June, 2016

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The Effect of OIG Exclusion On Health Care Professionals: Part 1 of 2

The Health Law Firm

By Michelle Bedoya, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This is part one of two in a blog series in which the effects and scope of OIG exclusion on health care professionals will be discussed. Pursuant to Sections 1128 and 1156 of the Social Security Act, the US Department of Health and Human Services Office of Inspector General ("OIG") has the authority to exclude individuals and entities from federally funded health care program

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Referral Sources Protected by Restrictive Covenants in Florida? Recent Case Decides

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physician employees and other health care professionals who sign employment contracts are often confronted with restrictive covenants or covenants-not-to-compete. Many states prohibit such clauses in contracts; however, Florida has a law that specifically permits them.

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Court Rejects Arguments That Both Parents Need to Give Consent For Surgery

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 22, 2016, an appeals court in Florida ruled that only one parent is needed to consent to a child’s surgery. The ruling, by a three-judge panel of the Florida First District Court of Appeal, upheld an Escambia County circuit judge's decision in a case in which the parents had separated and only the mother gave consent for a 3-year-old child to have ear-tube surgery.

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FDA Announces New Draft Guidance on Use of Electronic Health Record Data in Clinical Investigations

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 17, 2016, the United States Food and Drug Administration (FDA) published a draft guidance titled “Use of Electronic Health Record Data in Clinical Investigations” (Draft Guidance) which emphasizes interoperability and outlines other best practices for effectively using EHR data in FDA-regulated studies.

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HIPAA Compliance: Can Your Organization Avoid Costly Government Penalties and Fines?

Colington Consulting was established in 2013 and helps organizations achieve HIPAA compliance and ensures clients stay current with the latest enforcement trends. We provide a full range of HIPAA compliance services and consulting. What separates us from our competitors is our knowledge of HIPAA compliance regulations and their application to each of our client’s particular scenarios and requirements.

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OIG Announces Projected Recoveries of More Than $2.77 Billion in First Half of Fiscal Year 2016 Alone

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has reported that it expects recoveries of more than $2.77 billion—nearly $554.7 million in audit receivables and about $2.22 billion in investigative receivables—from October 1, 2015 to March 31, 2016, the agency said in its Semiannual Report to Congress.

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House Passes $81.6 Billion Veterans Affairs Bill: Includes Allowing Medical Marijuana

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 19, 2016, a new bill was passed that would allow US Department of Veterans Affairs (VA) doctors to prescribe medical marijuana to patients. As part of the $81.6 billion budget and policy bill for military construction and the department of Veterans Affairs, this new measure would allow VA doctors to prescribe medical marijuana to their patients in states where medical marijuana is currently lega