July, 2012

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China's Expanding Health Care Industry

The Health Law Firm

By Miles Indest. China's increasing health concerns for its aging population, combined with the government's proposed health care reform, has generated much optimism in multi-national corporations concerning the future of China's health care industry. Many US health care providers are already reaping the rewards of participating in China's health care investments, preparing for the promising boom that is sure to come.

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Respiratory Therapists: Please, Please, Please Talk to an Attorney Before You Talk to an Investigator

The Health Law Firm

By Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to respiratory therapists, throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators.

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South Florida Man Pleads Guilty to Fraudulently Working as a Pharmacist

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 24, 2012, a 49-year-old man from Ruskin, Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press release. Man was Working at Central Florida Pharmacies.

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Medicare Compliance Review of West Florida Hospital in Pensacola

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 2, 2012 the Officer of Inspector General (OIG) released its Medicare compliance review of West Florida Hospital in Pensacola. According to the audit, the hospital complied with Medicare billing requirements for the documentation majority of inpatient and outpatient claims.

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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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The 25 Biggest Mistakes Dentists Make After Being Notified of a Department of Health Complaint

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 investigation of a complaint which could lead to the revocation of a dentist's license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter and it should be treated as such by the dentist who receives it.

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Two Central Florida Physicians Linked to Statewide Pill-Mill Network

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. An Orlando and Jacksonville physician have been linked to a statewide pill-mill operation that brought in millions of dollars to pain clinic owners and doctors, according to the Orlando Sentinel. On June 27, 2012 seven doctors and seven pain clinic owners were arrested in the raid that was dubbed "Operation Pill Street Blues.” The two-year, multiagency investigation into the pill-mill operation

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Florida Outlaws 90 Forms of Synthetic Drugs: Lawmakers Greatly Reduce Risk of Zombie and Cannibal Attacks for First Time Ever!

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. Florida Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlaws over 90 new forms of synthetic drugs. 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.

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Responding to an Initial Medicaid Audit Request

The Health Law Firm

By Lance O. Leider, J.D. Florida healthcare providers servicing Medicaid patients are at a higher risk for audits than anywhere else in the country. The unfortunate truth is that Florida has become synonymous with healthcare fraud. As a result, auditing and subsequent overpayment demands are some very real possibilities. Should you find yourself, your facility, or your health practice the subject of a Medicaid audit by your state Medicaid agency or audit contractor, there are a few things you sh

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Florida Outlaws 90 Forms of Synthetic Drugs for First Time

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. Florida Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlaws over 90 new forms of synthetic drugs. 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.

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Compliance with Conditions of Participation Necessary for Reinstatement of Terminated Medicare Billing Privileges or Revoked Medicare Provider Number and Participation Agreement

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. We have recently experienced an alarming increase in the number of Medicare providers receiving notices that their Medicare billing privileges are being terminated. These include home health agencies (HHAs), independent diagnostic testing facilities (IDTFs), ambulance and emergency transport providers, physicians, pharmacies, durable medical equipment (DME) providers, medical groups, physical therapis

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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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Florida Nurse Charged With Patient 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. A licensed practical nurse (LPN) at Florida State Hospital has been arrested and charged with one count of abuse of a disabled adult at the hospital. The nurse was arrested on a felony warrant by the Attorney General’s Medicaid Fraud Control Unit (MFCU).

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Tennessee Hospital Agrees to Pay $3.59 Million to Settle False Claims Act Allegations Concerning Ambulance Services

The Health Law Firm

By Miles Indest. Maury Regional Hospital, located in Columbia, Tennesse, has agreed to pay the federal government over $3.5 million to settle False Claims Act allegations that occurred between 2004 and 2009. Maury Regional submitted a voluntary self-disclosure to the US Attorney's Office and the Department of Health and Human Services (DHHS) Office of Inspector General (OIG).

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GlaxoSmithKline Agrees to $3 Billion Settlement in Healthcare Fraud Case

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. GlaxoSmithKline (GSK), a prescription drug manufacturer, has agreed to pay $3 billion in fines to resolve healthcare fraud allegations. The settlement was announced by federal prosecutors on July 1, 2012, and in a press release from the Florida Attorney General on July 2, 2012.

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Pennsylvania Man Charged with Medicare Fraud in Ambulance Scheme

The Health Law Firm

By Miles Indest. A Pennsylvania man has been charged in a 23-count indictment in relation to an alleged scheme to defraud Medicare by billing for fraudulent ambulance services. The charges were announced by the Department of Justice (DOJ) on June 29, 2012. "Straw" Owner Allegedly Used to Start Ambulance Company. The indictment alleges that the man used a "straw" owner (someone who was not actually the owner) to fraudulently open Starcare Ambulance because he was otherwise ineligible to own the c

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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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Department of Health Licensees Have Statutory Duty to Update Addresses

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 recent case involving the Florida Department of Business and Professional Regulation (DBPR) demonstrates how important it is for all professional licensees, including Department of Health (DOH) licensees, to immediately update their addresses with the licensing agency when there is change.

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Appeal Court Rules AHCA Was Justified in Withdrawing Home Health Agency's License Application

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 First District Court of Appeal has ruled that the Agency for Health Care Administration (AHCA) had substantial justification to withdraw a home health agency's application for licensure in a recent case. To view the opinion, click here. Home Health Agency Challenged AHCA's Decision to Withdraw Application.

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Assisted Living Facilities Win Case Against AHCA on Appeal

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. Two Orlando assisted living facilities (ALFs) won a case against the Agency for Health Care Administration (AHCA) on appeal. The First District Court of Appeal heard the case and filed an opinion in favor of the ALFs on November 30, 2011. To view the opinion, click here.

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OCR Releases HIPAA Audit Protocol

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 for Civil Rights (OCR) has released an audit protocol for audits of Health Insurance Portability and Accountability Act (HIPAA) covered entities. The audit protocol covers audit procedures and requirements for assessing compliance with HIPAA's Privacy Rule, Security Rule, and Breach Notification Rule.

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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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Health Care Providers are Facing Increased False Claims Act Liability: False Data in Clinical Research Investigations New Theory

The Health Law Firm

By Miles Indest and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. A recent "whistle-blower case" filed under the False Claims Act (FCA) has emphasized the indispensability of fact verification when submitting claims, grant applications or other information to the federal government. Health care providers may face FCA liability for false records or mediocre research methods when seeking research grants from a federal agency.