Aug 15, 2022 | Medical Malpractice, Personal Injury
Written by Lawyer Monthly
Most healthcare professionals are aware of the Stark Law but may not know exactly what it is or the penalties for violating it. In this article, we will discuss what the Stark Law is, what constitutes a violation, and the penalties for breaking it. We hope this information will help you stay compliant with this important law.
The Stark Law, also known as the “Anti-Kickback Statute,” is a federal law that prohibits any healthcare professional from referring patients to receive services from specific individuals or entities in return for illegal kickbacks. Violating the Stark Law can result in significant fines and even imprisonment.
If you’re facing accusations of healthcare fraud, you need a healthcare fraud attorney who knows how to fight Stark Law cases. Stark Law is a complex set of regulations that can be difficult to navigate, but an experienced attorney will know how to build a strong defence and get the best possible outcome for your case. With so much at stake, it’s important to have an advocate on your side who knows the ins and outs of Stark Law and can help you achieve the best possible outcome. Contact a healthcare fraud attorney today to discuss your case and get started on building a strong defence.
The federal government enacted the Medicare and Medicaid Patient and Program Protection Act (“Stark Law”) in 1989. The Stark Law seeks to prevent physicians from making referrals for certain health care services which are paid for by Medicare or Medicaid to an entity with which the physician or an immediate family member has a financial relationship unless an exception applies.
The term “financial relationship” includes ownership interests, investment interests, compensation arrangements, and other relationships. In general, the Stark Law prohibits a physician from referring a patient for designated health services to immediate family members with a financial relationship; this is to ensure that physicians make referral decisions based on the best interests of their patients, rather than on their own financial interests. The law applies to a wide range of health care services, including laboratory tests, radiology services, and durable medical equipment.
A stark law violation occurs when a physician refers a patient to an entity with which the physician or immediate family member has a financial relationship unless an exception applies. The patient must be referred to a designated health service, and the referral must be made for medically necessary reasons. For example, if a doctor owns a laboratory and refers patients to that laboratory for blood tests, that would be considered a stark law violation. Other examples of stark law violations include referring patients to a clinic owned by the physician’s spouse or referring patients to a hospital in which the physician has an ownership interest. Violators of the Stark Law may be subject to civil penalties, including exclusion from Medicare and Medicaid.
The penalties for violating the Stark Law are significant. Civil monetary penalties of up to $100,000 per violation may be imposed, as well as exclusion from participation in the Medicare and Medicaid programs. In addition, persons who knowingly submit false claims for payment containing referrals prohibited by the Stark Law may be subject to criminal penalties under the False Claims Act.
Depending on the country, a stark violation may result in a prison sentence, a fine, or both. The specific penalties for a stark violation will vary depending on the severity of the offence and the jurisdiction in which it is prosecuted. However, because stark laws are designed to protect vulnerable populations, they typically carry harsher punishments than other types of laws. In addition, many jurisdictions have laws that allow for enhanced penalties if the offender has a prior record of stark violations. As a result, it is important to consult with an experienced attorney if you have been accused of violating a stark law.
The Office of Inspector General (OIG) for the Department of Health and Human Services is responsible for enforcing the Stark Law. The OIG enforces the Stark Law through investigations, audits, and reviews. The OIG also works with the Department of Justice to prosecute cases involving violations of the Stark Law. In addition to enforcing the Stark Law, the OIG also works to prevent fraud, waste, and abuse in the Medicare and Medicaid programs. The OIG may conduct audits and investigations of physicians and other health care providers to determine compliance with the Stark Law.
Shared from Lawyer-Monthly.com
Aug 11, 2022 | Business Law, LLC Business
Recession, rising inflation, a contracting economy, a sharp downturn, a bear market. These are the words in our news headlines. If you hold the purse strings to a budget, hold your nerve. It’s important not to be reactionary and panic. Keep focused on your company’s long-term objectives and use PR and comms to gain a competitive advantage.
This downturn could be short and sharp or long and drawn out. The legal firms that will win will be the ones that keep relationships strong with all their key audiences, who are strategic in approach but who allow for a healthy dose of opportunism.
