December 15, 2024  Recent Legal News

Criminal

Fraud

Healthcare

HIPAA

Hospitals

Malpractice

Peer Review and Employment

Criminal

Ohio v Ramos
Sentenced

Ryan Ramos, RN and formerly employed at Nationwide Children's Hospital was sentenced to over 17 years in prison for child porn.  He had plead guilty to the charge.  

Ohio v Tanzer
Arrested

Dr. Fredrick Tanzer of the Cincinnati area has been arrested for a 1989 sexual assault.  He was previouly the prime suspect and the FBI got his DNA from a coffee cup and matched it to DNA at the crime scene.  

Fraud

US v Carpenter, Hawrylak
Sentenced

Brian Carpenter DPM of Paradise , Texas, and Jerry Lee Hawrylak, a patient recruiter from Lake Worth, Texas, were sentenced to 45 and 60 months in rison after being convicted by a jury of falsifying prescriptions for a compounded cream and billing Tricare.

US v Seodat
Filed

Dr. Vishnudat Seodat of Mattituck, New Your, was indicted for allegedly receiving kickbacks for ordering unnecessary brain scans.  He is alleged to order transcranial doppler tests on hundreds of patient that did not need them and was paid $100 per test by a mobile medical diagnostic company.

US v Assure Holding Company, McAlpin, Kimball, Parsons 
Settlement

The company along with its founder Preston Parson, California business person James McAlpin and neurosurgeon Brent Kimball of Denver, Colorado agreed to settle allegations that they violated the False Claim Act.  The feds alleged that Assure paid illegal money to surgeons to have them use their intaoperative neuromonitoring services.  It was further alleged that at Kimball's request McAlpin formed a company to funnel payments from Assure and Parsons to Kimball.  Assure will pay $1.008 million; Kimball will pay $650,000, Parsons will pay $225,000 and McAlpin will pay $125,000.  This was a qui tam case.

US, Georgia v American Health Imaging, Arant
Settlement

The company and its former founder and CEO Scott Arant agreed to pay $5,250,000 to settle allegations that they paid kickbacks to physicians to use their diagnostic testing facilities.  This is a qui tam case.

Texas v Canchola
Sentenced

Dr. Daniel Canchola of Flower Mound, Texas, was sentenced to 10 years in prison and ordered to pay over $34 million in restitution.  He was convicted of receiving kickbacks and writing prescriptions for DME on patients he never saw.  

US v Hamid
Settlement

Dr. Basem Habid, a neurologist in Pearland, Texas, has agreed to pay $948,359 to settle allegations that he billed fed med for neurostimulator electrodes when he never did.        Top

Healthcare

Kaweah Delta Hospital v Becerra
9th Circuit

The court ruled 2-1 that the HHS rule boosting payments to hospitals in low wage areas to help recruit and retain staff was against the law.  53 California hospitals had sued the feds because their payments were decreased to pay for the new payments to the low wage hospitals.  These hospitals will get about $3.8 million.  HHS had already discontinued the illegal practice for 2025.          Top

HIPAA

HHS v Gulf Coast Pain Consultants
Settlement

The Florida medical group agreed to ay $1.19 million for allowing a former contractor to illegally accessed its EMR to retrieve PHI for use in potential Medicare claims.  

HHS v Children's Hospital Colorado
Settlement

The hospital was fined $548,265 for negligently allowing a hacker to cyberattack its EMR.          Top

Hospitals

Santa Clara California v Valley Medical Center, O'Connor Hospital, St. Louise Regional Hospital
Filed

The county DA filed against the three county hospitals for allegedly disposing of medical waste in its normal unsecured garbage steams.  The hospitals have not been fined as yet but could be on the line for millions of dollars.        Top

Malpractice

Breen v Children's Hospital Los Angeles Los Angeles, Olson-Kennedy, Mosser Landon
Filed

Kaya Breen is suing the above plus others for malpractice for wrongly diagnosed gender dysphoria and put on the tract for eventual surgery.  Breen, a genetic female had psychiatric issues as a teen and wondered if she wouldn't be better off as a a male.  Her school counselor told her she was transgender and to tell her parents that she was transgender.  At 12 she began to receive transition related care.  She had a double mastectomy at age 14.   She never got psychotherapy first.          Top

Physicians

Snodgrass v Iowa Medical Board
Filed

Dr. Brett Snodgrass of Hazelwood, Missouri, has filed against the Iowa board for not giving him a medical license.  He has applied to other jurisdictions and been turned down as well.  He has been removed from his general surgery residency and then from a pathology residency.  He later posed as the chair of the pathology program while seeking help for addiction issues.          Top

Archive

DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.