California law mandates that drug and alcohol treatment facilities comply with various regulations to ensure quality care and safety for patients. These regulations include licensing requirements, staffing qualifications, treatment protocols, facility standards, confidentiality of patient information, and ethical practices. Drug and alcohol treatment facility compliance allows patients to receive effective treatment for substance abuse.  Working with an experienced healthcare lawyer at Fenton Jurkowitz Law Group will ensure that your online alcohol treatment, inpatient alcohol treatment ..read more

Anne Schneider’s article, “The Cosmetic Surgery Industry: Proceed With Caution,” was recently published in Healthcare Business Today. In the article, Anne sheds light on the ability of doctors in California to practice in specialties they did not complete a residency in, and how this practice extends into the cosmetic surgery industry. She reviews board certifications in plastic and cosmetic surgery and their distinctions in training and provides suggestions to improve public awareness and physician specialty education.  “Although state laws on the issue vary, a licensed physician in the ..read more

Suppose a patient visits the dental office for a crown to address a cracked tooth. The patient’s insurance is expected to cover 50% of the cost, with the patient responsible for the remainder. As the dental office is in-network with the patient’s insurance provider, the vendor is obligated to reimburse the dental office for half of the procedure’s cost. However, if the insurance company fails to cover its agreed-upon portion of the cost, the dental office has the right to dispute the reimbursement.  Determining when to dispute vendor reimbursements requires assistance from healthcare law ..read more

Similar to any legally binding agreement, including healthcare employment contracts, provider contracts have specific conditions and rules dictating how and when they can be terminated. As a healthcare provider, you have already outlined the terms of the agreement to ensure your services are appropriately covered by the payer. However, situations may arise when terminating the contract becomes necessary. Now what? First and foremost, it is crucial to contact an experienced California healthcare law lawyer to avoid facing a wrongful termination lawsuit. Our Los Angeles healthcare lawyers are w ..read more

Operating or working in a convalescent home, also known as a skilled nursing facility or rehabilitation center, requires a great deal of patience, attention to detail, and a serious commitment to the well-being of residents facing significant health challenges, be it physical, emotional, or mental. Patients in these facilities need help to get back to their normal lives after being sick, injured, or undergoing surgery. This journey requires not only external care but also inner strength and resilience. When helping convalescent home residents on their path to recovery, it is crucial to comply ..read more

Staying up to date with the latest California pharmacy laws is critical in ensuring compliance of your pharmacy with state and federal regulations. As these laws update frequently, it is of the utmost importance to consult a lawyer specializing in the nuances of California pharmacy laws. Having a lawyer retained will help protect from legal issues that may arise from misinformation on the latest best practices. As of January 1, 2024, several new California pharmacy laws have gone into effect with more to begin in 2025. Below, we will highlight the Business and Professions Code changes we foun ..read more

Healthcare providers and other stakeholders have moral, ethical, and legal obligations to safeguard patient privacy and ensure data security. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) establishes national standards aimed at preventing the unauthorized disclosure of sensitive patient health information. HIPAA compliance prohibits healthcare data from going public without the patient’s knowledge or consent. Similar to the concerns surrounding data privacy on social media platforms such as Facebook, healthcare data must be handled with the highest standards of care ..read more

You may not immediately think of a healthcare entity as a business because of its caregiving nature, but it definitely operates within a complex business framework. Healthcare providers face financial challenges, navigate regulatory compliance (also known as HIPAA), and address operational considerations – such as medical staff bylaws – just like any other business.  At Fenton Law Group, we offer top-tier legal advice to assist you with handling healthcare business disputes. If your firm finds itself entangled in a challenging situation involving a physician, patient, hospital, or any ot ..read more

Benjamin Fenton was recently quoted in the Courthouse News article, “Kaiser aims for mediation to avoid nurse’s $41.5 million retaliation award” which examines how the healthcare giant is responding to nurse Maria Gatchalian being awarded a massive sum in a retaliation case. Ms. Gatchalian sued Kaiser Permanente on the basis that she was wrongfully terminated for speaking up about problems within the hospital after her supervisors advised her not to.  “There must have been some pretty egregious evidence to support the retaliation claim,” Benjamin shares in regards to the jury’s decision ..read more

  Medicare recovery audits target healthcare providers, facilities, and organizations that submit reimbursement claims under the Medicare Fee-for-Service (FFS) program. In other words, as the Centers for Medicare and Medicaid Services (CMS) stated, “If you bill FFS programs, your claim will be subject to review by the Recovery Auditors.” You might have read our post on Recovery Audit Contractor (RAC) Audits, but there’s more updated information to share on the Medicare Recovery Audit program, including how to prevent your practice from receiving audits.  What Are Medicare Recovery A ..read more