Latest Posts

Reinstatement After OIG Exclusion is Not Automatic

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An issue we frequently handle is Office of Inspector General OIG exclusion from the Medicare program following a conviction for a healthcare-related offense. An OIG exclusion blocks a healthcare provider from working for any individual or entity that contracts with federally funded programs in any capacity. For example, if a healthcare provider receives a five-year OIG exclusion, he or she cannot work ...

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9/10/2014 Comments(0)

The ABCs of IRBs

By Lenis L. Archer, J.D., M.P.H., The Health Law Firm The field of scientific research presents many challenges to academics. When research is performed on human subjects in a health care setting, the stakes are even higher. Allegations of research misconduct can throw academic researchers into a tangled web of institutional and legal challenges. University policies, federal regulations, and legal concerns overlap in ways that may become quite frustrating for a health practitioner and researcher...

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8/25/2014 Comments(0)

Has Healthcare Compliance Gone Too Far?

By Lance O. Leider, J.D., The Health Law Firm From large hospital systems to solo practitioners, there is no escaping healthcare compliance in the industry. The concept of compliance can spark different thoughts in different people. For example, some believe it is an unnecessary government intrusion, and others believe it's a way to improve the quality and costs of healthcare. No matter your thoughts on healthcare compliance and government oversight, regulation of the healthcare industry will ne...

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8/21/2014 Comments(0)

Warning: Texting Patients' Sensitive Information Could Have Serious Consequences

By Lance O. Leider, J.D., The Health Law Firm I regularly lecture to residents and interns of local hospital residency programs. I like to discuss life skills for health care professionals that they may not learn in a classroom. At the end of the discussion, it never fails that I get at least one question regarding text messaging. For example, "Can I text another doctor about a patient?" or "Is text messaging an acceptable way to communicate with my patients?" These questions are not uncommon si...

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8/19/2014 Comments(0)

As a Health Care Professional in Florida, You Need to Stay In the Know on Medical Marijuana

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law During the 2014 session, the Florida legislature passed Senate Bill 1030 or the Compassionate Medical Cannabis Act of 2014. The bill was signed into law by Florida Governor Rick Scott on June 16, 2014. The law makes it legal for qualified Florida patients to take low-THC cannabis in liquid form. The specific medical marijuana is approved to treat certain medical conditions such as epilepsy, muscle spas...

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8/12/2014 Comments(0)

Stay Sharp and Aware: Employee Embezzlement in the Medical Field - Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Embezzlement should be a concern to all healthcare facilities , medical practices and business owners . Part one of my embezzlement blog discussed the extent of embezzlement in the medical field, financial indicators of fraud, and the office criteria that fosters fraudulent activities. To read part one, click here . Embezzlement is rarely always a complex crime. This type of fraud is actually quite sim...

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8/5/2014 Comments(0)

Don't Bury Your Head in the Sand: Embezzlement in the Medical Field - Part 1

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law When his American Express Platinum Card with an unlimited credit line was declined, a doctor in DeBary, Florida, realized he had a big problem. According to the Orlando Sentinel, the office manager of the doctor's medical practice allegedly embezzled more than $136,000. For more than two years, the middle-aged woman who managed the doctor's finances allegedly used the doctor's money and credit ...

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7/30/2014 Comments(0)

Thinking About Contacting the Professionals Resource Network (PRN) or the Intervention Project for Nurses (IPN)? Read This.

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physicians, dentists, nurses and other health professionals, accused of wrongdoing, may be referred to or receive recommendations from colleagues to refer themselves to the Professionals Resource Network PRN or the Intervention Project for Nurses IPN . This is often done by someone who has absolutely no idea about these programs or what they require. An individual who does this may find himself or hers...

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7/28/2014 Comments(0)

What You Need to Know About Florida's Baker Act - Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are frequently consulted by family members or friends of individuals who are erroneously confined under Florida's Baker Act or the Marchman Act . An erroneous confinement under the Baker Act can occur for a number of different reasons. However, the result is that an independent citizen is confined in violation of his constitutional rights to liberty and privacy. There is a similar law, the Hal S. Ma...

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7/23/2014 Comments(0)

What You Need to Know About Florida's Baker Act - Part 1

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are frequently consulted by family members of individuals who are erroneously confined under Florida's Baker Act, Section 394.451, Florida Statutes . An erroneous confinement under the Baker Act can occur for a number of different reasons. However, the result is that an independent citizen is confined in violation of his constitutional rights to liberty and privacy. There is a similar law that legal...

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7/21/2014 Comments(0)