The impact of criminal charges, even if they are ultimately determined to be unfounded, can have long-reaching consequences. For those with government jobs that necessitate federal security clearances, from the moment charges are filed, those clearances are in jeopardy.Read more
In 2016, we posted about the government’s legal right and ability to search a suspect’s smartphone. At the time, the Supreme Court had established that police need a warrant to gain access to an arrestee’s phone, but even with warrants the police encountered practical difficulties accessing data due to phones’ security features. In the ongoing battle between privacy and security, the law is struggling to catch up with rapidly changing technology.Read more
When it comes to bullying, harassing, and threatening on social media, where is the line between free speech and criminal behavior? In light of an unprecedented volume of school shootings, swatting, teen suicides, and other juvenile violence, local governments across the country are pulling out all of the stops to address the threats on social media that often lead to such disastrous consequences. Colorado has long had a harassment statute, and Denver has its own municipal code at play. In light of a recent challenge to Colorado’s statute, the validity of Denver’s code is also being questioned.
In the last post we discussed the Physician Self-Referral Law or STARK Law. Here, we are talking about the Anti-Kickback Statute (AKS). This law makes it unlawful to offer, pay, solicit, or receive anything of value to induce or reward referrals or generate federal health care program business. This statute is similar to the STARK Law in that it deals with physician referrals, but has this law has additional elements to prove.Read more
The Physician Self-Referral Law or STARK Law makes it unlawful for a physician to refer a patient to receive “designated health services” payable by Medicare or Medicaid from entities in which they themselves or an immediate family member have a financial interest. We first discuss the elements of the STARK Law, and then we dive into some of the common exceptions available to physicians.Read more
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