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 41

THE NEW WORLD OF PROVIDER RELATIONSHIPS

Changes in health provider relationships continue.  The last year alone has dramatically changed provider relationships with insurance companies/payors.  Our experience is that insurance company payors have stopped any pretense of negotiations, much less good faith negotiations, with providers over reimbursement rates.  We see primarily that providers may take it or leave it, be in or out of network, but will have no opportunity to have intelligent discussions of fair reimbursement rates with their insurance company payors.

Healthcare Law News - Volume 40

HARMFUL PRESCRIBERS

Medicare wants a new rule giving CMS the power to bar physicians and other providers who engage in abusive prescribing, CMS also wants to require all physicians prescribing Part D patients pharmaceuticals to have to enroll in Medicare, verifying their credentials, and disclosing professional discipline and criminal history.  The proposal would take effect January 1, 2015.

Healthcare Law News - Volume 39

ANOTHER SGR “FIX”?

In recent years we have been faced with at least a yearly crisis over Sustainable Growth Rate (SGR) mandated cuts in Medicare payments for doctors.

Physicians are normally paid on a fee for service basis as opposed to the bundled service model used for many other services provided under Medicare.  Usually when a physician’s services are bundled, it is with a hospital based or ACO model.  Therefore, the SGR formal based spending limits tend to have a higher impact on physicians.

Healthcare Law News - Volume 37

WAIVING CO-PAYS

HHS has long prohibited waivers of cost sharing amounts for recipients of Medicare or other federal healthcare programs.  HHS has characterized such general waivers as violations of the anti kick back statutes (AKS).  While the reasoning may or may not be valid, HHS’ position is longstanding.

Recently, a county fire department sought approval of waiver of co-pays or cost sharing for emergency ambulance services.  OIG approved this.  Truly, it is a no brainer given that there is an existing rule which specifically approves such arrangements.

Healthcare Law News - Volume 36

CROSS OWNERSHIP IS STARK/AKB TROUBLE

A new OIG Opinion posted November 12th indicates, once again, that cross ownership between two practices that provide services for each will almost automatically generate an objection to the arrangement based upon the anti-kickback and Stark laws.

Healthcare Law News - Volume 35

ONLINE PHYSICIAN RATING SITES

Physician online ratings are becoming a fact of life.  These websites usually offer the opportunity for anonymous or near anonymous posters to post their vision and opinion, whether accurate and fair or not, about a physician and their offices.

State and Federal laws may offer some limited protection against incorrect factual statements about a physician, but dealing with bad or inaccurate reviews remains a troublesome area.

Healthcare Law News - Volume 34

SERIOUSLY? ANY WILLING INSURER?

For years insurers and other payors have generally opposed “any willing provider” laws.  Any willing provider laws require hospitals, insurers and other payors to allow any provider willing to, in essence, match price and quality goals to participate in any health insurance plan.

In one of the more compelling, ironic events of recent history, insurers in Pennsylvania wish to require hospitals and hospital owned doctor practices to contract with any willing insurer.

Healthcare Law News - Volume 32

SEPTEMBER 23RD IS COMING

New HIPAA and HITECH Security Rules are effective September 23rd.   By that date you must comply with Security Rules, and also must have obtained new business associate agreements which comply with the new rules.  Also, for the first time it is clear that business associate agreements are required of all of your PHI receiving vendors, whether they are law firms, accountants, IT companies or billing firms – if they receive PHI.

STARK AND MEDICAID?

Healthcare Law News - Volume 31

HOSPITAL WOUNDS

In 2010, as the administration touted the benefits of ACA, the hospital industry agreed to accept a $155 Billion decrease in Medicare payments to be effective over a decade.  Apparently, the calculus involved was that the increase in the number of insured patients under ACA would increase hospital volume for paying patients, even if at a substantially lower rate.  Since hospitals already provide a large amount of ‘free’ care for non-insured payments, the industry must have believed that this would be an acceptable trade-off.

Healthcare Law News - Volume 30

BREAKUPS HURT

The Situation – A medical practice finds itself suffering deep divisions related to practice philosophies and compensation matters, often leading to practice breakups. These events can harm professional reputations, vendor relationships, employee livelihoods, patient care and can lead to the loss of health insurance contracts.  Even amicable breakups can require substantial attention.

Healthcare Law News - Volume 27

TIPS ON THE STARK SELF DISCLOSURE PROTOCOL

Although not frequently used, the amended and revised STARK SDP continues to be attractive in some situations.  A few practical tips:

1.   First determine if there is a STARK violation.  The determination of the STARK violation must be made outside of the disclosure protocol, usually by provider’s counsel.

2.   If the STARK disclosure involves relatively small amounts of money, the costs of the SDP may indicate that submitting repayment directly to the Medicare contractor may be less expensive.

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