elevating law in evansville, in

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We have extensive experience with the following areas: Petroleum, Litigation, Real Estate and more.

We advise business in the following areas: Employee Benefits, Litigation, Business Advisory and more.

For those seeking counsel in real estate matters, our areas of expertise include: Construction, Development, Land Use, Litigation and more.

We handle many private matters for individuals, including: Adoption, Custody, Divorce, Domestic Partnership, Estate Planning and more.

Every criminal case is a serious matter. There are lifelong consequences for any person accused or convicted of committing a crime.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

As a part of the "American Recovery and Reinvestment Act of 2009" a civil penalty structure was put in place for Health Insurace Portability and Asccountability Act (HIPAA) violations.

Our experience uniquely qualifies us to advise in governmental issues: Annexation, Associations/Non-Profits, Cities, Towns, & Counties, Colleges & Universities, Economic Development, Elections and more.

We provide legal advice for businesses in the following areas: Agribusiness Energy, Diversified Businesses, Emerging Businesses, Federal & State Tax, Finance, and more.

Probate is the court procedure by which a decedent’s property is administered for the purpose of passing ownership of assets remaining in the decedent’s name at his/her death.

Since 1976, our litigators have effectively and efficiently represented clients in federal and state courts in business litigation, municipal law, employment law, personal injury and a variety of complex litigation.

News

HEALTHCARE LAW NEWS - VOLUME 57

INSURER BITES DOG

In what has been an unusual case, AETNA has sued a physician owned surgical facility, claiming that the physicians that control the facility improperly referred patients to the surgical facility.  The claim is based upon state law in Pennsylvania, and is apparently based on the fact that the surgical facility waived out-of-network costs, co-pays and balance billing.

HEALTHCARE LAW NEWS - VOLUME 56

SPEAKING OF EXTRAPOLATION

Courts normally allow audit findings, particularly those by governmental agencies, to be used as a basis for determining damages or overpayments.  When extrapolation is used, the sample determined in the audit is used as a basis, with or without adjustments, to estimate the total damages or overpayments.

HEALTHCARE LAW NEWS - VOLUME 54

INDIANA DUTY TO TREAT NON-PATIENT?

Last month the Indiana Court of Appeals refused to create a physician/patient relationship for a hospitalist who was requested to consult a patient, but refused to do so because the potential patient’s primary care physician had not approved hospitalist care for his patients.

HEALTHCARE LAW NEWS - VOLUME 50

THREE STRIKE RULE FOR PHI?

Boulder Community Health in Colorado has apparently suffered its third HIPAA breach since 2008.  Some Boulder Community Health patients recently received a letter from an anonymous source stating claims and records are constantly being left unlocked and available in trash bins and dumpsters despite a 2010 breach including the same problem.  Boulder Community Health had claimed that it had placed automatic locks on recycling bins.

HEALTHCARE LAW NEWS - VOLUME 49

INSURERS COME CLEAN: WE CHOSE, CONSUMERS OBEY

We previously commented on the increasing use of ‘narrow networks’ where insurers basically choose the lowest dollar providers only, and some suspect, without any relation to their quality of care.  Recent reports have had insurance executives publically admitting that their customers should not have choices.

HEALTHCARE LAW NEWS - VOLUME 48

CMS’S NEW IPPS RULE

CMS issued a proposed rule for next year reducing readmission payments and payments for hospital acquired conditions, but do not provide any change or relief to the ‘two-midnight’ rule.  Generally, the rule increases payments for inpatient stays at acute care hospitals by 1.3% in FY 2015, and .8% for long term care hospitals.  The readmission reduction rate changes from 2% to 3% for FY 2015, and a 1% reduction in Medicare inpatient payments that rank in the top 25% for preventable conditions.

HEALTHCARE LAW NEWS - VOLUME 47

BEFORE THE BREACH

HHS recently announced the release of “tools” to assist you in risk assessments as required under HIPAA and HITECH.  The first “tool” is a security risk assessment for administrative safeguards.  Printed out, the assessment is 185 pages.  The other “tools” are not particularly compact either.  I recommend, however, that you review these ‘tools’ to get a clear understanding of the depth and breadth of the risk assessments that HIPAA expects you to have already undertaken prior to audit.

HEALTHCARE LAW NEWS - VOLUME 46

PRICE OF NONCOMPLIANCE

Despite continuing enforcement pressures and publicity for HIPAA, some medical practices and hospitals fail to implement basic HIPAA security procedures.  Recently AvMed, a Florida based insurer reported the theft of two unencrypted laptops with PHI affecting more than one million customers.  As part of the settlement in this case, AvMed agrees:

HEALTHCARE LAW NEWS - VOLUME 45

FTC WATCHING HOSPITAL ACQUISITION OF PHYSICIAN PRACTICES

A recent Idaho Federal District Court Case, along with two prior litigation successes by the FTC, raise significant questions about hospital acquisitions of physician practices.

The recent decision of the Idaho Federal Court required the unwinding of the hospital’s acquisition of a physician owned group. This order was given despite the Court’s prior order in 2012, allowing the acquisition.

HEALTHCARE LAW NEWS - VOLUME 44

TOO NARROW NETWORKS?

Many insurers have been rolling out “narrow networks”.  We have previously reported on concerns that the networks were too narrow and cause significant displacements among policyholders seeking not only to maintain relationships with doctors, but also seeking any type of out of the ordinary services, treatment or prescriptions.  HHS released new regulations on March 14th.  While these regulations are still being analyzed in detail, it appears that these new regulations will require the following:

HEALTHCARE LAW NEWS - VOLUME 42

WHISTLEBLOWER PROTECTION EXPANDED

This week the United States Supreme Court opined that whistleblower protections apply not just to publicly traded companies, but also to subcontractors that do business with them.  The Justices were interpreting part of the Sarbanes-Oxley Act of 2002 to reform Wall Street and set standards for all U.S. publicly traded companies, boards, managements and public accounting firms.

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