group of national medical device regulatory authorities and medical device manufacturer trade associations. The GHTF promotes the convergence of global regulatory practices and has issued more than 40 guidance documents since 1992 in an effort to increase safety and increase international trade.
(http://www.fda.gov/bbs/topics/NEWS/2006/NEW01540.html)

 

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