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Disruptive Technologies That Keep The Government Out Of Your Addiction Business

FUBAR

SFYB Contributing Author “FUBAR” Best stuff in the hood brother

Facebook’s acquisition of mobile messaging firm WhatsApp, in a deal valued at up to $19 billion, is the kind of transaction that captures plenty of attention, even in the often-dizzying heights of high-tech takeovers.

Dwarfing the size of Facebook’s earlier $1 billion takeover of Instagram and a reputedly spurned offer to acquire Snapchat for something in the neighborhood of $3 billion, the WhatsApp deal suggests something radically new is happening in the fast-evolving mobile broadband ecosystem.

Something new indeed—the era of what we call “Big Bang Disruption,” where products and services enter the market both better and cheaper than incumbent offerings and, thanks to the efficiency of digital markets, attract customers across all traditional market segments right from the start

In this courtroom sketch, James "Whitey" Bulger sits at his sentencing hearing in federal court in Boston, Wednesday, Nov. 13, 2013. Bulger was convicted in August in a broad indictment that included racketeering charges in a string of murders in the 1970s and '80s, as well as extortion, money-laundering and weapons charges. A federal appeals court in Boston is set to hear arguments Monday, July 27, 2015 on Bulger’s bid to overturn his racketeering convictions. Bulger will not be present for the proceedings. (Jane Flavell Collins via AP, File)

In this courtroom sketch, James “Whitey” Bulger sits at his sentencing hearing in federal court in Boston, Wednesday, Nov. 13, 2013. Bulger was convicted in August in a broad indictment that included racketeering charges in a string of murders in the 1970s and ’80s, as well as extortion, money-laundering and weapons charges. A federal appeals court in Boston is set to hear arguments Monday, July 27, 2015 on Bulger’s bid to overturn his racketeering convictions. Bulger will not be present for the proceedings. (Jane Flavell Collins via AP, File)

 

2016-06-18_11-35-27Please allow me to elaborate. When you’re in the business is really important that you keep all your communications about what you’re doing secure.

The people in the know that have the most to lose because of insecure communications are the early adopters of this new technology.

The whatsApp key feature is a strong selling point globally where users seek a haven from snooping governments & officials. This app features an end to end unbreakable encryption so only the sender and receiver can read messages to see the photo and videos.

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This tighter encryption means this mobile app has more global outstanding appeal than any other communication service on the planet. Approaching over 1 billion users in its short life. Holy shit.

Interesting enough China which is extremely paranoid of its citizens sending encrypted communications to one another is actually becoming its largest user because the government itself is using the app to communicate with certain officials. It appears the encryption is so good that the application even gives governments safe refuge from prying eyes.

xi-Jinping-_2885566b

What’s even more unusual is that if you want to talk to someone is using the what’s you’ll have to install it to communicate with your brothers. So if you’re tired of Uncle Sam looking up your butt you might want to think about this new mobile app. Yes its true white boys can’t jump. If you’re using this mobile app you don’t have too when the man calls. Huge sale coming soon. Install it and PM me… lol Lets keep the NSA out of your business.

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ADDICTION MARKETING NOT IMMUNE FROM KICKBACK EXPOSURE
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Jeffrey L. Cohen

Many business people involved in some aspect of the recovery business world (e.g. IOPs, PHPs, Detox) are not aware of the punishing laws that apply to their marketing arrangements. Simply paying someone a commission based sales compensation without fully appreciate the applicable laws is dangerous and costly.

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The chief federal law involved in the issue, the Anti Kickback Statute (“AKS”) is found at 42 CFR 1320a-7b(b) and essentially forbids paying anyone for referring patients whose care is compensated in any way by any state or federal healthcare program (e.g. Medicare, Medicaid, CHAMPUS or TriCare).

The law enforcement arm of that law, the Department of Health and Human Services Office of the Inspector General (OIG), has weighed in several times on the issue of how the AKS would apply to situations involving independent contractors whose compensation is commission based. More specifically, the OIG has been clear that such arrangements clearly implicate the AKS and has identified some core suspect indicators, including:

  • Compensation set on a percentage of sales basis
  • Direct billing of any federal healthcare program by the seller for an item sold by the contractor
  • A direct contract between the contractor and a physician in a position to order or refer
  • A direct contract between the contractor and federal healthcare program beneficiaries

The AKS is a statute with both criminal and civil monetary consequences. As such, it is a primary enforcement tool for the government. That said, the AKS is an intent based law, meaning the feds have to prove intent on the part of the offender, namely that the offender intended to pay for referred patients. Though intent can be gleaned from conduct, proving intent (even “one purpose” of the arrangement) is not easy.

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Recovery service providers are well advised to become familiar with not only the AKS, but also the law’s exception, so called “Safe Harbors,” which specify specifically permitted arrangements (42 CFR 1001.952). The “personal services arrangement” Safe Harbor has particular application in the area of marketing, as does the AKS exception for “bona fide employment arrangements,” which apply to W-2 employees, but not independent contractor relationships.

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Many recovery service providers do not interact with federal or state healthcare programs of any kind. For them, the AKS may not seem to be an issue, since the law only applies when services are reimbursable by a state or federal healthcare program. And yet the inquiry cannot stop there since many states have remarkably similar laws that apply even when there is no governmental payer involved.

For instance, Florida’s Patient Brokering Act (“PBA”) (Section 817.505, F.S.) mirrors the AKS in several key r espects. Like the federal AKS, the PBA carries with it criminal consequences and is used by many insurers to deny payment for claims. Like the AKS, the PBA contains an exception for arrangements that comply at the federal level. As such, Safe Harbor compliant arrangements can be expected to survive scrutiny in PBA enforcement activity. This is just one instance where it may appear that federal regulatory compliance is not germane, but in fact is.

Recovery service providers must take care to be familiar with both federal and state laws and to understand how they apply to the risky realm of marketing arrangements

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