August, 2017

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Five Reasons why the FDA got it Right with Digital Health

The Digital Health Corner

The FDA recently announced its Digital Health Innovation Action Plan. This plan was both important and necessary. Digital health differs significantly from drugs and traditional medical devices around which the FDA has developed its structure and policies over decades. Digital health software technologies have far less involvement by clinicians in product development than Pharma or medical device companies.

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First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH

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, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I know (from reliable sources, that is) that Hawaiian grown marijuana has always been a favorite with the connoisseur.

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OIG Report Reveals VHA Improperly Billed For Service Conditions

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 9, 2017, the US Department of Veterans Affairs (VA) Office of Inspector General (OIG) reported that the Veterans Health Administration (VHA) improperly issued close to 1.7 million bills to veterans and third-party payers. Of the estimated 15.4 million bills issued by the VHA’s Consolidated Patient Account Centers in 2015, an estimated 1.66 million were improper bills for treatment of se

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CONTRACTS: Breach-of-Contract Claims in Medical Malpractice Cases Require Breach of Additional Promise

The Health Law Firm

Our guest author of this is article is Emily Abel , a legal research attorney with National Legal Research Group in Charlottesville, Virginia. This article was originally published in The Lawletter Vol 42 No 6. On March 17, 2017, in Heneberry v. Pharoan , 232 Md. App. 468, 158 A.3d 1087 (2017), the Maryland Court of Special Appeals addressed the issue of what is required to prevail on a breach-of-contract claim in a medical malpractice action.

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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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CMS Approves Five Year Extension of Florida Medicaid Managed Care Demonstration

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 3, 2017, the Centers for Medicare & Medicaid Services (CMS) approved a five-year extension of Florida’s Managed Medical Assistance (MMA) section 1115 demonstration. It allows the state to operate a capitated Medicaid managed care program and a low-income pool (LIP) to provide continuing support for the safety net providers that furnish charity care to the uninsured.

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The 20 Major Mistakes Physicians Make After Being Notified of a Department of Health Investigation

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 physician's license to practice, 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 physician who receives it.

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Florida Government Officer Charged in Billion Dollar 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 Health Care Administrator Accepts Bribes. An alleged $1 billion health care scheme has lead to the first known prosecution against a Florida Agency for Health Care Administration official. Bertha Blanco faces a wide range of charges including accepting bribes to tip off individuals when state wide investigations were to begin.

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Avoid Being Labeled as a "Disruptive Physician" at All Costs

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 Although "old news" at this point, on July 9, 2008, the Joint Commission (TJC) published the following alert to health care organizations: Sentinel Event Alert; Issue 40, July 9, 2008 Behaviors That Undermine a Culture of Safety Intimidating and disruptive behaviors can foster medical errors, contribute to poor patient satisfaction and to preventable adverse outcomes, increase the cost of care, and cau