admin, Author at Brown & Fortunato

Understanding HME Provider Mergers And Acquisitions

Mergers and acquisitions (or “M&As”) are legal and business processes that join two companies under one operation. M&As may reduce or remove competition, increase profits, reduce administrative overhead, and can combine the best aspects of former marketplace competitors. M&As are particularly prevalent in the home medical equipment industry (“HME”). Since 2010, there has been a […] More...

Understanding The Process Of Transferring Mineral Rights

Selling or buying mineral rights is a legal transaction that requires a real estate deed specifically outlining the types of mineral rights being transferred. State laws generally control these transfers. All parties must be aware of laws and regulations regarding the sale of mineral rights and should have experienced legal assistance during the process. Proving […] More...

FDA Cybersecurity Guidance For Medical Device Companies

The Food and Drug Administration (FDA) is responsible for regulating food, drugs, and medical devices. This responsibility enables the organization to create regulations, enforce safety standards, and issue recalls. The administration can also release guidelines to help medical device manufacturers confront cybersecurity threats. Hackers exploit companies, governments, and systems because there are gaps in security […] More...

How Healthcare Practices Can Comply With the Stark Law

Physicians should know the basics of complying with the Stark law. Although this law was originally passed in 1989, it has continued to be expanded. The regulations under the Stark Law can be tough to keep up with, but understanding the basics is essential for any healthcare practice. What is the Stark Law? The Stark […] More...

Understanding How To Purchase A Company

Whether this is your first or fifth business acquisition, this type of transaction can be an emotional and exhilarating experience. For many people, purchasing a business is the culmination of a lifelong dream. For others, it is a strategic acquisition that will make a current business more competitive for the future. Regardless of whether you’re […] More...

7 Ways To Avoid Litigation When Selling Your Business

Selling a business is not as simple as a handshake and a nod. There are multiple steps, any one of which could derail the entire process and expose you to litigation. The closer you get to selling your business, the higher the likelihood you could be subjected to litigation if the sale falls through. However, […] More...

An Overview Of Staying Compliant With Stark Law

The Stark Law is a federal law that prohibits doctors from engaging in “self-referrals.” A self-referral occurs when a doctor orders a designated health service that is payable by Medicaid or Medicare and that service is provided by an entity with which the physician has a financial relationship. For example, unless an exception to the […] More...

How To Prepare To Sell Your Pharmacy

Choosing to sell your pharmacy is an important decision. Your business is the culmination of years of work and sacrifice. It is an understandably difficult choice to make, but one that all business owners will likely face. Whether you are selling because you received an offer you cannot refuse or you are moving on to […] More...

ALJ Backlog: Latest Development

By: Jeffrey S. Baird, Esq. The current administrative appeals process is beyond unfair to DME suppliers. A supplier will get hit with a post-payment audit involving multiple patients. The auditing contractor will look for reasons to deny the claims and seek recoupment. The contractor will send a recoupment letter to the supplier … and then […] More...

The “60 Day Rule”

By: Jeffrey S. Baird, Esq. Section 6402 of the Affordable Care Act states that any provider that receives an overpayment from a government healthcare program must (i) report to CMS and (ii) provide written notice of the reason for the overpayment. The overpayment must be reported and returned no later than 60 days after it […] More...