August, 2016

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SEC Fines Health Net $340,000 for Anti-Whistleblower Agreements

The Health Law Firm

By Miles Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On August 16, 2016, Health Net Inc. agreed to pay a $340,000 penalty to the United States Securities and Exchange Commission (SEC) for allegedly using severance agreements to restrict the rights of whistleblowers. The health insurance company paid the penalty without admitting or denying the SEC’s allegations.

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Maryland’s Approval of Thirty Medical Marijuana Businesses Shadows Florida’s Efforts

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 Three years ago, Maryland regulators first legalized marijuana for medical use. Maryland has recently nurtured its commitment to the medical cannabis movement, awarding thirty businesses with licenses to grow and process medical marijuana. Maryland Regulators Balance Economic Growth with Consumer Safety.

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Florida Organization Maintains False Claims Suit Against Anesthesiology Companies and Others

The Health Law Firm

By Miles O. Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm The Florida Society of Anesthesiologists (FSA) is unwavering as a qui tam relator, maintaining that more than 50 physicians, anesthesiology companies, and ambulatory surgical centers (ASCs) engaged in illegal kickback schemes. The suit involves claims under the False Claims Act, the Anti-Kickback Statute, and the Florida Medicaid False Claims Act.

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CMS Asks Federal Officials to Enforce Penalties on Nursing Home Employees Using Social Media to Violate the Privacy of Nursing Home Residents

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 August 8, 2016, federal health regulators announced plans to crack down on nursing home employees who take "demeaning" photographs and videos of residents and post them on social media. Patient advocates want the federal agency to more explicitly outline the penalties for the growing number of nursing home employees who are abusing patients in this extremely public way.

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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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Appeals Court Rules Against Nursing Home: Bankruptcy Cannot Affect Prevent Cancellation of Medicare or Medicaid Contacts

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 July 11, 2016, a federal appeals court stated that a bankruptcy judge did not have the authority to block government health officials from cutting off Medicare and Medicaid payments to a Florida nursing home that was alleged to have violated patient-care regulations.

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Spoiled Eggs: Eighth Circuit Imposes Prison Time on Negligent Executives

The Health Law Firm

By Miles Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On July 6, 2016, the United States Court of Appeals for the Eighth Circuit upheld prison sentences for two executives who had pled guilty to misdemeanor violations of the Food, Drug and Cosmetic Act (FDCA). United States v. Decoster, No. 15-1890 (8th Cir. July 6, 2016). The decision raises issues concerning the “responsible corporate official” (RCO) doctrine and the imposition of criminal penalties for negligence under the

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Medical Director's Failure to Perform Duties Makes Florida Health Care Clinic Liable; All Insurance Charges Voided

The Health Law Firm

By Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law A recent US Eleventh Circuit Court of Appeals decision, upheld a federal district courts decision which found a Florida Health Care Clinic liable for fraud and other torts. Because of violations of Florida's Health Care Clinics Leave Act, section 400.990, Florida Statutes, it also declared all claims submitted to the insurer for payments were voided.

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Florida Harvests It’s First Legal Medical Marijuana Crop

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 July 18, 2016, Florida harvested it’s first legal marijuana crop. The new crop is being stored in multiple vacuum-packed, 441-gram bags in a freezer on the outskirts of Tallahassee. The harvest is the result of months of careful growing, monitoring, coaxing, and finally cultivating, scores of plants in a hidden farm overseen by horticulturalists and protected by armed guards.

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Columbia University Agrees to Pay $9.5 Million For Improper Billing in Connection With Medical Research Grants from NIH

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 July 14, 2016, Columbia University agreed to pay $9.5 million to the US government in order to resolve a False Claims Act (FCA) suit. The suit alleges that the prominent New York university sought and received excessive cost repayments in connection with federal research grants, the Assistant US Attorney who is prosecuting the case stated.

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Pennsylvania Hospital Agrees to Pay $325,000 to Settle Medicare Overbilling Allegations: Inpatient Codes Used for Outpatient Procedures

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 August 8, 2016, a Pennsylvania hospital accused of overbilling Medicare agreed to settle civil claims with the federal government for $325,000, the US Attorney’s office in Philadelphia announced. The case arose out of allegations that the hospital used inpatient diagnosis codes for routine outpatient procedures.

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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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Gunman Accused of Killing Two at Titusville Hospital Was Waiting For Mental Health Evaluation

The Health Law Firm

Gunman Accused of Killing Two at Titusville Hospital Was Waiting For Mental Health Evaluation By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The gunman accused of shooting and killing two women at a Titusville hospital on July 17, 2016, was awaiting a court-ordered mental evaluation, according to authorities.

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EPA Reveals That Copper Can Be Used to Combat Hospital Germs

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 Copper producers have taken advantage of a new premise that the base metal is actually good for your health. Copper is used in a wide variety of tasks from construction to electrical wiring, but now it has also been found to have antimicrobial properties that kill 99.9% of germs.

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Illinois Hospital Chain Pays Record $5.5 Million HIPAA Settlement For Privacy Breaches

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 August 4, 2016, one of Illinois' largest hospital chains agreed to pay $5.5 million in settlement for lax data security and breaches of protected health information for millions of patients. This deal is a record payout under the Health Insurance Portability and Accountability Act (HIPAA), federal regulators said.

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Florida Faces Yet Another Challenge for Medical Marijuana Licenses

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 Despite a previous law change allowing more Florida growers to try and obtain medical marijuana licenses, the state faced another challenge on July 6, 2016. A Florida nursery and families of those promised medical marijuana for chronic illnesses filed an administrative challenge.

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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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HHS Announces Proposal To Extend Discrimination Protections In Research Grants

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 July 14, 2016, the US Department of Health and Human Services (HHS) floated a proposal that would make several changes to its cost principles and administrative and audit requirements for grants, including a clarification for awards to Native American tribes and a broad bar on discrimination.

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Too Old For Sex: Are Nursing Home Residents Able to Consent to Sex?

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 Sexual relationships in long-term care facilities or nursing homes are not uncommon these days. But the long-term care industry is still grappling with the issue and the question of whether some residents are able to give consent. In some cases, these aging lovers have raised logistical and legal issues for their families, caretakers and the institutions where they live.