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The Florida Marchman Act-The Baker Act's Little-Known Cousin

One of the toughest things families of people with substance abuse problems encounter is convincing loved ones to get the help they need. In the state of Florida, there is a law called the Marchman Act which may allow some relief. What is the Marchman Act? The Marchman Act is very similar to the Baker Act, in that it allows for the involuntary confinement of a person in order to receive treatment for a substance abuse problem. Who Can Invoke the Marchman Act? Under the statute, a blood relative,...

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Lance O. Leider, J.D., The Health Law Firm 5/1/2015 Comments(0)

Telemedicine Still Up For Discussion In Florida Legislative Sessions

Telemedicine continues to be a heated issue during the 2015 Legislative session. With all the new technologies, mobile medical applications, expansion of health care access under the Affordable Care Act ACA , and the emphasis on quality of care, telemedicine is at the forefront of the health care industry. Many major health insurance carriers are backing telehealth, adding online doctor visits as a covered benefit. For example, WellPoint and Aetna among other health insurers, are allowing millio...

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Lance O. Leider, J.D., The Health Law Firm 4/28/2015 Comments(0)

The American Pharmacists Association Weighs in on Participation in Executions

By Chris E. Brown, J.D., The Health Law Firm Here's a controversial topic to consider: During the annual meeting of the American Pharmacists Association APhA on March 30, 2015, the group voted to discourage its members from participating in lethal injection style executions. While this position is not legally binding, it does hold the same ethical sway as a policy announcement by the American Medical Association does for doctors. What The Stance Means. According to National Public Radio, the APh...

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Chris E. Brown 3/30/2015 Comments(0)

U.S. Supreme Court Rules: State Professional Boards May Not Suppress Competition - How This Ruling Affects You

Are you regulated by a state board or do you sit on one? If you're a physician, dentist, pharmacist, nurse or other health care professional the answer is probably "yes," and you'll want to continue reading. On February 25, 2015, the U.S. Supreme Court ruled that the North Carolina Board of Dentistry, made up of mostly dentists, violated federal law against unfair competition. The Board tried to prevent lower-cost competitors in other fields from offering teeth-whitening services. The Supreme Co...

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By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 3/18/2015 Comments(0)

Are you on the Deadbeat Doctor List? - Public Records of Student Loan Defaults

From 1978 through 1998, the federal government administered a program called the Health Education Assistance Loan HEAL Program. HEAL loans were federally insured loans issued by qualified private lenders. The loans were given to eligible students in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, public health, pharmacy, chiropractic, health administration, and clinical psychology. Ultimately, the HEAL program was discontinued and its administration was tran...

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Lance O. Leider, J.D. 2/25/2015 Comments(1)

Find Out What Could Bar a Florida Health Care Provider from Holding a License for 15 Years or More

With recent amendments, Section 456.0635, Florida Statutes, has enacted very harsh consequences for physicians, dentists, nurses and other professionals licensed by the Florida Department of Health DOH , if they are convicted of certain crimes. These consequences include prohibitions on holding a license for up to 15 years after serving the last day of a sentence or probation. Section 456.0635, Florida Statutes provides: 1. If you have been convicted of, or entered a plea of guilty or nolo conte...

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George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law 2/19/2015 Comments(0)

Anthem Hack Largest Health Care Data Breach Ever: Does the Health Care Industry Have a Target on its Back?

If you are in the health care industry, WAKE UP! You are absolutely, 100 percent a target for cyberthieves. On February 4, 2015, Anthem, Inc., announced that it had been hacked by cyberthieves. The personal information of around 80 million customers and employees was exposed. If an attack like this can happen to one of the biggest health insurers in the United States, it can happen just as easily to small providers. How Did Hackers Get into the Anthem System? According to Becker's Hospital Revie...

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George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law 2/16/2015 Comments(0)

Massage Therapist Scam Continues: Florida Department of Health Continues to Investigate Massage Therapy Schools Which May Be Involved in Selling Phony Degrees, Certificates and Transcripts

We have recently become aware that the Florida Department of Health DOH and the Board of Massage Therapy are continuing to investigate and audit various schools in Florida with massage therapy programs. There is a concern that many licensed massage therapists may have used fraudulent documents such as transcripts and course completion certificates from these schools to become licensed illegally. The Florida Board of Massage Therapy is a professional board under the Florida DOH. The investigators...

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By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law 2/10/2015 Comments(0)

Florida Cracking Down on Unlicensed Activity

By Lenis L. Archer, J.D., M.P.H., The Health Law Firm The administrator of the Florida Department of Health's DOH Unlicensed Activity Program presented an update on the investigations of unlicensed activity in the state. This report, presented at the recent Board of Psychology, is one of the many reports being presented to the various professional licensing boards. The presentation indicated that Florida has dramatically increased its efforts to not only investigate and prosecute unlicensed acti...

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Lenis L. Archer 2/9/2015 Comments(0)

OIG Attacks Ophthalmologists with Investigative Subpoenas

It's no secret that the Office of Inspector General OIG is stepping up enforcement lately. But the newest focus of those efforts may surprise you: ophthalmologists. Recently, we have seen an increase in the amounts of audits and subpoenas directed to ophthalmologists. Zone Program Integrity Contractors ZPIC auditors those are the fraud-focused ones have been showing up in practices demanding access to records and employees more than before. For a checklist on what do to when notified of a ZPIC o...

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Lance O. Leider, J.D., The Health Law Firm 2/6/2015 Comments(0)

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