During a recession or economic downturn, businesses immediately look for services that can be cut to save money. In the past, the PR, comms and marketing teams have been at the sharp end of this. However, businesses are learning that they need communicators.
Your clients, employees and stakeholders all need to be kept close, up to speed and able to buy into company decisions and developments. It’s also important to keep the focus on the top end of the funnel to continue to build relationships with prospects so that you are there for them when they require it.
When it comes to your legal business, it’s imperative to ensure your messages are considered, curated and communicated during tough times. Turning off communications in the short term will hurt your future goals.
A 2010 Harvard Business Review study of 4,700 companies going through recessions found that “firms that cut costs faster and deeper than rivals don’t necessarily flourish. They have the lowest probability—21%—of pulling ahead of the competition when times get better.”
Here are some top tips to make sure that you don’t lose ground.
Prepare your communications plan
Review your issues and crisis preparedness: Have you foreseen all the issues related to your legal business during this recession? What’s the impact of continued inflation on your business and employees? Have you plotted out potential scenarios, do you know what your company stance will be and have you developed supporting statements? Are your spokespeople trained to support your messages?
Stay ahead of competitors with clever content
If your competition reduces their PR and comms activity, this is the time to secure a competitive advantage. By holding your nerve and continuing to bring value to the sector you can secure a strong share of voice, build third-party endorsement and elevate your position. If you switch off now, you’ll have to spend a lot more time and effort switching back on and mobilising.
Support your sector and grow positive relationships
If your competitors are drawing back on partnerships, sponsorships and media spend, then this is the time to pick up coveted opportunities and tie in multi-year opportunities at a good rate. You’ll also build a huge amount of goodwill this way and the rewards will be mutually beneficial. This type of activity also sends a sign to the market that you are in good shape and in control.
A little help goes a long way
Think about what counsel, advice and support you can develop to help your clients or customers ‘free of charge’. If you have a ‘helpful’ plan this can be mobilised via your PR approach, personal brand and your thought leadership content strategy and any other comms touchpoints you have.
Maintain the focus on securing talent
Even during a recession, you will still need to keep the best and hire the best. Communicating your strategy to manage the recession to potential employees will reassure internal and external stakeholders alike. Whatever decisions need to be made in your legal business, you need a communications team to explain these decisions to your employees and ensure your comms is top-notch.
Increase your ranking
While competitors are dormant, what can you do to build digital ground and your rankings for keywords? Build your content strategy, secure those backlinks, keep focused on your domain authority and use the time to get to know the new GA4 analytics from Google.
Check what’s on your search engine results page
What do you see on the first two pages of Bing or Google if you search for your company’s name? Use this time to develop a SERP strategy to curate and influence what different search terms reveal about your business. Make what people find interesting and reflective of you as a business – infographics, video, media coverage, reviews, and photography.
Focus on growth marketing
There is nothing like a recession to focus the mind and dissipate turf wars. If you always wanted to get your sales/business development, marketing and PR teams working together then now is the time. Get this right now and reap the rewards later. Build the pipeline.
Keep communicating your ESG plans
There is a risk that tighter budgets will mean less investment in ESG and corporate sustainability. But cutting investment in this area represents a significant risk in the long term, given upcoming legislative changes and the engaging nature of Gen-Z. Meanwhile continuing to communicate on ESG – including being transparent about the challenges – will pay dividends in the future for your legal business.
About AMBITIOUS PR: AMBITIOUS is a Bristol-based PR and communications agency with a local, regional and national remit. AMBITIOUS works with fast-growth, blue chip and multinational businesses as well as a number of public sector organisations.
About the author: Sarah Woodhouse , director at AMBITIOUS PR, is a seasoned public relations and communications professional with over 20 years of experience working in the UK and Asia. Agency-side, she has worked for Edelman, McCann Erickson and previously co-owned impactasia in China which was sold to Cohn & Wolfe (WPP) in 2011.
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Written by Sarah Woodhouse | Shared from Lawyer-Monthly.com
Aug 10, 2022 | Criminal Law
In a large proportion of aggravated assault cases, self-defense is seen as a staple stance for the accused and his or her legal team to take.
Claiming self-defense means that the burden of proof lies with the prosecutors, as they must demonstrate that the defendant is indeed the instigator, rather than in fact being the victim of an assault from the plaintiff.
