When the DEA or FDA began an investigation that includes auditing pharmacy records in conjunction with controlled substance investigations, the pharmacy needs a healthcare attorney to represent them during all phases of the investigation. The investigation and enforcement phase can be a trying and difficult time for pharmacy owners and their employees alike.
How can a healthcare attorney help?
By retaining a healthcare attorney, you are helping to protect yourself during the proceedings of government, insurance, and 3rd party audits. If a pharmacy owner or their staff are found to not be complying with HIPAA or federal drug statutes, the repercussions can include both civil and criminal penalties for all those involved in the citations.
In addition, healthcare providers can seek exclusion from federal health care programs for any pharmacy found to be in violation of the federal Stark regulations.
Board of Pharmacy investigations
A healthcare attorney can ensure you are fully prepared for any risk management and preparatory audit, as well as offer representation during Board of Pharmacy investigations and enforcement proceedings.
Healthcare attorneys also represent home health care companies to assist them with regular Joint Commission accreditation surveys that are unannounced. These accreditations take place every 39 months, per Joint Commission standards.
Criminal proceedings
If you’re a pharmacy owner or employee who is facing criminal proceedings forced by either the DEA or another law enforcement entity, you should speak with a healthcare attorney prior to talking with any law enforcement representative.
A healthcare attorney can ensure rights are protected, and that no criminal proceedings are set in motion full understanding of the case against you.
Conclusion | How can a healthcare attorney help?
In the federal Stark laws, and anti-kickback cases, if civil or criminal proceedings move forward against you, you can be excluded from participation in any government medical coverage programs in the future. This can be devastating to a pharmacy, forcing them to cash bill their patients. Prior to allowing any audit to begin, contact a healthcare attorney so that you have adequate representation.
