The Health Law Blog

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Florida Supreme Court Upholds Amendment 7, Right of Patients to Documents on Adverse Events

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Supreme Court in Charles v. Southern Baptist Hospital, on January 31, 2017, issued a decision dealing with the relationship of Florida’s Constitution Amendment 7, allowing patient access to documents on adverse medical incidents, and the Federal Patient Safety Quality Improvement Act PSQIA . The Florida Supreme Court disagreed with the lower court's interpretation of the PSQIA and tha...

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3/23/2017 Comments(0)

Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Medicine cases, that they had good insurance coverage with Healthcare Providers Service Organization HPSO Insurance, but could not find an attorney that would accept it. Often these professionals retain us after action has been taken to appeal or attempt to reverse an adverse di...

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3/22/2017 Comments(0)

Louisiana Based Health Care Company To Pay Nearly $7 Million for Medicaid Fraud

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 20, 2016, the owner of Millennium Health Care Services Millennium must pay the state nearly $7 million in restitution and will spend 10 years behind bars for his role in a scheme to defraud the Medicaid system, according to Louisiana Attorney General Jeff Landry. Millennium’s owner, Dwaine Woods, was ordered to pay $6,985,249 in restitution after his wife and the company were all foun...

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3/13/2017 Comments(0)

Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 8, 2016, The Florida Board of Medicine issued a proposed amendment to its telemedicine regulations to clarify that physicians cannot order medical cannabis or low-THC cannabis through telemedicine. The regulation is in the preliminary stages and awaits further review It’s been proposed that Florida residents seeking medical marijuana prescriptions will need to have an in-person examin...

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3/9/2017 Comments(0)

Texas Appeals Court Affirms$1.37 Million in Sanctions Against Doctor who Sued Hospital Former Employers

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 16, 2016, an appeals court in Texas affirmed a $1.37 million sanction against a doctor. The physician was ordered to pay the fine after the dismissal of a defamation lawsuit he filed against his former employers. The decision affirmed that the actions of his former employers, Baylor College of Medicine Baylor and Texas Children's Hospital, did not cause the litigation fees which the court a...

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3/7/2017 Comments(0)

CMS Issues Final Rule to Revise Home Health Conditions of Participation

By Michelle Bedoya, J.D., The Health Law Firm On January 13, 2017, the Centers for Medicare & Medicaid Services CMS issued a final rule that revises the conditions of participation CoPs that home health agencies HHAs must meet to participate in the Medicare and Medicaid. The requirements focus on the care delivered to patients by HHAs, reflect an interdisciplinary view of patient care, allow HHAs greater flexibility in meeting quality care standards and eliminate unnecessary procedural requi...

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3/6/2017 Comments(0)

Court Rules That Florida Doctors Can Talk to Patients About Guns

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 16, 2017, a federal appeals court ruled that a controversial Florida law that restricted doctors from asking patients about firearm ownership violates medical professionals' constitutional right to free speech. The opinion, striking down key provisions of the Florida law, was the latest ruling in a legal challenge to the so-called "Docs vs. Glocks" law. The law quickly became a heated ideol...

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3/1/2017 Comments(0)

U.S. District Court in Texas Orders Hospital to Void Report to National Practitioner Data Bank

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 8, 2017, the U.S. District Court for the Eastern District of Texas, issued a Memorandum Opinion and Order directing Memorial Health System of East Texas Memorial Health to submit a Void Report to the National Practitioner Data Bank NPDB . In the case Walker v. Memorial Health System, the court found the initial report, submitted after 30 days of an uncompleted proctoring requirement, to be ...

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2/28/2017 Comments(0)

The City of Fort Myers, Florida Agrees to Pay $149,000 to Settle Dispute With Mental Health Facility

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 3, 2017, the city of Fort Myers, Florida, agreed to pay $149,000 to settle a discrimination-related real estate zoning and licensing dispute with Sovereign Health of Florida Inc., a rehabilitative mental health and addiction treatment provider. Sovereign Health, which opened January 2015, filed a federal lawsuit alleging that the city of Fort Myers violated discrimination and disability law...

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2/9/2017 Comments(0)

Florida High Court Drops Hospital Negligence Lawsuit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Supreme Court made the decision on November 30, 2016, to dismiss a negligence suit filed against a hospital over the death of a patient Ashley Lawson. Lawson escaped from Shands Teaching Hospital and Clinic, Inc. The Shands psychiatric hospital was renamed and is now known as the UF Health Shands Psychiatric Hospital and is located in Gainesville, Florida. The main legal issue in this case ...

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1/24/2017 Comments(0)