If you can show that the other party struck the first blow, this is fairly conclusive proof that any retaliation you made was indeed self-defense.
Another defense option that can make waves is arguing that the assault occurred accidentally. That way you’re not denying the accused individual’s involvement, but rather claiming that they did not deliberately perpetrate the act in question.
Intent is key in all assault cases, and it may be arguable that even an aggravated assault was accidental, so long as there is sufficient evidence and testimony to support this.
Why you need an expert lawyer to defend an aggravated assault charge
There’s no point taking chances with aggravated assault, as it’s a felony that must be dealt with by a professional attorney or legal team, rather than fought by an amateur.
Those with the experience and training in matters of defending aggravated assault charges are perfectly positioned to pick an approach which will work out more often than not. With that said, let’s delve into the tactics that you should avoid if possible.
Defenses that will crumble quickly rather than enduring
You might think that if the assault was consensual, then the plaintiff won’t have a leg to stand on in the courtroom.
In reality, even if the individual actually asked you to do physical harm to them, this is still classified as a crime in most places, and so won’t work as a defense.
This makes sense, of course, because it means that people can’t be coerced into giving verbal consent for a physical attack, and you can’t escape punishment if you take a playful request too far in the case that the victim decides to press charges against you. It’s a topic that’s as tricky as consent consumers give to companies .
You might also be tempted to argue for total innocence, denying playing a part in the aggravated assault incident that you’ve been accused of. Again, this is not a stance that will bring you the results you want if there is any evidence that proves your guilt beyond a reasonable doubt .
Even if the assault was accidental or partially consensual, there’s no point sticking to your guns and claiming innocence if you know that the prosecution can quickly show that you were indeed involved.
Final thoughts on fighting aggravated assault charges in court
Aggravated assault is treated as a felony crime in plenty of places, which means punishments can include several years behind bars, in addition to large fines and other penalties.
This is a good enough reason on its own to hire legal experts and put together a watertight defense, rather than taking a riskier strategy before judge and jury. There’s no point toying with fate when there’s a safer path to quashing accusations and restoring your dignity, whatever role you played in the incident itself.
Written by Lawyer Monthly | Shared from Lawyer-Monthly.com
Aug 9, 2022 | Personal Injury
If you have been hurt in an accident, personal injury lawyers may be able to help you . You may be wondering if your case warrants the help of a personal injury attorney. Here are a few types of cases that a personal injury lawyer may be able to help you with:
Automobile Accidents
When it comes to car accidents, the statistics are sobering. According to the National Highway Traffic Safety Administration, in 2009 there were over 1.3 million car accidents in the United States, resulting in over 37,000 deaths. In 2010, there were 1.4 million car accidents and over 38,000 deaths. The numbers continue to rise each year as more and more people drive on our roads.
One of the major causes of these accidents is driver error. Drivers who are distracted by their phones or other activities are at a much higher risk of getting into an accident. In fact, according to a study published in The Journal of General Internal Medicine, drivers who use cell phones while driving are four times as likely to get into an accident than drivers who don’t use cell phones while driving.
If you have been injured in a car accident, don’t hesitate to contact a personal injury lawyer for help. A skilled attorney can help you understand your rights and options after an accident and ensure that you receive the compensation you deserve.
Drivers who use cell phones while driving are four times as likely to get into an accident than drivers who don’t
Medications and Medical Equipment
Personal injury law firms handle lawsuits for faulty medications and ill-produced medical equipment. Cases like these can be difficult to win, but with the help of an experienced lawyer, you may be able to get the compensation you need to rebuild your life.
When medications are made and sold, they must meet certain safety standards. If a medication has been recalled because it is dangerous, you may be able to file a lawsuit against the company that made the medication.
Defective Baby Formula
In 2016, the U.S. Food and Drug Administration (FDA) received reports of seven deaths and dozens of hospitalisations associated with using a particular type of infant formula. The product in question was a type of baby formula manufactured by the company Mead Johnson. The formula was reportedly laced with an undisclosed chemical that interacted with other drugs a baby might be taking, causing dangerous levels of potassium to build up in the child’s bloodstream.
