Expert Training
November 17, 2008
I am now offering training of experts in other areas to handle the environment and stress of depositions and trial testimony. I have found there are many people who have the expertise to be expert witnessess but do not do so because they are intimidated by the environment of depositions and trial testimony. I do not coach these potential experts but train them on what to anticipate in these settings and how to handle them. I will train them on proper reactions to what seems to be "personal and insulting questions and remarks. I will also train these potential experts on when to speak and when to be quiet. Based upon my experience I will train them on their rights to ask for questions to be repeated, how to answer a question that has already been asked and answered and what to expect in the entire deposition process including waiting for their attorney to object before answering a question.
To perform this training I will put the expert through a mock deposition to handle this normally intimidating process and teach them how to do the best job they can possibly do.
My training is based upon my own experience in...
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Posted at: 09:18 PM | 0 Comments | Add Comment | Permalink
Health Care Law
October 8, 2007
I was recently contacted by a physician indicted on 23 counts of fraud against the Federal Government. The physician's trial date is less than one month away. The government's investigation went on for a lengthy period. This physcian did not retain defense counsel until shortly before or after the grand jury reached a decision to indict this physician on 23 counts of fraud.
If you are under investigation or think you are under investigation the time to retain an attorney is now. Do so as early as possible. Do not wait until time passes and the investigation is presented to a grand jury. The grand jury process is a one sided affair where the prosecutor presents only the prosectution's side of the case.
It is extremely important to obtain a lawyer who specializes in Health Care Law. If you under investigation or think you are under investigation please contact me immediately. I know several good attorneys who specialize in this kind of defense. I will provide you with the best advice I know in selecting an attorney.
Posted at: 02:28 PM | 0 Comments | Add Comment | Permalink
The Cost Report Defense
May 25, 2007
For any lawyers actively involved in a qui tam action you may encounter the "cost report defense". This is a defensive action I have encountered on two qui tam cases in which I have been retained as an expert witness. The attorney for the plaintiff will use this defense to attempt to convince the judge that the Medicare Cost Report causes everything to "come out in the wash". This defense is clever. The Medicare Cost Report is a complicated animal to encounter. However, false claims are false claims regardless of the Medicare Cost Report. Even if the defendant winds up with little or no extra money after settlement of the cost report they have been able to use the Federal governments money until the cost report is settled without paying interest. I have been successful in depositions in sticking to the issue of the false claims themselves. My expert opinion is that a false claim is a false claim and has nothing to do with the cost report setllment.
If you are involved in such a case please contact me for assistance.
Posted at: 12:01 AM | 0 Comments | Add Comment | Permalink
Donate Life
May 15, 2007
I recently lost a good friend who received an organ transplant. Unfortunately she was on the transplant list for two years and the organ transplant was performed after she was extremely ill. She fought for four months but her body was too weak to fight off infections and she passed away much too young.
You can help others live by signing an organ donation card and making sure that your family is aware of your wishes. Please, donate life
Posted at: 10:19 PM | 0 Comments | Add Comment | Permalink
HHS/OIG Still Active
April 10, 2007
The HHS/OIG continues to actively pursue and investigate fraud and abuse of federally funded health care programs. These investigations can be triggered by numerous sources. Unhappy employees or former employees seeking revenge can trigger investigations by calling the anonymous tip line. Upcoding, downcoding or even the appearance of either can trigger investigations.
Medicare Carriers and Contractors along with CMS run reports that show providers that fall outside the "norm" which can be completely meaningless and simply an effect of demographics or specialized care but they still can trigger investigations.
The best insurance against criminal action is still a Compliance Program and an Independent Review Organization conducting regular audits.
Don't assume your are safe unless you have a Compliance Program in existence.
Posted at: 03:35 PM | 0 Comments | Add Comment | Permalink