November, 2012

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Florida Law Enforcement Losing War on Synthetic Drugs

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. Who can forget the infamous cannibalism attack in Miami that sparked the threat of zombies, or the “Sons of Anarchy” actor killing his landlady and falling to his death? These are just a few of the more publicized incidents where synthetic drugs are thought to be the cause of erratic behavior.

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Fake Florida Pharmacist Sentenced to Prison; Fraudulently Worked as a Pharmacist in Central Florida

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 November 2, 2012, a former Altamonte Springs resident was sentenced to three and a half years in federal prison for fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ). Click here to read the press release from the DOJ.

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Kissimmee Teen Sentenced to One Year in Jail for Impersonating Physician Assistant

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 Kissimmee, Florida, teen found guilty in August 2012 for impersonating a physician assistant (P.A.) faced up to 20 years in prison for two counts of impersonation and two counts of practicing without a license. On November 14, 2012, the teen was sentenced to one year in jail by an Osceola County judge.

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Preserving Your License: Pretrial Intervention and Drug Court as Alternatives to Conviction, Nolo Contendere, or Adjudication Withheld

The Health Law Firm

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. As if being faced with the consequences of criminal charges wasn't frightening enough, physicians, nurses, dentists, psychologists and other health professionals have the added danger of having their licenses disciplined or revoked if they plead nolo contendere or guilty to a criminal charge.

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Optimizing Medical Waste Management: A Guide to Best Practices

Feeling overwhelmed by medical waste regulations? This comprehensive guide unravels the complexities of medical waste disposal, ensuring you stay compliant and prioritize safety. Inside you'll find: Clear categorization: Learn to precisely classify medical waste for proper handling and disposal. Labeling & Storage: Discover best practices for clear labeling and secure storage of medical waste.

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Meningitis Cases Grow to 24 in Florida - Doctors Getting Hit With Lawsuits

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 Florida Department of Health (DOH) confirmed another case of fungal meningitis in Florida on November 19, 2012. A 56-year-old man allegedly received a contaminated steroid injection at Florida Pain Clinic in Marion County, Florida. This brings the state’s total number of fungal meningitis cases up to 24, including three deaths.

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University of Miami Employee Allegedly Stole More Than $14 Million in Cancer Drugs

The Health Law Firm

By Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law. For three years, hundreds of life-saving cancer drugs disappeared from the shelves of the University of Miami’s (UM) Sylvester Comprehensive Cancer Center. A pharmacy technician at the center was arrested in connection to the thefts in May of 2011, and is accused of stealing more than $14 million in cancer drugs, according to the Miami Herald.

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Health Care Industry Trend Hospital Systems Merging and Acquiring Private Practices All Across the U.S.

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. There’s a structural shift that is sweeping the health care system - hospitals are acquiring private physician practices. It is happening all over the US, including right here in Central Florida. On December 31, 2012, Orlando Health - a nonprofit, multi-hospital system that owns Orlando Regional Medical Center and eight other hospitals - will allegedly merge with Physician Associates - Central F

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Contracting 101: Tips for Physicians and Health Professionals - Part 5

The Health Law Firm

By Christopher E. Brown, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. This blog is the fifth in a series intended to provide an introductory review of the basics of contracting for physicians and health professionals, primarily by discussing employment agreements. We will highlight many of the common provisions found in employment contracts, along with many of the mistakes and pitfalls that we see in our day-to-day practice.

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Hundreds of Doctors and Nurses Without Licenses in Georgia Due to New Immigration Law

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. Hundreds of Georgia health providers are without a professional license to practice, because a new immigration law is causing massive backups in paperwork, according to a number of sources. The Illegal Immigration Reform and Enforcement Act of 2011 or House Bill 87 went into effect on January 1, 2012, and requires every person to prove his or her citizenship or legal residency when the individual rene

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Ex-Florida Hospital Employee Pleaded Guilty to Stealing Confidential Patient Information

The Health Law Firm

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. On October 22, 2012, a former Florida Hospital employee admitted to stealing patient information that was used to target customers for lawyers and chiropractors, according to a number of sources. The man allegedly pleaded guilty in Orlando federal court to one count of conspiracy and one count of wrongful disclosure of health information, according to the Department of Justi

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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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Drug Enforcement Administration (DEA) Releases Details of Investigation into Two CVS Stores in Sanford, Florida

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. In September 2012, the Drug Enforcement Administration (DEA) revoked the controlled substance licenses from two CVS pharmacies in Sanford, Florida. Details into the investigation were made public on October 12, 2012, in a final order released by the DEA. The order explains how the stores operated, whom they prescribed painkillers such as oxycodone to, and identified Central Florida’s top-prescri

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Contracting 101: Tips for Physicians and Health Professionals - Part 4

The Health Law Firm

By Christopher E. Brown, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. This blog is the fourth in a series intended to provide an introductory review of the basics of contracting for physicians and health professionals, primarily by discussing employment agreements. We will highlight many of the common provisions found in employment contracts, along with many of the mistakes and pitfalls that we see in our day-to-day practice.