Many parents are choosing to switch their babies to other types of formulas after learning about this issue, but there is still concern that other brands may also be contaminated and could cause serious health problems for infants. If you or someone you know has been affected by this defective baby formula, it is important to speak to an attorney as soon as possible so they can help you pursue any potential legal options available to you.
Work Accident Claim
One of the most common types of legal claims that personal injury lawyers handle is work-related accidents. These claims can arise from a variety of causes, such as slips and falls on treacherous floors, exposure to dangerous chemicals or fumes, or being in the line of fire. If you have been injured as a result of an accident at work, it is important to speak with an attorney as soon as possible so they can help you determine your rights and potential legal remedies.
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If you are concerned that you may have suffered a personal injury in which you may have grounds to pursue legal action, please do not hesitate to contact a personal injury lawyer for advice. A knowledgeable lawyer can help guide you through the process and provide you with the support and resources you need to achieve justice.
Slip and Fall in Public Places
Slip and fall accidents can happen at any time, in any place. If you are the victim of a slip and fall accident, it is important to seek the advice of a personal injury lawyer as soon as possible. The law protects individuals who are injured as a result of slips and falls in public places. In most cases, the victim will be able to recover damages for their injuries, including medical expenses, lost wages, pain and suffering, and more.
Nursing Home Abuse And Neglect
Nursing home abuse and neglect are two major types of personal injury that can occur to elderly or disabled residents. In nursing homes, residents can be subjected to physical, sexual and emotional abuse. They may also be neglected, which means that they do not receive the proper care and nutrients they need to stay healthy. If you are a resident of a nursing home and experience abuse or neglect, you may have legal recourse available to you. An experienced personal injury lawyer can help you file a lawsuit against the nursing home or its employees, and may be able to provide legal assistance with other aspects of your case such as settlement negotiations. If you are injured in a nursing home incident, contact an experienced attorney as soon as possible for advice on how to proceed.
Ultimately, any case that a personal injury lawyer might take on is based on the specific facts of the situation. Don’t hesitate to reach out to an experienced lawyer for guidance and support.
Written by Oliver Sullivan |
Shared from Lawyer-Monthly.com
Aug 9, 2022 | HOA Legal
Written by bkabritsor
Homeowners often like to offer short-term rental opportunities because they have the potential to bring in considerable money. However, many HOA communities are restricting their residents from offering short-term rentals, and there are a number of reasons why they are doing so.
Per the Homeowner’s Protection Bureau, many HOAs want to restrict their homeowners from offering short-term rentals for the following reasons.
Why some HOAs are against short-term rentals
Many HOAs are against short-term rentals. Often, HOA boards cite the fact that while they offer benefits to the homeowner by charging a fee for the space, they also come with drawbacks for others living in the community. For starters, short-term renters are more likely to make messes and noise throughout the day and well into the night than actual residents. Some residents are also resistant to short-term renters because they feel as if the regular coming and going of renters disrupt their quiet communities and causes parking and traffic issues.
Why some HOAs are able to restrict short-term rentals
Whether an HOA has the ability to restrict its residents from offering short-term rentals depends on several factors. An HOA needs to have legal and contractual authority to do so. This generally comes in the form of either state law, an HOA declaration or covenant or a combination of both. HOA declarations occur when residents of an HOA community agree to certain terms when it comes to living in their communities.
In summary, many HOAs do have the power to restrict short-term rentals, but they need to have a legal leg to stand on in doing so.
Shared from Gregg & Gregg, P.C.
Aug 4, 2022 | HOA Legal
An appeals court rules on an HOA dispute concerning the redevelopment of a golf course. The ruling has partially come out in favor of the homeowners association.
## THE AFTERMATH OF HURRICANE FLORENCE
In 2018, [Hurricane Florence](https://www.weather.gov/ilm/HurricaneFlorence) hit North Carolina and devastated the Cape Fear region. The state also suffered from billions of dollars worth of damages. One subdivision, The Cape, did not come out unscathed.
The hurricane brought on physical damage to many structures in the HOA. The community had removed and torn down the pool and the clubhouse, with plans for restoration in the future. However, that restoration never happened. And it led to a fracture in the community, says HOA President Bill Conley.
