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Biomedical subjects

R A Griffith

Publications and source records attributed to R A Griffith.

11 recordsLinked to original sources

United States v. Levin: entrapment by estoppel doctrine applied in Medicare reimbursement context.

The decision in Levin reaffirms that health care providers should be entitled to rely in good faith on official interpretations and representations by authorized government officials as to the propriety of their conduct under the Medicare program. Although the doctrine of entrapment by estoppel was developed as a due process defense to a criminal prosecution, the fundamental notions of fairness underlying the doctrine should be applicable as well as in a civil action. Thus, the defense of entrapment by estoppel should be available, for example, in the context of civil health care reimbursement recoupment audits, where a provider has acted in reliance on the interpretation of a statute or regulation by the appropriate administrative agency charged with its enforcement.

Centers for Medicare and Medicaid Services, U.S.↗

Safeguarding the confidentiality of medical and mental health records.

In this article, the authors detail the nature of the right to confidentiality of medical and mental health records, the privileges against disclosure, how those privileges are lost, and the health care provider's liability for improper disclosure. The article also provides a "nuts and bolts" approach to safeguarding medical records against compelled disclosure and the legal foundation for resisting production of medical and mental health records.

Civil Rights↗

Resisting disclosure of mental health records during Medicaid investigations and audits.

In a previous article, the author discussed the legal foundation for resisting the disclosure of medical and mental health records, the nature of the right to confidentiality of medical and mental health records, the privileges against disclosure, how those privileges are lost, and the health care provider's liability for improper disclosure. In this article, the author offers a "nuts and bolts" approach to resisting the disclosure of mental health records for counsel representing health care practitioners and institutions involved in Medicaid audits and investigations.

Confidentiality↗

Techniques for defending health care fraud and abuse cases.

The successful defense of a health care fraud and abuse case requires the early initiation of an aggressive, pro-active approach. In this article, the author describes various techniques for establishing client relations, assessing the case, developing a favorable defense, and avoiding exclusionary sanctions.

Crime↗

Collateral sanctions for criminal convictions in the Medicare and Medicaid programs.

Under current federal and state laws, physicians convicted of Medicare and Medicaid program-related crimes face numerous possible sanctions that may be imposed in addition to the applicable criminal penalties. In this article, the author describes some of the collateral sanctions that physicians and their attorneys should be aware of in order to make informed decisions concerning the proper defense strategy in a criminal case.

Crime↗