Pennsylvania Criminal Law
Legal Alert: Pennsylvania Target Healthcare Employers in Aggressive Wage Theft Enforcement
Healthcare employers in Pennsylvania—particularly home healthcare agencies—are facing heightened scrutiny under Pennsylvania’s Wage Payment and Collection Law (WPCL). As state regulators launch proactive enforcement initiatives and target industry-wide compliance, health care organizations must understand the legal dangers and financial exposure resulting from unpaid employee wages. ### Proactive Audits: Healthcare in the Crosshairs Historically, wage investigations…
Read MoreThe Pennsylvania Supreme Court has acknowledged that Section 3755 was “inartfully drafted”
Submitted by Professional License Defense Attorney, Richard Hark. The Pennsylvania Supreme Court has ruled that warrantless blood draws based on “probable cause” of driving under the influence permitted by 75 Pa.C.S.A. 3755 are unconstitutional. Nurses and emergency room blood draws are unconstitutional. In the past, the Supreme Court ruled that 3755(a) required “hospital personnel, in…
Read MoreNursing Home Admin Steals Elderly Residents, Deceased Residents’ Estates for Her Own Financial Benefit
Mia Hardy, 58, was arrested and charged by indictment with eight counts of wire fraud, arising from an alleged scheme to defraud the residents of two senior living facilities, residents’ heirs, and the facilities themselves. Hardy was employed first at Living Facility #1 and Senior Living Facility #2. Both used a resident fund management service…
Read MoreHOSPITAL CEO PLEADS GUILTY TO FRAUD WHILE FINANCIAL OFFICER AT PRIOR JOB
Its amazing the creativity and gall of people in control of the bank accounts and bill paying mechanism at corporations. “Prosecutors say Mr. MacGregor defrauded his former employer, which is identified in the documents as a company that “provided medical laboratory directorship and pathology services to hospitals and clinics and operated an independent lab.” He…
Read MoreDO NOT CALL IN A PRESCRIPTION IF YOU ARE NOT A PHYSICIAN
Samrat Mukherjee, a paramedic, admitted to posing as a physician and fabricating credentials, including a fake medical degree and residency match letter. He then called in prescriptions to pharmacies for himself and others. Using the identities of two physicians, for their licensing numbers, he claimed to have the authority to write prescriptions. He caused the…
Read MoreAct 53 of 2020…. Time for Reinstatement
We all know that a felony Drug Act conviction requires the healthcare boards in Pennsylvania to suspend a license for 10 years. https://phila-criminal-lawyer.com/drug-act-issues/felony-drug-convictions/ However, in 2020, a new law came into effect. Act 53 of 2020 provides that “the addition of [Section 3113] … shall apply to official acts and matters, including disciplinary matters, related…
Read MoreSenior Nurses Retirementd Creates Demand and Danger
Right now, the focus has to be on retaining experienced nurses as long as they want to stay,” Syl Trepanier, DNP, RN, chief nursing officer at Providence, told Becker’s. “That means refreshing the work environment, making the work itself more sustainable, and creating new opportunities that keep them engaged and fulfilled. https://www.beckershospitalreview.com/nursing/how-3-systems-plan-to-weather-rising-nurse-retirements.html?origin=BHRSUN&utm_source=BHRSUN&utm_medium=email&utm_content=newsletter&oly_enc_id=0816C9420678B0U However, less experienced…
Read MorePrivacy Issues for Small Pharmacies and Medical Practices
In Florida, and all over the country, public entities are filing nuisance law suits over opiates, corresponding responsibility violations of doctors and pharmacists, seeking to recover the costs to the community. Small business are swept up in sweeping civil nuisance law suits by local governments. I represent one pharmacy subpoenaed to produce 10 years of…
Read MorePhysician – not Physician’s Assistant – Must See Patients
A St. Louis physician plead guilty in August 2024 to one count of conspiracy. He admitted that while operating St. Louis General Hospital locations in the city and Creve Coeur, Mo., he and his office manager hired assistant physicians (“APs”) to see patients but billed federal healthcare programs as if he had seen them. He…
Read MoreAnother crazy fraud scheme and kick back statute violations
Alexandra Gehrke, 39, and her husband Jeffrey King, 46, both of Phoenix, agreed to pay $615 million and $605.7 million, respectively, in restitution, according to a Jan. 31 Justice Department news release. She instructed and financially incentivized these representatives to order grafts only in sizes of 4×6 centimeters or larger, even if the wound was…
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