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.

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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 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.

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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 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.

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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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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.

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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 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.

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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 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.

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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 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.

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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 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.

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The Health Law Firm

FEBRUARY 11, 2016

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A nonprofit organization (Requestor) requested an advisory opinion from the Office of the Inspector General (OIG). The organization is dedicated to helping financially needy patients, including those covered by Medicare and Medicaid, with a single disease state (Disease State) obtain magnetic resonance imaging (MRI) (altogether, "Arrangement").

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