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Ben Fenton Featured in Medical Bag Article on the Affordable Care Act

Ben Fenton was recently interviewed by Lina Zeldovich for her Medical Bag article "Repealing the Affordable Care Act Could Hurt Physicians and Hospitals." In the piece, Ben discusses how reimbursement rates could possibly be impacted by an ACA repeal, and how physicians and doctors often have to fight for payment. "You’d have less patients in the marketplace and it could make the reimbursement rates go back up,” Ben says, but it’s not exactly clear. To read the full article, click Continue Reading

Nick Jurkowitz Quoted in Hospice News Article about False Claims Act Case

Nick Jurkowitz was recently quoted in Jim Parker’s Hospice News article “U.S. Supreme Court May Hear Hospice FCA Case.” The article focuses on a False Claims Act case involving the hospice provider Care Alternatives. Nick comments on how this case, which could be heard before the Supreme Court, may affect hospice providers. “To allow false claim act liability in a situation where you have reasonable physicians who differ on opinions of treatment or prognosis will undoubtedly send a chilling message to physicians and hospice care organization. Physicians need to be free to e...

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Ben Fenton’s Expert Opinion Article Featured on Law360

Ben Fenton recently wrote the expert opinion piece "Health Providers Need COVID-19 Biz Immunity Law” for Law360. The piece focuses on the Safe to Work Act, why physicians need COVID-19-related medical liability protections, and the controversy surrounding the rationing of care during the pandemic. Below are some excerpts from the article. The American Medical Association has stated that without legislative protection, physicians could potentially face litigation for, "suspending elective, in-person visits and procedures; being assigned to provide care outside the physician's gene...

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Nick Jurkowitz Interviewed in Hospice News “Hospice Fraud” Article

Nick Jurkowitz was recently interviewed by Jim Parker for his Hospice News article "Health Care Lawyer Nick Jurkowitz: Fraud is a Top Concern for Hospices.” In the piece, Jim speaks with Nick about the hurdles that hospices are facing in 2020 and legal concerns to consider ahead of 2021. Nick begins by discussing the most pressing legal concerns for hospice providers. "Hospices are a targeted area in a highly regulated arena. Fraud is always the first and foremost concern you’d have in that type of industry. That could range anywhere from civil or criminal. The government cou...

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Nick Jurkowitz Quoted in COVID-19 Malpractice Story by Courthouse News

Nick Jurkowitz was recently quoted in Brandi Buchman’s Courthouse News Service article "Like Virus Itself, Future of Malpractice Liability Is Uncharted.” The article discusses malpractice lawsuits and how COVID-19 affects the potential for filings. Jurkowitz commented on the possibility of federal legislation that addresses liability for doctors during the pandemic. “We are treating a situation medically that we may not necessarily know 100% of the right way to treat people. We could have much stronger negative consequences to the health of everyone if ho...

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Ben Fenton Quoted in Bloomberg Law on Product Liability and Damaged Ventilators

Ben Fenton was recently quoted in Ayanna Alexander’s Bloomberg Law article “Broken Ventilators Require Easier Fixes, Black Leaders Demand,” which discusses the rising demand for usable ventilators as black communities continue to bear the brunt of coronavirus deaths. According to Ben, ventilator manufacturers may fear potential product liability claims if the devices they help repair malfunction. “If the manufacturer tries to make a good faith effort, which we want them to do, and say we’re going to work with hospitals so they can repair these defective machines, and then...

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Nick Jurkowitz Quoted in Courthouse News on Drug Pricing Bill

Nick Jurkowitz was recently quoted in Joe Kelly's Courthouse News article "Wisconsin Assembly Passes Bill Targeting Drug Prices." In the article, Nick discusses how Wisconsin's legislation will impact pharmacies. According to Nick, it will be an overall benefit to people who go to pharmacies, and that it would "allow for better access to drugs." To read the full article, click here....

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The Death Certificate Project: A Prescription for Litigation – California Health Law News

Summer Main’s article “The Death Certificate Project: A Prescription for Litigation” was published in the January issue of California Health Law News. In the article, Summer discusses the Death Certificate Project, the Medical Board of California’s response to the opioid epidemic. According to Summer, while the approach is well-intentioned, it has also raised serious concerns regarding patient privacy, has upset families of the victims of the opioid epidemic, and has raised significant debate in the medical community. To view the full article, click Download PDF....

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Nick Jurkowitz Quoted in Washington Post Article about NFL Healthcare Fraud

Nick Jurkowitz was recently quoted in Rick Maese’s Washington Post article "Why were feds investigating NFL players’ health-care fraud? Perhaps for the publicity.” In this article, Rick discusses the Justice Department’s motivations for investigating former NFL players’ fraudulent healthcare claims. 
Nick offered his opini...

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The Importance of Medical Necessity

A recent case in Michigan highlights the importance of medical necessity when ordering or performing healthcare services. According to the Atlantic, a physician in Michigan is accused of ordering dozens of unnecessary medical tests and deliberately misdiagnosing a patient in order to justify ordering those tests. Obviously, there are good reasons not to do this but, besides the obvious malpractice liability, what kind of trouble can California physicians and healthcare providers get into for ordering treatment that is not medically necessary? Providing treatment that is not medical...

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