Tag Archives: Rafael A. Gaitan

17 Jan

House subcommittee passes bill authorizing the Surgeon General to restrict the license of doctors who over-prescribe narcotics

January 17, 2012.  Today, the House Health & Human Services Quality Subcommittee passed a bill aimed at giving the Surgeon General more power to stop doctors who over-prescribe narcotics, but only after a rewrite removing the word “suspension” — a compromise worked out between the Florida Medical Association and  Department of Health. Under the rewritten version of

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09 Jan

Medicare delays RAC demonstration program intended to hold back payments to hospitals

CMS has announced that it will postpone its Recovery Audit (RAC) Prepayment Review demonstration project that would have held up payments to hospitals until the Medicare RAC reviews the claim to ensure that the provider complied with all Medicare payment rules. The Medicare RAC Prepayment Review demonstration called for the RACs to conduct prepayment review of claims for 15 procedures that historically result in high rates of improper payments. Many doctors were unhappy with the proposed program, especially cardiologists, who would be most affected since 11 of the 15 procedures identified for Medicare RAC prepayment review affect cardiologists.

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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.

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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.

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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

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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,

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04 Oct

Florida foreclosure rate still ranked second highest among all states

On October 4, 2010 Realty Trac reported that “Florida foreclosure activity decreased, year-over-year, for the fifth straight month in August, but the state’s foreclosure rate still ranked second highest among all states.” This August, The number of Florida housing units receiving a foreclosure filing went up 10 percent when compared to July, accounting for nearly

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