AHLA's Speaking of Health Law

The Lighter Side of Health Law - May 2020

May 28, 2020 AHLA Podcasts
AHLA's Speaking of Health Law
The Lighter Side of Health Law - May 2020
Show Notes Transcript

AHLA's monthly podcast featuring health lawyer and blogger Norm Tabler's informative and entertaining take on recent health law and other legal developments. Sponsored by Coker Group.

To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Speaker 1:

Support for A H L A and the following message comes from KCA Group, a national healthcare advisory firm working with hospitals and physician groups. Coca Group assists healthcare providers in their pursuit for a sound business model and an enhanced patient experience. For more information, visit coca group.com.

Speaker 2:

Hi, I'm Norm tab with a special coronavirus lockdown edition of the lighter side of health law, A Lose Losee situation. Wisconsin Based advocate, Aurora Health is disappointed in Nurse Katie Kowski for visiting Lansky's Pub where patrons were crowded shoulder to shoulder to celebrate the state Supreme Court's revocation of the Governor's lockdown order. They're not so much disappointed in Katie for visiting a bar as for not wearing a mask and a lot of Milwaukee area residents agree with them, but Katie was in a situation if she doesn't wear a mask, she gets in trouble because people recognize her and turn her in. But if she does wear a mask, she gets no credit. Since no one recognizes her because of course she's wearing a mask. She must feel like Rodney Dangerfield acceptable alternatives to masks. During the current covid crisis, many places of business are requiring masks, but there are always circumstances when a visitor may be unable to comply. As the day's passed by, we're learning what is and is not an acceptable explanation for non-compliance. In Dallas, a major law firm has helpfully provided an illustration of an unacceptable explanation. The firm's document services manager, Kevin Bain, objected to the sign at Whole Foods requiring a mask. So Kevin posted a notice to Whole Foods on social media explaining that in lieu of wearing a mask, he would quote, show the lame security guard my Glock 21 shooting range results with Hornaday Hollow points, pricey ammo, but worth it. In the situation, I have more power than they do. They just don't know it. The law firm ruled that this posting was not an acceptable alternative to wearing a mask. Kevin is now looking for another job. Your country needs your help. The White House Coronavirus Task Force needs your help at the very highest level as an advisor to Task Force Chairman Mike Pence. By now, everyone knows that when he visited the Mayo Clinic on April 28, the VP famously or infamously declined to wear a mask as required by the clinic. Somewhat less well known is his explanation. He said, quote, I thought it'd be a good opportunity for me to be able to speak to these incredible healthcare workers and look them in the eye and say thank you. Here's where you come in as professionals in the healthcare field, you can send the VP an email explaining that if his mask prevents him from looking people in the eye, he's probably not wearing it correctly. You may even wanna attach a photo of someone wearing a mask in the proper position. Full disclosure, I'm a lifelong Indiana resident body and soul. The Genesis two Church of Health and Healing in Florida is not your typical church according to its self-appointed Archbishop Mark grn. It's a quote, non-religious church focused on restoring health to the world. It promises to save your body rather than your soul, and it does it through sacramental dosing. And how do you get Sacramentally dosed? Well, you get sacramentally dosed with a product called Miracle Mineral Solution. And according to the good Archbishop, it cures Covid 19 Alzheimer's MS and so much more, and you won't be surprised to learn. Miracle Mineral Solution can be purchased only through the Genesis Church. That's right. You can't buy this in stores. Not surprisingly, the FDA takes issue with the promotion in sale of Miracle Mineral Cure and not simply because it doesn't cure anything. It's also because the product is downright dangerous. The FDA says that when mixed with the additive that accompanies it, it has a chlorine dioxide content equivalent to industrial bleach. Imagine trying to cure Covid 19 by ingesting a disinfectant. The FDA has ordered the church to stop and a federal court positioned an order allowing the agency to enter and search the church premises to ensure compliance. The case is US versus Genesis two Church. Ed Al Southern District of Florida. Timing is everything. The top executives at Denver Health Medical Center are understandably keeping a low profile around the hospital for a while. It's not that hospital employees necessarily think the execs don't deserve their 2019 bonuses. No, the real problem is timing. The bonuses were announced on April 10, one week to the day after the CEO implemented a hiring freeze and asked employees to take voluntary leave without pay and use personal time off to reduce their work hours. Why should employees do that? Well, because the hospital's financial situation is so darn dyer, thanks to the Covid 19 pandemic, how dire, so dire that the ceo, the one asking employees to tighten their belts, received only$230,000 as her bonus and the CMO of measly 96,000. Full disclosure, I am a recovering hospital executive. Hold the Mayo Part two. Last month we learned that the Mayo Clinic Med School had to send urgent emails to 300 plus applicants. It had previously sent letters of admission. The urgent email said in effect, hold the mayo. You have not repeat, not been accepted. Your acceptance letter was sent in error. Well, it turns out that later that month, Mayo had to again send 300 plus hold the Mayo letters this time for wrongly excluding rather than wrongly including the recipients. The letters went to employees who had mistakenly been told that they were furloughed due to financial pressures. These hold the Mayo letters set in effect. You have not repeat, not been furloughed. Your furlough letter was sent in error. I'm glad I'm not waiting for the clinic to mail me Test results. Never let a crisis go to waste. You may have heard the cynical political saying, never let a crisis go to waste. Apparently Georgia resident, Eric Santos has heard it. He orchestrated a scheme to make money and lots of it through kickbacks from Covid 19 testing he bragged. Quote, everyone has been chasing the Covid$19 bird. You can either go bankrupt or you can prosper. How do we know? He said that because it was being recorded by a witness who was already taping him for participating in a kickback scheme for cancer testing. His business plan for the Corona testing focused on testing people with no symptoms. Why? Because they would likely test negative and then he would run a full panel of tests for all respiratory ailments, which resulted in Medicare reimbursement more than twice. As much as for a Corona test, wouldn't it be a shame if Eric got sent to one of those federal prisons experiencing a COVID 19 outbreak? The case is US versus Santos, district of New Jersey. That's it for this edition. Check your A H L A Weekly and Connections Magazine for the next edition.