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Avoiding Medical Practice Disaster: Pain Medication, Prescription and Other Commonly Misunderstood Laws



Tuesday, March 20, 2012
Product Code - lgn15
Speaker(s): Alan S. Gassman, Gassman Law Associates, P.A.; Lester J. Perling, Broad and Cassel
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Florida’s Patient Self-Referral Act, along with new pain medicine and prescription rules, provide significant traps for the unwary. Learn how to avoid these traps that could lead to medical practice disaster and understand what healthcare lawyers and advisors need to know about the Act, clinic registration requirements, and law enforcement actions and initiatives.

Many professionals have Florida clients who may be in compliance with federal self-referral, billing, patient privacy, anti-kickback, non-physician owned practice, advertising and other regulations but who do not realize that Florida has different and often stricter civil and criminal rules that must be followed. This, coupled with active Florida Attorney General enforcement, makes it crucial to make sure that these laws are understood and followed.

Healthcare attorneys Lester Perling and Alan Gassman will provide their extensive materials which simplify an otherwise extremely complex and confusing labyrinth of rules and regulations. Aimed at healthcare lawyers and advisors who represent corporate or individual medical practices, the presentation and outline will explain the primary dangers and provide information on how to avoid them.

Educational Objectives:

• Understand why every doctor in Florida who prescribes medication for chronic non-malignant pain should have registered with the Department of Health by December 31, 2011, and what to do if that did not occur.

• Learn how to determine whether a medical practice is a “pain clinic” and the operation and regulatory requirements for such practices.

• Understand the requirements for participation in the new Department of Health Web Portal to report all covered controlled substance prescriptions, and why non-prescribing providers should also join the Portal program.

• Learn how Florida’s Patient Self-Referral Act is similar but dangerously different from the Stark Law and how to avoid criminal penalties and loss of billing ability sanctions that can apply notwithstanding compliance with the Stark Law.

• Find out about situations where the Florida Patient Self-Referral Act permits conduct for non-Medicare/non-Medicaid activities that would not otherwise be permitted under the Stark Law.

• Understand how Florida’s non-competition rules impact physicians and physician practices.

Who would benefit most from attending this program?

The program will be most beneficial for healthcare lawyers and advisors who represent corporate or individual medical practices in Florida. They will benefit from the speakers elucidating the complicated rules and regulations regarding Florida’s Patient Self-Referral Act and pain medicine and prescription rules.

Program Level: Intermediate

Alan S. Gassman, Gassman Law Associates, P.A.; Lester J. Perling, Broad and Cassel

Alan S. Gassman / Gassman Law Associates, P.A.
Alan S. Gassman, J.D., LL.M., practices law in Clearwater, Florida and has spoken and published extensively on physician and medical practice structure and planning. He is a commentator for the Leimberg Information Services (ALISI@) and co-chairs the annual Florida Bar Continuing Education Conferences on Representing the Physician and Wealth Conservation. He has published numerous articles in BNA and other leading publications, and has been quoted by The Wall Street Journal, Forbes Magazine, Medical Economics, Modern Healthcare, and FloridaTrend magazine.

Lester J. Perling / Broad and Cassel
Lester J. Perling, J.D., is a Partner with Broad and Cassel and a member of its Health Law and White Collar Civil and Criminal Fraud Defense Practice Groups. He is board-certified in health law with extensive experience as a hospital executive. His practice is concentrated in fraud and abuse counseling and defense, third party disbursement, and related matters. Mr. Perling is a national lecturer and author and is consistently recognized as a leader in the legal profession by numerous national organizations. Mr. Perling is the Immediate Past Chair of the Florida Bar Health Law Section and past chair of the Bar’s Health Law Certification Committee.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

• Bloomberg BNA Subscriber - OnDemand format $199
• Non-Subscriber - OnDemand format $249
• CD recording of program $199 (Subscriber and Non-Subscriber)

Registration for Legal & Business programs is simple. You may either visit the registration page to register –or– call 1-800-372-1033, Option 6, and refer to the date and title of the program. Lines are open Monday through Friday from 8:00 a.m. to 8:00 p.m. ET.