The Health Law Firm
FEBRUARY 5, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Nobody likes dealing with a nuisance, and disruptive physicians are no exception. Disruptive physicians threaten the morale of medical staff, the safe and orderly operation of a medical practice, as well as a threat to the safety of patients. They can also become expensive liabilities.
The Health Law Firm
FEBRUARY 26, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 16, 2016, a Florida teen was arrested and accused of posing as a doctor for the second time in less than a year. Malachi Love-Robinson, 18, was arrested for practicing medicine without a license and allegedly even running his own health facility called New Birth, New Life Alternative Medicine and Urgent Care Clinic in South Florida.
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The Health Law Firm
FEBRUARY 26, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 18, 2016, six law professors urged a D.C. federal court to rule against the American Psychological Association Inc.(APA), and their motion for a summary judgment and permanent injunction over a copyright infringement. The APA and the other plaintiffs claim that the website Public.Resource.org (Public Resource), infringed a copyright for their “Standards for Educational and Psychologic
The Health Law Firm
FEBRUARY 24, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health South Florida medical education has recently seen a boom by rapidly expanding and upgrading medical schools in the region. On February 4, 2016, the University of Miami (UM) announced that it has received a $50 million donation for a new state-of-the-art building to house its medical education program.
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The Health Law Firm
FEBRUARY 23, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Though pharmacists pursue a career hoping that they will never face disciplinary charges, any number of events can lead to an investigation or administrative action. Have you been notified that an investigation has been opened against you? Are you thinking about resigning your pharmacist license or voluntarily relinquishing your license?
The Health Law Firm
FEBRUARY 22, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At The Health Law Firm, we have represented many clients involved in qui tam cases brought because of false claims under the Medicare False Claims Act. If you are thinking about blowing the whistle on some sort of fraud or unlawful conduct by your current or former employer, there are important things that you should know.
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
FEBRUARY 18, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An Orlando health clinic owner and one other person were recently arrested on charges of defrauding multiple insurance companies and payers, according to the Florida Division of Insurance Fraud. Dr. Troy Godsey of Spine Health Solutions, P.A., allegedly provided treatments to”patients” involved in auto accidents.
The Health Law Firm
FEBRUARY 18, 2016
By George F. Indest IV, Director of System Services, The Health Law Firm, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law (Part 1 of a 2 part blog) For more than a week, the computer systems at Hollywood Presbyterian Medical Center have been offline following a cyber-attack. The hospital has, apparently, also been locked out of all access to patient electronic health records (EHR).
The Health Law Firm
FEBRUARY 17, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In this three part blog series, I will focus on how the investigation of a complaint against your nursing license could lead to the revocation of the license, and the assessment of tens of thousands of dollars in fines, as well as a number of adverse collateral consequences.
The Health Law Firm
FEBRUARY 16, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida has been plagued for years with the reputation of being the "pill mill capital of the country." Lawmakers needed to do something about prescription painkiller abuse. But, the crackdown on pill mills has produced unintended consequences. Since 2011, there have been strict regulations on doctors and pharmacies when it comes to dispensing controlled substances.
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The Health Law Firm
FEBRUARY 15, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health On February 11, 2016, the Centers for Medicare and Medicaid Services (CMS) published a final rule which eased requirements for health care providers to return overpayments within 60 days to avoid False Claims Act (FCA) liability. Under the rule, overpayments must be reported and returned only if a person identifies the overpayment within six years of the date the overpayment was received.
The Health Law Firm
FEBRUARY 15, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 10, 2016, the US Department of Justice (DOJ) announced it had reached a settlement agreement with two compounding pharmacies and four physicians in Florida for $10 million. The physicians, Manish Bansal, Mehul Parekh, Marisol Arcila, and Syed Asad allegedly profited from the military’s health care program called TRICARE.
The Health Law Firm
FEBRUARY 14, 2016
By Carole C. Schriefer, R.N., J.D., The Health Law Firm A surgical technologist accused of stealing powerful drugs and putting thousands of Colorado patients at risk is now in federal custody. Rocky Allen was indicted on February 16, 2016, on charges of allegedly stealing and tampering with narcotics at the Swedish Medical Center in Denver, Colorado.
The Health Law Firm
FEBRUARY 14, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two whistleblowers brought suit against Pfizer’s Wyeth Pharmaceutical Inc. (Wyeth) alleging violations of the False Claims Act (FCA). Relator Lauren Kieff alleged the company encouraged physicians to prescribe its acid reflux drug, Protonix, off-label.
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The Health Law Firm
FEBRUARY 12, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida has long been a state that does not prohibit the corporate practice of medicine, unlike many other states. However, it does prohibit the corporate practice of dentistry. The key provision in Florida law that establishes this is Section 466.028, Florida Statutes, but the Florida Board of Dentistry has adopted administrative rules on this topic as well.
