Gregory S. Saikin

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Texas Open Carry Law: FAQs for Hospitals and Healthcare Facilities

Photo of Gregory S. SaikinBy Michael Lombardino and Gregory S. Saikin on Posted in Uncategorized
As of January 1, 2016, concealed license holders in Texas can now legally carry their handguns visibly in hip or shoulder holsters. This comes at a time when violence in hospitals and healthcare facilities is on the rise. According to a 2015 survey published by the International Association for Healthcare Security and Safety Foundation, from … Continue Reading

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

Photo of Gregory S. SaikinBy Michael Lombardino and Gregory S. Saikin on Posted in Uncategorized
Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay employees for overtime worked,  misclassified employees as exempt from overtime pay requirements, or made improper deductions … Continue Reading

The Deeper Dive: C-Suite to Prison Pipeline

Photo of Robert M. WolinPhoto of Gregory S. SaikinBy Robert M. Wolin and Gregory S. Saikin on Posted in Uncategorized
In recent years, the U.S. Department of Justice (DOJ) has been criticized for failing to prosecute executives for fraud, particularly in the financial sector. In response, the DOJ has begun to more heavily emphasize identifying individual malefactors and prosecuting them. This emphasis is particularly beneficial where a criminal conviction of a healthcare provider entity could … Continue Reading

When a Custodian of Records Has a Fifth Amendment Privilege

Photo of Gregory S. SaikinBy Gregory S. Saikin and Casey Holder on Posted in Uncategorized
In a recent decision, the U.S. Court of Appeals for the Third Circuit held that a physician acting as custodian of records may not withhold records subpoenaed from his professional association on Fifth Amendment self-incrimination grounds. Importantly, the court did not address, as we do below, certain circumstances in which this physician could have invoked … Continue Reading

The Medical-School-to-Prison Pipeline Continues to Widen

Photo of Robert M. WolinPhoto of Gregory S. SaikinBy Robert M. Wolin and Gregory S. Saikin on Posted in Uncategorized
Pysicians now appear to be more than ever at a greater risk of investigation for healthcare crimes, largely due to their “gatekeeping” function concerning a patient’s need for medical services and the government’s increased willingness to pursue cases tied to questionable medical necessity. In fact, the recent Medicare fraud indictment of Dr. Solomon E. Melgen … Continue Reading

Recent OIG Report Underscores Need for Home Health Agencies and Physicians to Comply With Medicare’s Face-to-Face Documentation Requirements

Photo of Gregory S. SaikinBy Gregory S. Saikin and Kinal Patel on Posted in Uncategorized
Medicare overpaid the home health industry $2 billion between January 2011 and December 2012, according to a recent report by the U.S. Department of Health and Human Services, Office of Inspector General (OIG). The OIG’s findings are based on a random sample review of claims submitted by home health agencies (HHAs) around the country—in particular, … Continue Reading

Marketing to Medicaid Beneficiaries: Texas Proposed Rule Highlights Pitfalls for Providers

Photo of Gregory S. SaikinBy Gregory S. Saikin and Summer D. Swallow on Posted in Uncategorized
Earlier this month, the Texas Health and Human Services Commission (Commission) released a proposed rule, 1 TAC § 354.1452 that prohibits certain marketing activity by Medicaid and CHIP providers. The proposed rule has been created to enforce the restrictions on provider marketing activities enacted in SB 8, 83rd Legislature, Regular Session, 2013. Subject to the … Continue Reading

Consumer Fraud Complaints Rise With Rollout of Affordable Care Act Exchanges

Photo of Gregory S. SaikinBy Gregory S. Saikin on Posted in Uncategorized
Criminal Prosecutions Expected in 2014 Related to ACA Fraud Last month’s troubled rollout of HealthCare.gov, the federal marketplace for online health insurance enrollment under the Affordable Care Act (ACA), resulted in much fanfare by the national media. In the past week, however, the media and federal and state authorities have increasingly pivoted to another issue … Continue Reading

New Survey Underscores Providers’ Responsibility for Preventing Medical ID Theft

Photo of Gregory S. SaikinPhoto of Lynn SessionsBy Gregory S. Saikin, Lynn Sessions and Cory J. Fox on Posted in Uncategorized
The Ponemon Institute’s recent publication of its fourth annual 2013 Survey on Medical Identity Theft (Survey) confirmed what many in the healthcare industry already knew: identity theft is a serious and often overlooked problem, and its continued expansion is significantly eroding patients’ trust in their healthcare providers. According to the Survey, the estimated number of … Continue Reading

Illegal Commission Arrangements: Appeals Court Reinstates Jury’s Verdict Against Pharmacy Executive

Photo of Gregory S. SaikinBy Gregory S. Saikin on Posted in Uncategorized
In United States v. Vernon, the Eleventh Circuit Court of Appeals reversed an Alabama district court’s judgment of acquittal following a jury’s guilty verdict against a pharmacy executive charged with anti-kickback statute violations. In rendering the opinion, the Eleventh Circuit affirmed a number of important principles concerning the application of the anti-kickback statute. Anti-kickback Statute Charges … Continue Reading
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