The Health Law Firm
OCTOBER 31, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. On October 8, 2012, the Osceola County, Florida, Commissioners unanimously approved an ordinance that will regulate pain management clinics, according to the Orlando Sentinel. The ordinance will take effect on October 31, 2012, and will be in effect for 10 years.
The Health Law Firm
OCTOBER 30, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. A report released by the Department of Health and Human Services (HHS) Office of Inspector General (OIG) on October 5, 2012, found that nineteen percent (19%) of long-term care nurse aides who were found guilty of on-the-job abuse, neglect or property theft in 2010 had prior criminal records that would have showed up on a background check.
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The Health Law Firm
OCTOBER 29, 2012
By Danielle M. Murray, J.D. According to the Orlando Sentinel, a study published in the Annals of Internal Medicine shows that patients like to read their doctors’ notes. In the study, published in April of 2012, doctors put their notes online, and gave patients online access to the file. While some patients had privacy concerns, ninety-nine percent (99%) of them requested to keep access to the file after the study was over.
The Health Law Firm
OCTOBER 26, 2012
George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There’s a new task force riding into Texas. According to The Texas Tribune, the Texas Attorney General’s (AG) Office and the Office of Inspector General (OIG) at the Health and Human Services Commission (HHSC) have teamed up to increase investigations of fraud in the state’s Medicaid dental program for children.
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The Health Law Firm
OCTOBER 25, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Two South Florida doctors, both former medical directors at the mental health care company American Therapeutic Corporation (ATC), will spend 10 years in prison for their part in a $205 million Medicare fraud scheme. A US district judge handed down the sentence on October 1, 2012.
The Health Law Firm
OCTOBER 24, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physicians who run into difficulty in obtaining certification by the American Board of Internal Medicine (ABIM) need to act to ensure that they properly exercise their rights to hearings and appeals. Because of the extremely serious repercussions adverse action by the ABIM might have on a physician's career and livelihood, it is critical to approach this from an educated perspective.
Health Care Compliance Brief brings together the best content for health law & compliance professionals from the widest variety of industry thought leaders.
The Health Law Firm
OCTOBER 22, 2012
By Danielle M. Murray, J.D. On September 27, 2012, Public Citizen, a watchdog group, reported whistleblowers have initiated $6.6 billion in penalties against drug manufacturers in 2012. Most of these penalties are for fraudulently overcharging government programs. The report names a small Key West, Florida, pharmacy as one of the top whistleblowers in the country.
The Health Law Firm
OCTOBER 19, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Back in August of 2012, I wrote that lower Medicare reimbursement rates were coming to more than 2,000 hospitals around the country due to excessive readmission rates. To see that blog, click here. In October of 2012, the Centers for Medicare and Medicaid Services (CMS) announced it has discovered errors in its initial calculations.
The Health Law Firm
OCTOBER 18, 2012
By Thu Pham, O.D., Law Clerk, The Health Law Firm On August 9, 2012, the United States Court of Appeals for the Fifth Circuit, located in New Orleans, Louisianna, affirmed the conviction of a patient recruiter in Texas for Medicare Fraud committed after Hurricane Katrina. To read the court's decision, click here. The Recruiter's Charges. The patient recruiter was charged with conspiracy to defraud Medicare.
The Health Law Firm
OCTOBER 17, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The compounding pharmacy behind the meningitis outbreak was allegedly not following the requirements of its state license, according to the Massachusetts Department of Health (DOH) in a released statement on October 10, 2012. To read the entire statement from the Massachusetts DOH, click here.
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The Health Law Firm
OCTOBER 17, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. There’s a firefight brewing between Walgreens and the Drug Enforcement Administration (DEA). On October 10, 2012, Walgreens filed a petition asking a federal judge to lift the Immediate Suspension Order (ISO) that bans its distribution center in Jupiter, Florida, from shipping controlled substances to its stores in Florida and on the East Coast.
The Health Law Firm
OCTOBER 16, 2012
By Danielle M. Murray, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. By now, you have heard stories of fake doctors and dentists in South Florida working on patients and causing severe injuries. Usually, these are solo efforts. However, according to CBS Miami, a couple was arrested back in August of 2011, for practicing medicine without a license.
The Health Law Firm
OCTOBER 15, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Another pharmacist was led away in handcuffs during a September 25, 2012, raid on an Orlando-area pharmacy, according to a number of sources. The pharmacist is accused of filling prescriptions for oxycodone, even though he allegedly knew the prescriptions were not legitimate.
The Health Law Firm
OCTOBER 12, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Many massage therapists are unaware of the drastic long-term effects that discipline on their massage therapist license could have. This includes submitting a voluntary relinquishment of the massage therapist's license while there is an investigation pending or while there are charges pending.
