According to authorities, the pill mill filled fraudulent prescriptions for over one million doses of pain medication, including oxycodone and hydromorphone. The highly addictive prescription pain pills have an estimated street value in excess of $16 million, authorities said.

Authorities said that the defendants used unlicensed medical workers as well as doctors to issue fraudulent prescriptions for medications that were then sold throughout South Florida. Prescriptions issued by the center were found as far away as Pennsylvania, New Jersey and Delaware.

The defendants face charges including conspiracy to sell illegal drugs, conspiracy to sell oxycodone, and racketeering. They will be prosecuted by the Office of Statewide Prosecution, part of the Attorney General’s Office. There is a 25-year mandatory minimum prison sentence associated with the drug trafficking conspiracy charges.

People who fraudulently or negligently prescribe medications that cause harm to users may also face civil lawsuits. People who are injured as a result of pharmaceutical negligence may be able to obtain compensation through a lawsuit. Contact Joyce & Reyes for more information.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

The bill, S.2540 entitled Fair Day in Court for Kids Act of 2016, provides that the Attorney General may appoint attorneys at government expense to represent aliens in immigration proceedings and requires that appointed attorneys are to be given copies of case relevant DHS documents.  The bill specifically provides that immigration court proceedings cannot go forward  until the alien’s attorney has both received the relevant documents and has had time to review them.  The bill mandates the appointment of attorneys at government expense for unaccompanied alien minors and vulnerable populations such as aliens with disabilities, or those who are the victims of abuse, or violence, or other have circumstances where appointment of counsel is needed to assure a fair hearing.

In addition, the bill mandates that all aliens who are detained in facilities supervised by ICE or the Border Patrol be provided access to attorneys no matter where such facilities are located, and detained persons be provided with information about legal services programs which may apply to them.

The chances for passage of the bill are limited in light of rhetoric of the 2016 presidential election.

The bill, S.2540 entitled Fair Day in Court for Kids Act of 2016, provides that the Attorney General may appoint attorneys at government expense to represent aliens in immigration proceedings and requires that appointed attorneys are to be given copies of case relevant DHS documents.  The bill specifically provides that immigration court proceedings cannot go forward  until the alien’s attorney has both received the relevant documents and has had time to review them.  The bill mandates the appointment of attorneys at government expense for unaccompanied alien minors and vulnerable populations such as aliens with disabilities, or those who are the victims of abuse, or violence, or other have circumstances where appointment of counsel is needed to assure a fair hearing.

In addition, the bill mandates that all aliens who are detained in facilities supervised by ICE or the Border Patrol be provided access to attorneys no matter where such facilities are located, and detained persons be provided with information about legal services programs which may apply to them.

The chances for passage of the bill are limited in a 2016 presidential election year.

by Thomas D. Begley, Jr., CELA

Assignment to State of Rights against Third Parties

As a condition of Medicaid eligibility, a Medicaid applicant is required to assign to the state any rights to payment of medical care from any third party.[1] This is essentially a statutory right of subrogation. Federal law further requires that each state Medicaid program have procedures for determining the legal liability of third parties to pay for medical assistance provided by the state’s Medicaid plan, and for reimbursement of the cost of medical assistance provided, whenever recovery is feasible.[2] In New Jersey, the Attorney General is responsible for enforcing any rights against third parties or recovery of liens.[3] When an individual brings an action for damages against a third party, written notice must be given to the director of the Division of Medical Assistance and Health Services. In addition, such individual must promptly notify the Division of any recovery from a third party. The recipient of a third-party recovery must immediately reimburse the division from the proceeds of any settlement, judgment, or other recovery.[4]

Extent of Lien

A Medicaid lien applies only to the extent of medical assistance related to the injury and only to payments made from the date of the injury to the date of the settlement.

Reduction of Lien

There are two ways to reduce a Medicaid lien.

• Procurement Costs. The Medicaid lien is subject to an automatic reduction for a pro rata share counsel fees, costs, or other expenses incurred by the recipient or the recipient’s attorney.[5] It is important not to overlook costs. If the attorney’s fee is 33% and the costs of the case represent 5% of the recovery, the procurement-cost reduction is 38%, not 33%.
• Ahlborn Reduction. The United States Supreme Court has held that a state Medicaid agency may recover only from that portion of a settlement earmarked as compensation in respect of medical expenses, and where there is no such allocation, the agency may only recover a proportionate share of its claim, determined by the ratio that the settlement amount bears to the reasonable value of the total claim.[6]

[1] 42 U.S.C. § 1396k(a)(1)(A); N.J.S.A. 30:4D-7.1(c).

