Practice Areas

Health Law

Over the last several years the health care landscape has changed significantly on state, and federal fronts.  In the ever changing world of health care it is absolutely imperative whether you are an individual practitioner or an organization that you stay abreast of all changing laws and regulations.

We at Onias law are here to serve your legal needs and help you navigate through many of your health law concerns, from Administrative Licensure issues, Medicare/Medicaid audit appeals, DEA inquires, and False Claim Act violations and accusations, we can help.

Administrative Licensure Issues
Are you the subject of an administrative action? Are you deciding whether or not to attend a formal or informal hearing?  If you have been refused a license to practice, or if there are complaints against your license, you need an attorney on your side that will work hard to effectively resolve the matter at hand.

 As a health care professional you have invested a great sum of time and money to reach your goal don’t let an administrative matter derail your future of practicing your chosen profession.

We handle the following administrative matters, but are not limited to the following:

  • Request to remove restrictions placed on your license         
  • Administrative complaints threatening license suspensions
  • Administrative complaints threatening license Revocations

We accept most insurance plans, and will be happy to provide you with a free consultation.  

           
Anti-Kickback Allegations
Anti-Kickback allegations encompass any knowing or willful act that involves the solicitation of payment of any kind of remuneration in return for referring someone for Medicaid or Medicare services.  Allegations of receiving kickbacks for Medicare/Medicaid services do not have to be in monetary form to constitute a  basis for violation of the Act.  Many times individuals are compensated with office space that is free or well below market rate as a latent means of compensation for referring Medicare/Medicaid services.  Unlike a Stark Law violation, this Act applies to everyone whether or not you are a health care professional.

Anti-Kickback allegations are serious in nature and should not be taken lightly.  A conviction of the Anti-Kickback statue is a felony that can result in up to five years in prison and mandatory exclusion from participating in any federal health care programs.

Address any Anti-Kickback allegations with legal help, don’t assume the government is on your side. 

 

DEA Inquiries
The federal government has taken a no holds bar approach to combating prescription drug abuse.  The DEA’s Diversion Unit has been tasked with combating this issue, and has undertaken the task with great intensity.  In today’s health care environment wholesalers, pharmacist, and doctors prescribing schedule II drugs are at an increased chance for DEA Inquiries.   

If your office is the subject of any DEA Inquiry contact us immediately to help you put a plan of action in motion to help safeguard your rights.

Medicare/Medicaid Audit Appeals
The federal government has placed a great mandate on reducing the nation’s $2.8 trillion health care bill.   The Centers for Medicare and Medicaid(CMS) by and through Recovery Auditors (RA) have put great resources into curbing Medicare/Medicaid overpayment and combating fraud.  Health industry professional need to be mindful of the government’s intensified goals to reduce cost, and curb fraud.   It is absolutely imperative that your organization have a strong compliance plan in place to combat these issues.  If you need a new compliance plan or the subject of a recovery audit review contact our office at once to discuss your pressing legal concerns.

False Claims Act (Whistle Blower)
Also known as Lincoln’s law, the False Claims Act (FCA) has been around since its Congressional passage in 1863.  FCA was  implemented to help combat government contractor fraud, deputizing citizens to bring lawsuits called Qui Tam actions on behalf of the government.  The plaintiff known as the relator if successful can earn 15-30% of any government recovery.  

Unfortunately the health care industry is rancid with government fraud.  If you have knowledge of government contractor fraud in Medicare/Medicaid, U.S. Defense, or U.S. Education contact our office to discuss the matter further.  
  

Employment Law

Generally the Fair Labor Standards Act (FLSA) governs federal employment law issues, with each individual state free to implement its own non-conflicting employment laws.

Onias law is geared towards serving both corporations and individuals in prosecuting or defending employment law complaints.  From wage & hour issues to wrongful terminations,  it is our goal to meet your legal needs.  Below is a non-exhaustive list of employment law matters we cover.

Wage and Hour Issues
The every changing wind of federal and state legislations within employment law becomes widely accepted as par for the course.  Despite this occurrence each day it seems as though the landscape shifts greater than the day before, making staying abreast of legislative changes paramount to a corporation’s health.

