Industry Insights

Telehealth and Controlled Substance Prescribing: DEA-HHS Announce Extension of Prescribing Flexibilities

The U.S. Department of Health and Human Services (HHS) and the Drug Enforcement Administration (DEA) have extended telehealth flexibilities for prescribing controlled substances through the end of 2025. 

Arielle Miliambro provides an in-depth look at this announcement in a new article. Read here.

Ninth Circuit Finds the False Claims Act’s First-to-File Bar to be Non-Jurisdictional, Making It a “Use It or Lose It” Defense Providers Need to Understand

The Ninth Circuit Court of Appeals recently ruled that the "first-to-file bar" under the False Claims Act is a non-jurisdictional defense, aligning with other Circuit Courts. The ruling is significant because non-jurisdictional defenses, such as this one, must be raised early in the litigation or risk being waived.

To learn more, read the article by Jason Silberberg here.

$33 Million Kickback Scheme Involving Pre-Filled Prescription Pads

In this $33 million kickback scheme, two pharmacy executives pleaded guilty to healthcare fraud involving preprinted prescription pads and telehealth violations. 

Frier Levitt’s Arielle Miliambro and Cindy Dang provide a closer look at this case in a new article, read here.

Uptick in FCA Enforcement Actions Against Healthcare Investors

Private equity firms and investors in healthcare may assume they’re insulated from liabilities linked to a healthcare entity’s clinical operations and billing practices. However, the government is increasingly targeting investors, including management service organizations, under the False Claims Act.

Diana Ryzhova, Jason Silberberg and Timothy Norton discuss this enforcement trend in a new article and shed light on how investors can remain compliant. Read here.

What Medical Practices Must Consider Before Adopting AI Tools

Artificial Intelligence (AI) in healthcare offers valuable tools for improving patient care and operational efficiency. However, AI adoption brings risks around confidentiality, regulatory compliance, and data quality.

In a new article, Guillermo Beades and Nicholas Batlle highlight what medical practices need to know before adopting AI tools. Read here.

Navigating the New Jersey Data Privacy Act: What New Jersey Organizations Need to Know

The New Jersey Data Privacy Act (NJDPA), effective January 15, 2025, will position New Jersey as one of the growing number of states with a comprehensive data privacy law.

Arielle Miliambro and Christopher Maniscalco examine when the NJDPA will apply, what exemptions are included, and discuss key takeaways of the act in a new article here.

PROVIDER ALERT: How Much Time You Spent with a Patient May Lead to False Claims Act Allegations

A notable focus has emerged on the correlation between the time spent with patients and allegations under the False Claims Act. This shift emphasizes the need for healthcare providers to be vigilant about their documentation practices and billing accuracy to avoid legal pitfalls.

Jason Silberberg and Diana Ryzhova discuss this enforcement trend and detail what providers need to know in a new article. Read here.

PROVIDER ALERT: Use of Medical Residents During Surgery is Under Increased Government Scrutiny

Although resident involvement in surgeries is an integral part of medical training, the practice is under increased scrutiny from government enforcement agencies due to concerns over compliance with regulations and proper billing practices.

Recently, a $15 million settlement in Texas highlighted these issues, and Jason Silberberg and Diana Ryzhova examine them in a new article. Read here.

On-Demand Webinar

Balancing Physician Rights & Hospital Actions in Harassment Cases 

In healthcare, few topics are as complex as the intersection of physician due process rights and hospital obligations in harassment cases. Frier Levitt partners Todd Brower, Alex Keoskey, and Christopher Mayer provide an in-depth exploration of these critical issues in our latest webinar.

Click the image below to view the webinar:

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Newsworthy

Daniel Frier and Theresa DiGuglielmo Featured in Invision Magazine “American Optometric Association Town Hall Draws Hundreds as AOA and Affiliate Advocacy Earns Back Millions”

• Jason Silberberg Featured in Crain’s New York Business “Court Ruling Allows Oncologists To Dispense Medication In Office To Treat Side Effects”

• Jason Silberberg Featured in Part B News “Will Fla. Ruling Mean the End of Qui Tam? Not Right Away”

Alex Keoskey Featured in Medscape “When Your Malpractice Insurer Investigates You: What to Know”

Frier Levitt’s Government Investigations, Litigation & White-Collar Defense Group is comprised of seasoned professionals, including a former Assistant United States Attorney, Deputy Attorneys General, and healthcare litigators who have decades of experience defending corporate entities, executives, and healthcare and life sciences professionals for alleged healthcare violations.

Our attorneys bring a wealth of firsthand knowledge of how government agencies conduct investigations and prosecute cases. This litigation-centric experience and skillset, combined with the firm’s extensive regulatory, transactional, and clinical knowledge, work to resolve such cases successfully, often doing so before public charges are filed.

Contact Frier Levitt to speak to an attorney about regulatory concerns, government inquiries, subpoena and CID defense, as well as litigation defense.

Learn more about Frier Levitt's Government Investigations, Litigation & White-Collar Defense here.

Very truly yours,

Daniel B. Frier, Esq.

Co-Founding Partner

Frier Levitt

dbfrier@frierlevitt.com

973.618.1660

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