How Much Does a Trademark Cost?

TL;DR Version: A common law trademark is FREE. Registering with a state is typically around $100. Federal registration for a single class will be anywhere between $225 and $1,500+, depending on what you want. Source: lelandfaux.com… Read More >>

2 Big Trademark Issues to Consider

TL,DR version: When you are in business, you want to avoid infringing on another's trademark and you should protect your interests in your own trademark. Going through the process of registering a trademark helps resolve these concerns. Source: lelandfaux.com… Read More >>

How is a Trademark Different from Copyright or a Patent?

… Source: lelandfaux.com… Read More >>

How is a Trademark Different from Copyright or a Patent?

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Should I get a Trademark?

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Should I get a Trademark?

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What is a Trademark?

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What is a Trademark?

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Franchise Agreements: 24 Things to Watch For

24 Things to Watch For Initial Franchise Fee Build Out Costs The Royalty Fee The Marketing Fee Duration Renewal Fees FDD Changes Jurisdiction for Disputes Who holds the lease Local Marketing Terms Business Experience of the Franchisors Prior closures Compliance… Read More >>

A Good Idea for Renewing Long-Term Contracts

When you are renewing a long-term contract, for example a commercial lease, it may be helpful to compare the current contract with the new one term by term. Doing so can help you identify important changes. For instance, the landlord… Read More >>

Taming of the Lawyer

And do as adversaries do in law, Strive mightily, but eat and drink as friends. The Taming Of The Shrew Act 1, scene 2, 269–277 Source: lelandfaux.com… Read More >>

Designated Health Services

Stark Law does not apply to all referrals–only to referrals for Designated Health Services (DHS). DHS include the following services: Clinical laboratory services. Physical therapy, occupational therapy, and outpatient speech-language pathology services. Radiology and certain other imaging services. Radiation therapy… Read More >>

Reasonable Minds Can Disagree!

I participate (mostly as a lurker) on a listserv for health law issues through the American Health Lawyers Association. It’s interesting to see some of the complex legal questions that are asked and the knowledge of the community as a… Read More >>

Lodestar Attorney’s Fees

I have taken some cases on a “lodestar” basis. In a lodestar case, the client pays a reduced fee but asks the court for a full amount of fees regardless. In other words, regardless of what the client pays, the… Read More >>

Obtaining Informed Consent in Nevada

Informed consent is generally governed by two Nevada statutes: NRS 41A.110 and NRS 449.710(6). I say “generally” because there are a number of specific situations which have their own standards for informed consent. For example, when informed consent for an… Read More >>

Want to sue? Three C’s to Consider.

A lawsuit can arise when a person owes a duty, fails to fulfill that duty, and causes damage to another. For example, the law says that people have a duty not to run into another person with their cars. I… Read More >>

Stark Law Penalties and Enforcement

Potential Penalties Penalties for violating the Stark Law run from somewhat innocuous to severe, depending on the circumstances. These penalties can include the following: Denial of the payment claimed Mandatory repayment of claims paid for services that should not have… Read More >>

Prohibited Conduct Under Stark Law

As with too many laws, the conduct prohibited by Stark Law is riddled with terms of art and looping cross references that require specialized legal training or ability to decipher. The prohibition is codified as 42 U.S.C. 1395nn and reads… Read More >>

HIPAA Compliance Overview

HIPAA applies to "covered entities" which include health care providers who "transmit any health information in electronic form in connection with a transaction covered by [HIPAA]. 45 CFR 160.103. If you are reading this page, chances are you are a… Read More >>

CMS Finalizes Meaningful Use Rule

On August 29, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule concerning meaningful use requirements for the Electronic Health Record (EHR) Incentive Program. (See the Press Release) Generally, the Final Rule: (1) grants providers options to… Read More >>

12 Things to Consider During a Government Inspection

If government officials are at your office, there are a number of things you should consider: Check for identification. You can call their office to confirm that they are authorized agents. Ask to make copies of their identification or papers--they… Read More >>

If you run a private practice, chances are that you expect a little privacy in your business. Maybe you see your office as your second home, or, based on time spent there, your first. Shouldn't you expect some level of… Read More >>

A Common Win-Win Situation to Avoid

I know, I know--only sith deal in absolutes. Attorneys never deal in absolutes (ignore that one). So as an attorney, I hereby amend the title of this post to "A Common Win-Win Situation to Usually Avoid." May it please the… Read More >>

New Oath for Attorneys

My experience with health law, and law in general, is that private attorneys tend to be quite cordial and professional in their dealings. The same is true for government lawyers. Even through they are trying to destroy your careers, either… Read More >>

Free Podcast for Health Care Professionals

Las Vegas - Law for Doctors is launching a monthly podcast to provide resources, information and share some of the best practices from industry insiders. “Doctors and other health care professionals are always busy. With this podcast I want them… Read More >>

NV Supreme Court Illustrates Why Board Findings are so Important

The Nevada Supreme Court issued an opinion on the standards for proving violations of administrative board regulations in Nassiri v. Chiropractic Physicians' Board of Nevada. To break the case down into plain English (maybe), the Board found two chiropractors violated… Read More >>

The Government is Making Something Easier!

The federal government is providing tools to help providers with their HIPAA compliance efforts. So while they are responsible for making the law somewhat difficult to follow, at least they are now trying to make it a little less difficult… Read More >>

Top 10 Myths on HIPAA Security Risk

HIPAA Law requires covered entities to evaluate the security and privacy of their health care records. There are a number of misconceptions related to the security risk analysis. Here are the top 10 myths identified by the federal government.