The Health Law Firm
FEBRUARY 12, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Digital mediums are a popular great way to connect, but they can also pose a great risk for Health Insurance Portability And Accountability (HIPAA) violations. When it comes to guarding against accidental revelations of patient identity and sensitive information, Ophthalmologists, Optometrists and all medical staff should adopt various measures to protect themselves.
The Health Law Firm
FEBRUARY 12, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A central Florida ophthalmologist with offices in Windermere and Leesburg, was found guilty of 20 counts of Medicare fraud on September 29th. He faces a maximum of ten years in prison for each count. David Ming Pon, M.D., was convicted of health care fraud this past Tuesday by a Jacksonville federal jury.
The Health Law Firm
FEBRUARY 10, 2016
By Carole C. Schriefer, R.N., J.D., The Health Law Firm The Colorado Board of Health denied a motion to approve medical marijuana as a treatment for post-traumatic stress disorder (PTSD) on July 15, 2015. The rejection was made despite the recommendation of the state’s chief medical officer. This marks the third time that Colorado’s health officials have said ‘No’ to including PTSD on its medical marijuana approved uses list.
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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.
The Health Law Firm
FEBRUARY 9, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health A medical group defense attorney in California, Peter Bertling, was ordered on Tuesday, January 12, 2016, by US Magistrate Judge Paul S. Grewal, to pay a $250 donation to the Women Lawyers' Association. The ruling was in response to a sexist comment made by Bertling to opposing counsel, Lori Rifkin, during a heated deposition.
The Health Law Firm
FEBRUARY 8, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Windermere ophthalmologist charged with intentionally misdiagnosing patients and performing unnecessary surgery headed for trial in Federal Court on Tuesday. According to prosecutors, Dr. David Ming Pon, with Advanced Retina Eye Institute in Leesburg and Orlando, is charged with 20 counts of Medicare fraud.
The Health Law Firm
FEBRUARY 8, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law It's been 19 years since anyone has seen the approval of more first-of-a-kind drugs by the US Food and Drug Administration (FDA). 2015 proved to be a year of satisfactory innovation for medicine. With the approval of 45 drugs formulated with never-before-sold ingredients, the FDA came close to surpassing its previous all-time record of 53 first-of-a-kind drug approvals in 1996.
The Health Law Firm
FEBRUARY 8, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Kindred Healthcare Inc. (Kindred), the largest skilled therapy provider in the nation, has agreed to pay $125 million to settle allegations that it violated the False Claims Act (FCA). Kindred is accused of billing Medicare for therapy services that were unnecessary or never occurred, the US Department of Justice (DOJ) announced January 12, 2016.
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The Health Law Firm
FEBRUARY 8, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Several dentists have joined together to file suits against leading dental supply distributors in New York and Texas federal courts alleging the companies jointly conspired to keep prices artificially inflated. Five lawsuits have been filed since Wednesday, January 20, 2016, against Patterson Cos.
The Health Law Firm
FEBRUARY 8, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A proposed constitutional amendment to allow medical use of marijuana in Florida will be back on the ballot in November of 2016. On Wednesday, the Florida Division of Elections said the proposed amendment to legalize medical marijuana has met requirements to appear on the state’s ballot.
The Health Law Firm
FEBRUARY 8, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Most mental health counselors, psychologists, and social workers carry professional liability (malpractice) insurance policies to protect them against claims and suits for malpractice. Yet the most likely legal problem you will encounter will be that a patient, former patient or patient's family files a complaint against your professional license.
The Health Law Firm
FEBRUARY 5, 2016
By: Carole C. Schriefer, R.N., J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law While most banks are refusing to work with marijuana businesses, The Fourth Corner Credit Union is welcoming them with open arms. On November, 19, 2014, the credit union was granted a charter by Colorado’s banking regulators.
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The Health Law Firm
FEBRUARY 5, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Nobody likes dealing with a nuisance, and disruptive physicians are no exception. Disruptive physicians threaten the morale of medical staff, the safe and orderly operation of a medical practice, as well as a threat to the safety of patients. They can also become expensive liabilities.
The Health Law Firm
FEBRUARY 5, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Tallahassee massage therapist, Gendi Li, has been arrested twice in two weeks for charges of prostitution and practicing without a license. The Florida Departments of Health and Law Enforcement had received several complaints from customers of the massage parlor where Li worked.
The Health Law Firm
FEBRUARY 5, 2016
By: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Food and Drug Administration (FDA) has great influence on a vast array of issues impacting the medical industry in the US The decisions it makes in 2016 will have a significant impact for health care providers and on the lives of many Americans. Here is a look at the top issues on the agency’s agenda in 2016.
The Health Law Firm
FEBRUARY 5, 2016
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An Orlando health clinic owner and one other person were recently arrested on charges of defrauding multiple insurance companies and payers, according to the Florida Division of Insurance Fraud. Dr. Troy Godsey of Spine Health Solutions, P.A., allegedly provided treatments to”patients” involved in auto accidents.
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