Ready for Hurricane Sandy? An Illustrated Guide to Preparing for Disaster

Precautions all over the East Coast are being made in anticipation of Hurricane Sandy, or what some are referring to as a historic “Frankenstorm.” Officials are urging residents to stock up on food, water and batteries, some residents in low-lying and waterfront properties are being evacuated, and New York’s Governor Andrew Cuomo announced that the city’s subway, commuter rail and bus services will be suspended starting Sunday night, EST.

But what do we do on an individual level to prepare for a disaster? After last year’s Hurricane Irene and a rare New York City earthquake, the Center for Urban Pedagogy (CUP) and students in College Now—a program designed to prepare New York’s public high school students for success in college—interviewed insurance mavens, city and federal disaster planners, and environmental justice organizations to understand what disaster planning looks like on a community level.

Out of those conversations came the booklet, Are You Ready for a Ruckus, a tool for individuals and community organizations who’d like to start thinking about community preparedness, what that might look like, and why it matters. They help answer the bigger questions like: Will you be ready if a disaster strikes? What about your neighborhood? Who’s responsible for making a plan for your community?

The booklet, available as a free download here, will help anyone prepare for when the next disaster strikes your city, whether it be a Frankenstorm or not.

View the original article here

Understanding Fair Market Value: A Guide for Physicians

Last week, I detailed recent case law regarding medical practice leases and avoiding big trouble from the federal government. Now let’s look at what you can do to stay safe:

Step One: Is Medicare/Medicaid involved? Are you accepting Medicare and Medicaid patients which you may refer to your landlord for treatment? If the answer is “no,” federal law is not implicated.

Step Two: Understand, the law. You are required to know it. In fact the OIG takes the position that below-market office space rental is offered for the purpose of inducing referrals.

Step Three: Do not assume every business lawyer, medical malpractice defense lawyer, or real estate professional does know the law. I have personally spoken with many malpractice lawyers who ask, “What’s a Stark Law?”

Step Four: Do your “due diligence.” During negotiations, you must find out what fair market value is for office space in your location. This may require the retention of a Health Lawyer or a fair-market-value expert who specializes in hospital lease negotiations. While this is a pain, if you haven’t already, you must think of “compliance” as simply a cost of doing business.

Step Five: Haggle (and document the haggling). The hallmark of a “sweetheart deal” would be that an offer is made to you, and you replied, “Wow, that is too good a deal to pass up.” This isn’t always a bad thing – is simply could be. The offer of office space should start with a proposal per square foot, with provisions for finish out. The rate per square foot should be in line with other rates for comparable space. Naturally, finish out allowance will depend upon whether or not the landlord must pay to make the space suitable. If the space was vacated by a prior tenant and nearly perfect “as is,” then you should get a lower rate per square foot.

Step Six: Document the Safe Harbors in the lease. Recall that a violation of the False Claims Act or the Civil Monetary Penalties Statute law usually requires some showing of a “Knowing” violation. It is therefore important to show in the lease that “compliance” was top of mind. This will not be a problem if your landlord is a hospital. The hospital will certainly include this language in the contract. But if your lease is with a smaller practice, either a single doctor or a small group, you may be handed a standard real estate lease form. Put an addendum on it which complies with Stark and Anti-Kickback Statute Safe Harbors.

Understand, none of these steps will absolutely guarantee you won’t be sued. You cannot control whistleblowers. You can only control your actions. Adopting and implementing good compliance practices simply offers your best chance that a whistleblower law firm will decline to accept the case, or that an OIG agent will elect to quietly pass you by.

Find out more about Martin Merritt and our other Practice Notes bloggers.

View the original article here

Study Guide: Program or Be Programmed – Ten Commands for a Digital Age

In case you have read the book by Douglas Rushkoff, a study guide is also available.

Sorry, I could not read the content fromt this page.

View the original article here