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

Fenton Jurkowitz Law Group is pleased to announce that seven attorneys were selected for inclusion in the 2024 Southern California “Super Lawyers” list by Thomson Reuters. The following attorneys have been recognized as “Super Lawyers” for their expertise in these practice areas: Henry Fenton – Health Care, Administrative Law, General Litigation Ben Fenton – Health Care, Administrative Law Nick Jurkowitz – Health Care, Administrative Law, Civil Litigation Beth Kase – Health Care, Administrative Law Alan Sedley – Health Care Dennis Lee – Appellate, Health Care Herbert Weinberg – Health Care ..read more

If you have reached the pivotal decision to sell your healthcare practice — be it for retirement, strategic business expansion, or any other purpose — there are detailed steps you can take to ensure a seamless and successful sale. At Fenton Jurkowitz Law Group, we offer top-tier legal advice as you sell your practice and complete the transaction successfully. That said, you can find an outline of the basics below in our Selling Your Healthcare Practice 101 guide. The more familiar you become with the process, the easier it will be to carry out the sale smoothly. Here is a list of initial step ..read more

An understanding of the intricacies of DEA audits in the pharmacy sector is a critical aspect of healthcare compliance. DEA audit pharmacy evaluations are much more than routine checks. Audits are foundational to ensuring that pharmacies adhere to the rigorous standards set by the Controlled Substances Act. From scrutinizing record-keeping to evaluating the storage and dispensing of controlled substances, these audits play a pivotal role in maintaining legal and ethical standards in the pharmaceutical industry. At the heart of DEA compliance lies an understanding of DEA audit requirements. Fo ..read more

In the digital era, safeguarding patient information has become paramount in healthcare, especially in long term care facilities. These facilities, distinct from typical healthcare environments, face unique challenges when it comes to HIPAA compliance. HIPAA is intended to protect sensitive patient health information. It is crucial, not just for safeguarding medical data but for maintaining the delicate balance of personal and professional relationships that develop over time. Residents often stay for extended periods, and the bonds that develop bring an added layer of complexity to maintaini ..read more