Tag: health-care

Arbitration is a way to solve legal disputes without going to court. It’s favored by businesses because it’s private, saves time, and costs less. It’s used in education, employment, health care, sports, and other areas. But lawyers don’t like it because it limits legal arguments and doesn’t have as much oversight as the court system.…

The IRS has been auditing healthcare companies to make sure they are properly classifying their workers as either independent contractors or employees. If workers are classified as employees, the company has to withhold taxes from their pay and pay additional taxes. Misclassifying workers can result in big financial consequences and the company may also have…

Part I of the article explained why the valuation of economic damages under Title VII is unique and requires a special report format. It also discussed how some companies use employee benefit plans to avoid discrimination issues. Part II of the article describes the key issues that must be considered before conducting a Title VII…

The Certificate of Need (CON) program in Florida controls the building and expansion of healthcare facilities and services. This is to prevent too many healthcare options in one area, prevent competition based on prices, and slow down the use of new technology. The program also aims to make sure that everyone has equal access to…

In a recent case, the 11th Circuit Court of Appeals ruled that a person can be convicted of breaking the Medicare/Medicaid anti-kickback law if they knew their actions were illegal, even if they didn’t know they were specifically breaking that law. The law makes it illegal to offer or receive any kind of payment in…

In 1984, The Florida Bar Journal published an issue about health law. The health care industry in Florida was growing, and there were challenges in controlling costs while maintaining quality care. Fast forward to today, and the industry is still rapidly changing, with lots of new rules and regulations. The current issue of the Bar…

In military divorce cases, it’s important to meet deadlines to ensure eligibility for federal and military benefits like survivor benefits and medical care. For military pension division orders, there’s no specific deadline, but delays can lead to problems like back payments and a reduced share of the pension for the spouse. There’s also a risk…

Patient dumping is when hospitals refuse to admit or treat people who are poor or don’t have insurance. This used to be allowed by the law, but it was restricted by the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Emergency Medical Treatment and Active Labor Act (EMTALA). The problem still exists, and it mostly…

Approximately 5 million Americans have dementia, and about half of people over 85 have Alzheimer’s or another type of dementia. As the population ages, the number of people with diminished capacity is increasing. By 2050, 20% of the US population will be over 65. In 2011, 65% of men and 38% of women in this…

In 1996, the Health Insurance Portability and Accountability Act (HIPAA) was passed and became effective on January 1, 1997. It created new criminal statutes related to health care fraud, making it illegal to defraud health care benefit programs and obtain money or property fraudulently. This new law allows federal prosecutors to charge individuals involved in…

The Florida Coalition Against Domestic Violence disagrees with a law proposal that would require doctors to report suspected domestic abuse. They argue that reporting could put the victim in danger, as the abuser may retaliate. They also explain that domestic violence is a gradual process of control and manipulation by the abuser, and that mandatory…