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The Health Law Firm
OCTOBER 11, 2012
By: Lance O. Leider, J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The recently enacted Medicare Shared Savings Program (MSSP) has created a new form of healthcare delivery system, the Accountable Care Organization (ACO). The purpose of the ACO is to encourage providers to reduce healthcare costs by grouping together and assuming responsibility for the care of a group of beneficiaries.
The Health Law Firm
OCTOBER 10, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Dr. Thu Pham, O.D., Law Clerk, The Health Law Firm Attorney. A Tennessee ambulance company and the US Department of Health and Human Services (DHHS) announced a settlement in a case over a post payment audit for more than two million dollars in May 2012.
The Health Law Firm
OCTOBER 10, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals. I have recently seen a number of audits initiated against psychologists and mental health professionals who treat assisted living facility (ALF) and skilled nursing facility (SNF) residents.
The Health Law Firm
OCTOBER 9, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. At least 105 people in nine states, including Florida, have contracted meningitis. The outbreak is allegedly due to contaminated epidural spinal injections of methylprednisolone linked to New England Compounding Center (NECC) in Framingham, Massachusetts.
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The Health Law Firm
OCTOBER 9, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. In September 2012, the Centers for Medicare and Medicaid Services (CMS) made the decision to allow Recovery Audit Contractors (RACs) to begin reviewing the billing codes for office visits for healthcare providers. Those at issue are the codes referred to as evaluation and management (E&M) codes.
The Health Law Firm
OCTOBER 8, 2012
By Lance O. Leider, J.D. Personnel files contain many different kinds of potentially harmful information. Not only is there a tremendous amount of personal information that could be misused, but also information that could be harmful to future employment prospects and potential license discipline. Fortunately, healthcare providers in Florida have a strong right to privacy in the information contained in their personnel records.
The Health Law Firm
OCTOBER 5, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. In previous blogs we’ve mentioned that Florida Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlawed more than 90 new forms of synthetic drugs and included bath salts, among others. It modifies Section 893.03(1)(c) , Florida Statutes, by expanding the list of banned hallucinogenic substances in Schedule I of the Florida Comprehensive Abuse Prevention and Control Act.
The Health Law Firm
OCTOBER 5, 2012
By Danielle M. Murray, J.D. According to the New York Times, the government wants to implement a new system that would allow patients to report medical mistakes and unsafe practices by health care providers to a central reporting organization. This includes doctors, hospitals, pharmacists, and all other professionals or entities that provide medical treatment.
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The Health Law Firm
OCTOBER 4, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. A whistleblower lawsuit against Blackstone Medical, Inc., alleging Medicare fraud against Parrish Medical Center, was dismissed by a US District Judge in Tampa, Florida, on August 15, 2012. According to Orthopedics This Week, the case was unsealed on August 8, 2012, but dismissed without prejudice, all pending motions were denied as moot, and the clerk was directed to close the case, just one week aft
The Health Law Firm
OCTOBER 3, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. On September 19, 2012, power wheelchair suppliers voiced their concerns over a new government program called the Power Mobility Devices (PMDs) Demonstration at a Senate Special Committee on Aging. Durable Medical Equipment Suppliers (DMES) protested the program because it requires the permission of a Medicare Administrative Contractor (MAC) prior to the delivery of a power wheelchair to the consumer.
The Health Law Firm
OCTOBER 2, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals. I have recently seen a number of audits initiated against psychologists and mental health professionals who treat assisted living facility (ALF) and skilled nursing facility (SNF) residents.
The Health Law Firm
OCTOBER 2, 2012
By Lance O. Leider, J.D. If you are a doctor, nurse, dentist, psychologist, pharmacist, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. Ordinarily, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals with Florida law, similar relief may be available in other states, too.
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The Health Law Firm
OCTOBER 1, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The Florida Secretary of Health announced on September 27, 2012, that he has now signed 161 emergency suspension orders (ESOs) for massage therapists in Florida. The suspension orders are aimed at massage therapists who allegedly obtained their licenses to practice through a transcript-buying scandal at the Florida College of Natural Health.
The Health Law Firm
OCTOBER 1, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. I receive many questions and e-mails about possible violations of the Health Insurance Portability and Accountability Act's (HIPAA) Privacy Regulations and Security Regulations, and breaches of confidentiality of medical records and medical information. More detailed information on HIPAA Privacy Regulations and Security Regulations, can be found at: [link].
The Health Law Firm
OCTOBER 1, 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. On September 6, 2012, the Department of Justice (DOJ) announced it will join in a whistleblower lawsuit alleging false Medicare billings against Hospice of the Comforter Inc., (HOTCI). The hospice is located in Altamonte Springs, a suburb of the Orlando area, and provides hospice services to local patients.
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