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Florida Department of Health (DOH) Issues Emergency Suspension Order (ESO) of Boca Raton Compounding Pharmacy

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 October 26, 2012, the Florida Department of Health (DOH) issued an emergency suspension order (ESO) against a Boca Raton compounding pharmacy, according to a number of sources. The DOH in a press release called the conditions in the pharmacy so “deplorable” that nothing short of immediately shutting down the pharmacy would suffice.

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American Hospital Association (AHA) Sues Government for Allegedly Unfair Medicare Practices by RAC, ZPIC and Other Auditors

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 November 1, 2012, the American Hospital Association (AHA) filed a lawsuit against the US Department of Health and Human Services (HHS) claiming that private auditors hired to crack down on improper Medicare payments are denying hospitals millions of dollars in medically necessary care, this is according to a number of sources.

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The Big Payoff of Application Analytics

Outdated or absent analytics won’t cut it in today’s data-driven applications – not for your end users, your development team, or your business. That’s what drove the five companies in this e-book to change their approach to analytics. Download this e-book to learn about the unique problems each company faced and how they achieved huge returns beyond expectation by embedding analytics into applications.

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CVS’ Practice for Refilling Prescriptions Maybe Under Investigation for Medicare Fraud

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 Office of Inspector General (OIG) for the US Department of Health and Human Services (HHS) has reportedly launched an investigation into CVS’ practice for refilling prescriptions. According to an article in the Los Angeles Times, authorities are looking into reports that CVS has been refilling prescriptions and submitting insurance claims without patients’ permission.

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The Deadliest Drug: Prescription Drug Abuse

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. America’s deadliest drug doesn’t come from Columbia and isn’t smuggled in from Mexico. It is sold legally at the most frequently visited pharmacies. Overdosing on prescription painkillers, or opioids, kills more than 15,000 people a year in the US, according to an article in the Wall Street Journal.

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Prescription Drug Monitoring Program Flops - A Majority of Doctors Not Using It

The Health Law Firm

By Danielle M. Murray, J.D. The Florida Prescription Drug Monitoring Program is apparently collecting dust as physicians are choosing not to use it. The Tampa Bay Times reported on October 5, 2012, that as few as one in twelve doctors have ever used the database. That is about eight percent (8%) of all physicians. Approximately fourteen percent (14%) of physicians are registered for the database.

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Phony Occupational Therapist Made Rounds at a Number of Florida Hospitals

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. A Kissimmee, Florida, man is accused of posing as an occupational therapist (OT) and working at various health care facilities in Central Florida, according to the Department of Justice (DOJ). On October 16, 2012, the DOJ announced that the phony OT was charged with three counts of mail fraud, five counts of wire fraud, and one count of aggravated identity theft.

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Everything You Wanted to Know About FACIS, but Didn’t Know to Ask

Speaker: Amy Anderson

FACIS® helps organizations mitigate patient and organizational risk. Maintaining compliance and safeguarding against fraud and abuse in today’s changing healthcare landscape can be challenging. Most healthcare organizations screen and monitor providers against the OIG but that’s only ONE of FACIS®’ primary sources. FACIS® pulls data for every taxonomy from the lowest level employee to the highest level licensed professional.

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Avoid HIPAA Violations: Get a HIPAA Risk Assessment

The Health Law Firm

By Danielle M. Murray, J.D. As a health care provider or owner of a health facility, you know about the Health Insurance Portability and Accountability Act (HIPAA) of 1996. You know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. Did you know that you may need a HIPAA Risk Assessment?

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Medicare Fraud Scheme Lands Medical Equipment Supplier in Prison for 30 Months

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. A Los Angeles medical equipment supplier will spend 30 months in prison for submitting nearly $1 million in false claims to Medicare. The claims were almost all for expensive, high-end power wheelchairs. The man was sentenced on October 5, 2012. To see the press release from the Department of Justice (DOJ), click here.

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Sarasota Sheriff Wants Patients to Waive HIPAA Privacy Rights

The Health Law Firm

By Danielle M. Murray, J.D. Law enforcement has been working hard to bust pill mills and stop prescription drug abuse. Pharmacists and pain management doctors are under intense scrutiny by various law enforcement agencies, including the Drug Enforcement Administration (DEA) and the Department of Health (DOH), for their role in giving out controlled substances.

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