In addition to [the pool](https://www.hoamanagement.com/pool-safety-how-to-keep-your-community/) and clubhouse, the HOA’s golf course was also shutting down and being redeveloped into something else. Homeowners felt outraged and filed a lawsuit against the course’s property owner. The lawsuit eventually reached the North Carolina Court of Appeals.
## COURT RULES ON HOA DISPUTE
The appeals court has ruled partially in favor of the HOA. According to the ruling, the New Hanover County judge was incorrect in granting summary judgment for the golf course’s owner. The owner had claimed that they had an easement to utilize the neighborhood’s streets without having maintenance responsibilities.
Homeowners in The Cape HOA wanted involvement in the redevelopment. They wanted to have a say in what the developer would build on the land, as it would have an effect on the entire community.
Conley stated that the homeowners’ concerns were mainly about the what and the how — what will be built and how it will be built. After all, these things can have a direct impact on the neighborhood’s flooding.
The HOA claimed that the developers had no right to use the roads of the neighborhood. And the lawsuit served as a way to not give the developers permission to use the roads until both parties came to an agreement. However, negotiations never brought any results.
Written by | Source: HOA Management
Aug 4, 2022 | A&P News, Community News
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Written by | Article Shared from
Aug 2, 2022 | A&P News, Community News
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Written by @AdelinGasana | Article Shared from Bo Legs Fillm
Jul 25, 2022 | Legal Community, Music Law
Whether you’re the victim of a car crash, medical mistake, or slip and fall, the experienced attorneys at attorneys of Arrington & Phillips, LLP can help you build a compelling case, gather relevant evidence, negotiate, and help you get the compensation you deserve. We diligently fight on behalf of our clients to help them receive maximum compensation with minimum stress, and help you understand your rights and options after an accident. Our goal is to provide you with the highest level of service and value throughout the entire process.
Jul 18, 2022 | Entertainment Industry, Music Law
At Arrington & Phillips, LLP, we understand the dedication you have applied to your career and will handle your legal matters with the utmost care and attention to detail. If you are an artist, record company, music publisher, or online music business, we can help with your intellectual property and business needs. Our wide range of experience in music legal issues includes:
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Copyright and trademark law
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Negotiation, review and drafting of contracts
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Acquisition and development
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Protection from lawsuits
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General legal counsel
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Litigation
Jul 15, 2022 | Legal Community, Music Law
If copyright creates
a group of exclusive rights in the creator, that should mean permission is needed when you want to incorporate someone else’s creative work into your own. But permission is not always needed. Fair use is a concept that can protect you from a claim of infringement when using someone else’s work without permission. The question is, when is the use fair? There is no bright line answer to the fair use question but there is a framework for analyzing the problem.
The Four Factors of Fair Use
Four factors must be considered when thinking about fair use:
(1) the purpose and character of the use including whether the use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
These factors must be balanced in light of the objective of copyright law which is to encourage the progress of useful arts. Many people suffer from the misconception that if a use is commercial, it cannot be fair. The
Supreme Court has rejected that notion:
“Instead, the central purpose of the analysis is to see whether the new work merely supersedes the original creation, or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is transformative. “
The more transformative the new work the less important the other factors, including commercialism, become.
How have you changed the work?
Let’s take a look at each factor using concrete examples of the law in action (often inconsistently) in specific cases.
The First Factor
How and why are you using the original work? That is the essence of the first factor — the purpose and character of use.
The estate of Dr. Seuss tried to shut down a play called Who’s Holiday which depicts the character Cindy Lou Who in middle age. The story picks up from where The Grinch Who Stole Christmas left off and things haven’t gone well for Cindy Lou.
Cindy Lou is not so sweet and innocent anymore. She’s a drug-addled, foul-mouthed, ex-con who had a child with the Grinch then killed him (the Grinch, not the child). The court had no trouble finding that the play is transformative of the original work because it recontextualizes the children’s story by mocking its naiveté.
Parody is considered transformative and therefore fair use because of its character and purpose. Scholarship, research and educational uses often also qualify as fair use.
Fair Use Tip
Be prepared to articulate why you have chosen to use someone else’s creative work and how you have transformed it into something new or with a different message.