Recently  Floridians have seen an increase in minimum wage from $7.79 to $7.93.  For the average person the increase seems de minimis, however for the businesses .14 increase per employee may be in the thousands of additional dollars per month.   Addressing these changes ahead of time may seem cumbersome but stem the flow of any potential wage and hour violations, and result in great savings of legal fees for your organization.

Employment Discrimination
Florida is what’s known as an employment-at-will state.  Absent a written contract an employer may fire an employee for “good cause, bad cause, or no cause at all.”  However these rules have exceptions that provide protection for certain classes of people.  If you have been terminated or accused of terminating an employee because of race, national origin, age, physical disability or religious belief contact our office for a free case analysis.

Meal and Rest Break Violations
Under the Fair Labor Standard Act (FLSA)federal nor Florida law require that employers provide meal, lunch or break periods to individuals under 18 years of age, however if an employer does provide a non-meal break period of 20 minutes or less it must be paid.

Also if an employer provides a “bona fide meal or lunch period” of 30 minutes or more in which an employee is free to do as they wish it may be unpaid.

If your employer provide a “bona fide meal or lunch break” that is unpaid but require employees to work through lunch during busy times this is a clear violation of federal law, in which your employer may be liable for the payment of overtime wages.
If you have been subjected to working through lunch without pay contact our office for a free case analysis.

Employer Retaliation
Employer retaliation cases are often seen in industries where large government contracts are awarded such as Defense, Education or Health Care. 

Employees may know of  fraudulent activity within a corporation but fear work place harassment or even losing their job if they ever come forward with allegations of fraudulent activities. Fortunately federal law and state laws provide protection to each and every employee that discloses illegal activity on the part of their employer.  

Unlike discrimination cases where complainant must fit within a specified class for relief  no such criteria exist in regards to retaliation cases.

The FLSA, Title VII of the Civil Rights Act, Age Discrimination Act, and Equal Pay Act Provide a remedy for relief for any and all who have been the target of employer abuse or retaliatory firing.

If you have been harassed, or fired for disclosing illegal activity on the part of your employer federal and state law may have a remedy for you.

Business Organizations

Forming a new business entity can be exciting yet complex.  There are many choices of entities to choose from when forming your business, however not every type of entity may be right for your business structure.  We offer comprehensive business consultation from the genesis of selecting an entity to helping you develop policy and procedures that will serve as foundation for your human resources department long into the future of your organization.

Government Relations

With the Supreme Court decision in Citizens United vs. FEC the courts have reaffirmed the corporation s constitutional right of free speech.  Many companies and citizens are unaware of their right to help influence legislation that will not only benefit their industry but Americans as a whole.

Let Onias Law help you put your constitutional right in play.  We will develop a tailored  plan of action that addresses your industry or community need.

Veterans Benefits Law

The Veterans Benefits Administration was originally designed to be a non-adversarial mechanism for the VA to award benefits to veterans; however somewhere along the years that theory seems to no longer apply.

If you were ever injured while serving in the military and were discharged under other than dishonorable conditions and have filed a claim for disability but were denied, or if you have a current VA disability rating and your medical condition has grown worse we may be able to serve you.

Appealing a VA disability rating decision can be time consuming and complex for those unaware of the VA process. While many veteran organizations do an excellent job of helping out veterans in other areas it’s best to have your benefits appeal handle by a VA certified attorney.  With Onias Law you are more than a number you become a part of the Onias Law family.  We will work tirelessly to get you the proper rating you deserve.

We handle all Veteran’s appeal claims,  not limited to the following.

  • Service connected compensation appeals
  • Non-service connected pension
  • Total disability based on individual unemployment
  • Dependency & Indemnity claims
  • Health care appeal

Speaking Engagements
Mr. Onias is able to provide motivational speaking for schools, universities, and business organizations.
If you are interested in having him speak on any of the above areas of law or serve as a motivational speaker for you school or business send you request to info@oniaslaw.com

If you are in need of legal assistance for any of the above areas of law please contact our office for a free consultation at 305-767-9715 or email info@oniaslaw.com.