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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 to suppo...

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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)

Science Journal Retracts Stem-Cell Research Studies; Head Researcher Held Accountable

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The scientific journal, Nature, retracted two high-profile stem-cell research studies due to signs of inadequate data and plagiarism. According to Tech Times, researchers from the RIKEN Center for Development Biology in Kobe, Japan, published results on January 30, 2014, claiming that scientists of the institute had successfully reprogrammed mature cells into young stem-cells. The stem-cells, a type of...

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7/15/2014 Comments(0)

Limits on Number of Attempts and Time for Completion of USMLE Step Exams

By Catherine T. Hollis, J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law According to the United States Medical Licensing Examination USMLE 2014 Bulletin of Information, individuals are permitted to attempt the same Step Exam or Step Exam Component a maximum of six times. All attempts, including incomplete attempts, are counted toward the limit, regardless of when they were taken. The USMLE Program itself does not limit the...

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7/11/2014 Comments(0)

Document Drop Off: Where One Health System Left Private Patient Medical Records

By Lenis L. Archer, J.D., M.P.H. A drop off of private patient files to a physician quickly turned into what may be one of the most expensive deliveries in healthcare regulatory history. In 2009, employees of Parkview Health System, a nonprofit organization with hospitals in Indiana and northwest Ohio, left 71 cardboard boxes of private patient medical records in the driveway of a retiring physician. Within 20 feet of the public road and in close proximity to a heavily trafficked shopping venue,...

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6/30/2014 Comments(0)

Does the DEA Use Intimidation Tactics to Force Doctors and Pharmacists to Give up Their DEA Number?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The U.S. Drug Enforcement Administration DEA continues to crackdown, at least in Florida, on physicians and pharmacists suspected of prescribing and dispensing narcotics. We believe this effort is a continuation of the campaign against "pill mills" and the pharmacies that fill prescriptions written by them. However, just because you are not a pain management physician or pharmacist and you don'...

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6/24/2014 Comments(0)

Adventist Health System Self-Discloses Stark Law Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law When I served with the federal government, a frequent saying used over and over was: "It's better to ask for forgiveness than to ask for permission." This may be what Adventist Health System is hoping for in making its latest self-disclosure to the Office of Inspector General OIG . Documents released on May 12, 2014, reveal that Adventist, which owns Florida Hospital and 44 other hospitals nationwide, ...

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6/20/2014 Comments(0)

Outpatient Outsourcing: The Unconventional Methods of One Florida Urologist

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law "A menace to society," "board-certified in medical fraud," "one of the most dangerous doctors I've seen in a long time." These are some of the harsh words coming from the Florida Board of Medicine. The Board used those statements to describe a Sarasota, Florida, urologist who specializes in prostate problems. The urologist is accused of using unconventional diagnostic and treatment methods, even referr...

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6/18/2014 Comments(0)

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