New Website

Thank you for visiting our new website! We're in the process of importing some of our blogposts and we're happy to announce that we will be launching a new podcast for the Las Vegas Health Care community--The Las Vegas Health… Read More >>

Proposed Regulation Changes

The State Board of Health will hold a public hearing to consider amendments to Chapter 449 of Nevada Administrative Code (NAC) on March 8, 2013.   The notice of public hearing,  proposed regulations and proposed changes that will allow podiatrists to… Read More >>

The long awaited HIPAA “Omnibus Rules”

The Omibus rules "Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Enforcement Rules to implement statutory amendments under the Health Information Technology for Economic and Clinical Health Act (“the HITECH Act” or “the Act”) to strengthen… Read More >>

From Las Vegas Business PressGood articles about how hospitals and the health care industry are transitioning given the state of the economy and the Affordable Care Act. Read more: http://www.lvbusinesspress.com/articles/2013/01/15/news/iq_59248738.txt… Read More >>

Lowest Annual Rate in National Health Expediture

The rate of increase in health spending, 3.9 percent in 2011, was the same as in 2009 and 2010 — the lowest annual rates recorded in the 52 years the government has been collecting such data.Read the full article: http://www.nytimes.com/2013/01/08/us/health-spending-growth-stays-low-for-third-straight-year.html?smid=pl-share… Read More >>

The Hospice of North Idaho (HONI) has agreed to pay the U.S. Department of Health and Human Services’ (HHS) $50,000 to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. This is the… Read More >>

American Health Lawyers Association News Bulletin:Late Tuesday night, the House approved the Senate bill to avert the fiscal cliff. The deal, while raising taxes on the wealthy, has little in the way of spending cuts or entitlement reform. However, an… Read More >>

Good article about Medical Real Estate and the state of health care in Las Vegas in general: Medical real estate development expected to boom soon in valley - Business - ReviewJournal.comSouthern Nevada is poised to experience a major surge in… Read More >>

OIG: watch for fraud in Home Health Agencies

"CMS and Contractor Oversight of Home Health Agencies (OEI-04-11-00220) http://go.usa.gov/gGU5 WHY WE DID THIS STUDYIn 2010, Medicare paid $19.5 billion to 11,203 home health agencies (HHA) for home health services provided to 3.4 million beneficiaries. HHAs are considered to be particularly… Read More >>

Mass Medicare Payment Adjustment Forthcoming

The Office of Inspector General (OIG) of the Department of Health and Human Services advised in the 2013 OIG Work Plan that they would be reviewing payments for Alien Beneficiaries Unlawfully present in the United States. The OIG will determine… Read More >>

Feeling secure about HIPAA Security Audits?

At a recent HIPAA Security Rule conference, Linda Sanchez with the Office of Civil Rights (OCR) advised that the results of the first 20 OCR/KPMG pilot audits found security compliance was in worse shape than privacy compliance. In fact, security… Read More >>

Re: NYT, A Hospital War Reflects a Bind for Doctors in the U.S.

The NYTimes reports on doctors' struggles to maintain independence and thrive in a world where hospitals are increasing in influence. One doctor states that "the driving reason [for selling the practice to a local hospital] was the changing landscape of health care delivery and the… Read More >>

Facilities Licensed by the Nevada Health Division

Not all medical offices are licensed by Nevada's Department of Health and Human Services (NV HHS).  This means that Nevada's Bureau of Health Care Quality and Compliance (HCQC) does not have the same jurisdiction to investigate your practice as it… Read More >>

OIG Recovers $6.9 Billion in FY 2012

In its Semiannual Report to Congress, the Department of Health & Human Services (HHS) Office of Inspector General (OIG) today announced expected recoveries of about $6.9 billion from audits and investigations. The report highlights OIG accomplishments for the second half… Read More >>

Las Vegas Brings in More Health Compliance Inspectors

From HCQC's Newletter available hereNevada's Bureau of Health Care Quality and Compliance (HCQC) recently reported that it has hired several new inspectors/investigators, assigned to the Las Vegas office. Some are brand new to the agency, others have been promoted into… Read More >>

HIPAA Audits

The Office for Civil Rights announced at a recent Health Care Compliance Association conference that it will continue through 2013 the HIPAA/HITECH audit program that started this year. Significant funding has been appropriated for this purpose. Apparently a serious lack… Read More >>

Fastest Growing Job: Home Health Nurse

In my last post, I mentioned that CNN Money rated home health nurse as one of the most satisfying jobs in America. Today, CNN Money lists it as the fastest growing occupation.But can you believe they just recycled the same… Read More >>

Home Care Nurse: Top 50 of Best Jobs

CNN Money lists Home Care Nurse as #49 out of the top 100 best jobs in America.Somehow, though, attorneys didn't even make the list.  See more at http://money.cnn.com/pf/best-jobs/2012/snapshots/49.html… Read More >>

5th Annual Nevada Healthcare Forum

I attended the 5th Annual Nevada Healthcare Forum earlier this month. And I made the news! You can totally see me in that red box. To read the full story, go here: http://www.8newsnow.com/story/19777917/affordable-care-big-concern-for-medical-professionals… Read More >>

Sentencing in $60 Million Home Health Fraud Scheme

To go along with my last post, here is a Press Release detailing a $60 million home health fraud scheme: http://www.justice.gov/opa/pr/2012/April/12-crm-532.html… Read More >>

Increased OIG Interest in Home Health Agencies?

The U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG) is responsible for investigating and combating waste, fraud, and abuse in HHS programs such as Medicare and Medicaid. Based on my personal experience in meeting with… Read More >>

Top Ten Health Law Issues for 2012

In case you've never heard of it, the American Health Lawyers Association (AHLA) is "the nation's largest, nonpartisan, 501(c)(3) educational organization devoted to legal issues in the healthcare field." See AHLA's "about us" webpage. And in my experience, attorneys who… Read More >>