[2] 42 U.S.C. § 1396a(a)(25)(A), (B), (H).

[3] N.J.S.A. 30:4D-7.1(a).

[4] N.J.S.A. 30:4D-7.1(b).

[5] N.J.S.A. 30:4D-7.1(b).

[6] Arkansas Dept. of Health and Human Servs. v. Ahlborn, 126 S. Ct. 1752 (2006).

By Richard LaGarde

By Richard LaGarde

Presmil Masson Jr. was arrested June 1 on six counts of manslaughter and two counts of racketeering. Pam Bondi, the Attorney General of Florida, had announced previously that eight people had been charged in relation to the alleged pill mill operation that operated throughout Florida, including at the Real Care Medical Group office in Plantation.

Bondi said Dr. Lynn Averill and seven others sold oxycodone to drug dealers and addicts. All of the suspects, with the exception of Masson, were arrested on May 27 at locations throughout Florida, New Jersey and Illinois. According to the charges, the drugs were sold to patients for between $1 and $5 per pill.

Averill and Masson, if convicted of manslaughter and racketeering, face up to 180 years in prison. The other defendants, if convicted, face maximum penalties ranging from 60 to 180 years in prison.

When drugs are improperly prescribed or distributed, whether through an illegal pill mill operation or through other means, and such action causes injury or death, then the victim or the victim’s family may be able to file a lawsuit for pharmaceutical negligence to obtain compensation for their loss. Contact Joyce & Reyes for more information.

If you need to speak with a personal injury lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

In the first official public health report, county officials have indicated that injuries were more severe than previously known. The report also suggests that many injuries may have been missed in the initial chaos following the explosion.

This new report, issued by the Waco-McLennan County Public Health District, finds that more than one in five of those injured by the explosion experienced traumatic brain injury (TBI) or concussion.

The report also states “some injuries, particularly ear injuries as well as traumatic brain injury, may not have been identified at the time of medical treatment immediately after the explosion,” indicating that many of the injured may have left the hospital without proper treatment or instructions.

Ear injuries affected more than 10 percent of the injured.

Reese Dunklin of the Dallas Morning News has been reporting on a second issue: the latest moves by the Texas Department of State Health Services to keep basic information about chemical storage facilities away from the public.

In early July, the office of the Texas Attorney General informed reporters at the Dallas Morning News that the Department of State Health Services would no longer release information about chemical inventories to the public.

In a letter, the Attorney General stated that the decision was based on Texas Homeland Security statutes. Several federal agencies have spoken out against the withholding of information about potential chemical hazards.

In April of 2014, the U.S. Chemical Safety Board concluded that a lack of community awareness of the chemical hazard at the West facility contributed to the disaster. No emergency response plan was in place at the time of the explosion. 

In the last few weeks, a new federal task force has publicly called for increased release of information about large chemical inventories. Such information would make it possible for local citizens and businesses to make effective emergency response plans based on real knowledge of the risks that surround them.

At The Hale Law Firm, we have helped thousands of clients successfully prosecute their personal injury claims including auto accidents, wrongful death, dangerous products, brain injuries, burn injuries, and defective medical devices. Clients depend on their personal injury lawyers for guidance and legal advice across a broad range of personal injury accidents. To learn more, visit http://www.hale911.com/ or call 972.351.0000.

According to Glenn Clark, a member of the Attorney General’s Consumer Protection Division “Senior Brigade,” between 55 and 80 percent of the telemarketing scams they see are aimed at seniors. The grandparent scam, sometimes known as the “emergency scam,” occurs when the con artist obtains the name and phone number of an elder. They can do this simply by combing public records.

The scammer calls a senior and says some version of, “Hi, Grandpa! This is your favorite granddaughter.” The victim may respond with, “Susan?!” or a pet name, and now the scammer has a name to use. Often the call is made to sound as if there is interference or static on the line to disguise his or her voice. The scammer will say there has been some emergency, or that she is stuck far from home and needs funds wired immediately. The sense of urgency and heightened emotion on the other end of the line can cause some elders to become confused and anxious, especially if they are hard of hearing or have some cognitive decline issues.

Tips? Slow down. Ask for personal details if you are unsure if the caller is legitimate. Get their contact information, and hang up. Contact a mutual relative for verification. Did the caller ask you to not tell their parents they are in trouble? Do it anyway. Or, contact local police on a non emergency line for assistance in verifying the call.

If you believe you have been the victim of fraud, you may file a report with police, Attorney General’s office (877-765-8388) or the Federal Trade Commission (www.ftc.gov).

Christopher J. Berry is an elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.theeldercarefirm.com/ or call 248.481.4000