2010 - Experienced Health Care and FDA Attorneys

22 Dec

Revised HIPAA: Who is a “Business Associate”? What Each Business Associate Must Know?

For the purposes of HIPAA, any person or business providing particular services to a covered entity involving “protected health information” (PHI) is known as a “business associate”; in fact anyone who would have occasion to encounter PHI in the course of their work for a HIPAA-covered entity—is a “business associate” and is not only under the same duty as the covered entity to comport itself by the dictates of HIPAA, but must also have a Business Associate Agreement (BAA). At Gaitan Morales, we regularly counsel health care entities and their subcontractors on such regulatory issues as HIPAA, the HITECH rule, the Red Flag rules and numerous other laws and regulations that govern the health care industry. To protect your medical practice or associated health care business from a regulatory mishap, call Rafael A. Gaitan, Esq. today at 305.329.1462, to schedule a free initial consultation and learn more about how the law firm of Gaitan Morales can help you.

16 Dec

More Fraud in Foreclosure Cases: Florida Investigates Process Servers Practices

The Florida Attorney General’s office (AG), along with State regulators, are investigating two process servicing companies that deliver foreclosure notices to homeowners, on civil allegations of slipshod business practices. Process servicers are persons who have been certified to administer “service”, that is the official delivery of legal papers on parties, witnesses or other people involved in a case. Failure to deliver these documents to the defendant homeowner, can result in the homeowner losing its home without the benefit of the judicial process. Attorney Rafael A. Gaitan, at Gaitan Morales, PLLC, represents homeowners at risk of losing their homes.

15 Dec

FTC and States Settle Deceptive Advertising Case Against Dannon

Today, the Federal Trade Commission (FTC) and Attorney’s General (AG) from 39 states announced a settlement with The Dannon Company over deceptive advertising practices, based on marketing campaigns heralding the health benefits of its Activia brand yogurts and DanActive brand dairy drinks.

28 Oct

Foreclosures up 44% in Charlotte area

According to RealtyTrac Inc., the Charlotte metropolitan area experienced a 43.9 percent jump in residential foreclosures in the third-quarter when compared to the same period last year. In the third quarter of 2010, some 4,956 homes in the Charlotte-Gastonia-Concord region were reportedly in the foreclosure process, making the Charlotte metro area the 73rd in the

25 Oct

FDA announces voluntary recall of Halloween treats

Just six days before trick-or-treaters head out to collect candy, the Food and Drug Administration (FDA) announced the recall of two popular Halloween treats – Mega Pops lollipops and RAISINETS® Fun Size. Mega Pops brand lollipops – Colombina S.A. has issued a voluntarily recall of specific lots of Mega Pops in 14-ounce and 28-ounce cellophane

25 Oct

RAC expands to State Medicaid Program

Through an Oct. 1 letter to State Medicaid Directors, Peter Budetti, Deputy Administrator for the Center for Medicare and Medicaid Services (CMS), provided initial guidance on the implementation of the Recovery Audit Contractor (RAC) programs by State Medicaid agencies. Section 6411 of the Affordable Care Act, calls for the expansion of the RAC Program by

07 Oct

FDA & DOJ file an injunction to stop juice company’s processing & distribution

At the request of the U.S. Food and Drug Administration (FDA), the U.S. Department of Justice (DOJ) today filed a complaint for permanent injunction against Brooklyn-based juice company, Juices Incorporated (also known as Juices International and Juices Enterprises), to prevent it from processing and distributing juice products.

07 Oct

Wells Fargo settles deceptive loans claim; over 4,000 Florida borrowers will be eligible for loan modifications

Florida Attorney General Bill McCollum today announced a multi state agreement with Wells Fargo Bank over allegations of deceptive marketing practices of adjustable rate mortgage loans (POA’s) made by its subsidiaries, Wachovia Corporation and Golden West Corporation. Under the settlement agreement, Wells Fargo has agreed to offer loan modifications to 8,700 borrowers in eight states,

07 Oct

Online dietary supplement marketer receives joint Warning Letter from FTC & FDA

Telledant LLC, a Miami based online distributor of dietary supplements, was issued a joint Warning Letter on September 28, 2010 by the U.S. Federal Trade Commission (FTC) and Food and Drug Administration (FDA). In the Warning Letter, the FTC and FDA warn Telledant, LLC that its marketing and claims for a variety of products are in violation of federal laws and regulations.

06 Oct

N.C. attorney general urges lenders to suspend foreclosures

Through a News Release issued on October 6, 2010, N.C. Attorney General Roy Cooper announced that he is calling on 14 mortgage lenders to suspend foreclosures in North Carolina until they can show that their affidavit procedures have been reviewed and are in compliance with the law.

Yearly Archives: 2010