Transformative use has found footing in the visual arts. An LA street artist sued the band Green Day for infringement when they used his image as part of a video back drop for their stage performances.
The court decided that the use was fair because the image conveyed new information, aesthetics, insights, and understandings distinct from the original piece. Incidentally, the street artist, Derek Seltzer, had a copyright registration on his work
unlike Rime. But, as they say in the UK, fat lot of good it did him.
The Second & Third Fair Use Factors
Highly creative works are entitled to more protection than works that are less creative. That’s the crux of the second factor. Facts and ideas aren’t protected by copyright at all.
When Gerald Ford left office, he wrote a memoir in which he explained his rationale for pardoning Richard Nixon. The magazine The Nation obtained a pre-release copy and wrote an article called “Behind the Nixon Pardon.” The article quoted 300 words verbatim from the book. Ford’s publishers sued for infringement.
The magazine argued that facts aren’t protected by copyright. The pardon is a fact of historic significance. Plus, they only used 300 words out of the book and the rest was paraphrased so there couldn’t be infringement, they reasoned.
The case went all the way up to the Supreme Court which held that Ford’s expression of the facts surrounding the pardon is creative and protected.
The 300 words The Nation took are the heart and soul of the book and were made into the “dramatic focal points” of the article. Even though not many words were taken, the ones that were taken were substantial (the third factor). Everybody wanted to know what Ford was thinking when he pardoned Nixon and The Nation scooped the man’s own words.
It was a case of principle, not principal. The publishers were awarded $12,500 for their victory.
The Fourth Fair Use Factor
If use of the original work has a negative impact on its marketability, that weighs against fair use.
In the Sconnie Nation case, a small batch of T-shirts was made from a photograph of the mayor of Madison, Wisconsin. The image was snagged off of the city’s website, posterized (reduced to a small number of different tones), the background removed, and the mayor’s face was turned green. The photographer sued for infringement.
The court held that the use of the image was fair because the T-shirt did not have an adverse impact on the market for the photograph. This seems plausible. The third factor also supported fair use because the court decided only a small amount of copying was involved. This seems disingenuous but that’s how these things go sometimes. Although the court found fair use, the transformative nature (or not) of the work played no role.
Fair Use Isn’t Always Needed
When permission is given for use of an original work such as with Creative Commons licenses, a fair use analysis isn’t needed. If the original creative work is in the public domain, fair use does not need to be considered. Public domain works are not protected by copyright.
Another example of copyright-free material is a faithful photographic reproduction of a two-dimensional piece of art. The art itself might be protected by copyright, say a new piece of visual art, but the photo of the art is not.
Fair Use Protection Isn’t Perfect
Whether using someone else’s creative work is fair is a fact intensive analysis — with the possibility of different conclusions depending on who does it. But it is an important analysis to make because it reduces your risk of an infringement claim if you’re using someone else’s work. Considering the four factors of fair use also protects you from making an incorrect claim that someone else has infringed your work.
About the Author
Kathryn Goldman helps small business people, writers, artists, and creative professionals make a living from their creative work by teaching them how to protect and enforce their rights.
She is an attorney who writes these posts to help you be more thoughtful about intellectual property and the law as you build your business, write your stories, and create your art.
Jul 13, 2022 | Film & TV, Filmmakers
Postproduction refers to the time in the movie production when the shooting is done and the film is undergoing editing which requires the help of editors and composers. Common agreements needed during this time period include editor agreements and composer agreements.
Like actors, editors and composers may belong to a guild or union which can impact the nature and complexity of their agreements. However, the agreements will typically include the term of employment, the rate of employment and should also address who will own the finished product.
Editors are usually hired on a “work-for-hire” basis, which enables the producer to maintain ownership of the edited product. Often, compensation is divided based on the number of times the film needs to be edited or the number of compositions that are required to be written by the composer.
It is not uncommon for a film to use many editors at a time and it is therefore important to split the agreement up in this manner to ensure that the producer can continue to hire more editors as needed.
It is also critically important for the success of a film to use music and other sound to create sound effects. It is equally important to use clips of film and TV to enhance the overall presentation of the movie. This is a very complex area of filmmaking and unsurprisingly involves even more types of agreements, clearances, and licenses, such as sync agreements.
