DOJ Opioid Case Recovery The DOJ recently announced a $1.4 billion settlement with Reckitt Benckiser Group, PLC, resolving criminal and civil liability for the marketing of Suboxone, an opioid drug used by recovering opioid addicts. RB Group allegedly provided misleading information about product benefits to increase Suboxone prescriptions and aimed to prevent generic competition for medication. This is the federal…

Pain Management in the News Concerns about chronic pain management and opioid prescribing and use continue to be a primary focus of healthcare. Here are a couple of recent noteworthy items. Practitioners in this area must be careful to comply with rules and regulations, as well as the prevailing standard of care. Task Force in Western Virginia The Appalachian Regional…

Most healthcare providers are already aware of Virginia’s opioid abuse problem. By some accounts, abuse of opioids claims life of two Virginians daily. As a result, state and federal agencies, including the Virginia Board of Medicine and the DEA continue to focus on opioid prescribing. The Virginia Board of Medicine has established regulations governing opioid and buprenorphine/Suboxone prescribing. Generally, short-acting…

In the course of my healthcare practice, I am often asked to draft or review employment agreements, on behalf of employers and employees. Understanding the agreement is important, even for employees who think there is not much room to negotiate terms. Employees should at least be aware of and understand key provisions in the agreement. Most agreements set out the…

I get lots of call from healthcare providers asking about whistleblower cases. On a local note, a recent Maryland case resulted in $35 million False Claims Act deal with MedStar Health Inc., specifically MedStar Union Memorial Hospital and MedStar Franklin Square Medical Center, both in Baltimore. MedStar allegedly funneled kickbacks to cardiology group Midatlantic Cardiovascular Associates PA for referrals of…

A topic that often comes up in my practice is: must I disclose mental health records in response to a subpoena? The short answer is yes, but there is an important caveat. Mental health records do not receive different treatment under the law and generally they must be disclosed pursuant to a lawful subpoena. But psychotherapy notes do get special…

The Department of Health Professions oversees The Virginia Prescription Monitoring Program (PMP), a program created to promote the appropriate use of controlled substances for legitimate medical purposes while deterring the misuse, abuse, and diversion of controlled substances. The PMP impacts healthcare providers who prescribe or dispense controlled substances. Dispensing Physicians Physicians who dispense controlled substances are required to report certain…

The Virginia Board of Medicine The Virginia Department of Health Professions is comprised of 14 regulatory boards, including the Board of Medicine.  The Board of Medicine has the power to license, regulate, and discipline physicians. Its mission is to protect the public. Its mission is not to help, assist, or represent physicians. Who Can File a Board Complaint? Anyone can…

Anyone can file a complaint with the BOM. Complaints can be filed by patients, patients’ family members, other healthcare providers, employees, former employees, or competitors. Increasing awareness of this fact and the complaint process has likely led to an increase in the number of BOM complaints filed. Disciplinary action can include a reprimand, monetary penalty, restrictions on a physician’s license…

There is so much talk about medical marijuana these days.  Possession of marijuana is still illegal in Virginia, but Virginians now have an affirmative defense in some circumstances. Recently enacted laws allow medical professionals to assist patients with purchasing CBD oil and THC-A oil. Physicians, nurse practitioners, and physician assistants must register with the Virginia Board of Pharmacy to obtain written…