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CONSTITUTIONAL LAW: To Be "Clearly Established" or Not "Clearly Established": That Is the Question

Our guest author of this is article is Steve Friedman, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. The doctrine of qualified immunity shields governmental officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights." Harlow v. Fitzgerald , 457 U.S. 800, 818 1982 . For qualified immunity purposes, "clearly established" means that "[t]he contours of the right must be suff...

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4/22/2014 Comments(0)

Physicians React to the Release of Medicare Reimbursements

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years, the Centers for Medicare and Medicaid Services CMS kept private its records on Medicare reimbursement payments made to physicians, however, on April 9, 2014, that all changed. The government released records revealing unprecedented details about Medicare payments made to physicians, nurse practitioners NPs , physician assistants PAs and other health care providers. Many physicians resent bei...

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4/21/2014 Comments(0)

CONTRACTS: Forum-Selection Clause—Enforcing by 28 U.S.C. § 1404(a) Motion to Transfer Venue

Our guest author of this is article is Charlene Hicks, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. Forum-selection clauses are commonly used in contracts to specify the location in which the parties agree to resolve any disputes that may arise between them. These clauses are important to businesses that wish to establish predictability and potential cost-savings in future litigation. Even so, until recently a split existed amongst the various federa...

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4/15/2014 Comments(0)

Contracting 101: Tips for Physicians and Health Professionals-Part 12

By Christopher E. Brown, 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 Tip 28-Verify That the Relationship Between the Physician and the Employer is Legal. Our contracting blog series was created to identify and explain the different provisions of a physician's employment or independent contractor agreement. However, sometimes it's necessary to look beyond the written language of the contract and determine if the very re...

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4/14/2014 Comments(0)

Texas Medicaid Settlement Raises Questions Among Health Care Providers

By Lenis L. Archer, J.D., M.P.H., 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 On March 17, 2014, Carousel Pediatrics in Austin, Texas, agreed to pay the state a $3.75 million settlement, after an investigation by the Texas Health and Humans Services Commission Office of Inspector General OIG allegedly found a number of billing errors. According to a press release, the Texas OIG alleged the pediatric office charged for higher...

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4/8/2014 Comments(0)

CMS Revises Emergency Preparedness Checklist

By Lenis L. Archer, J.D., M.P.H., The Health Law Firm On February 28, 2014, the Centers for Medicare and Medicaid Services CMS issued its revised emergency preparedness checklist for health care facility planning. Updates to the checklist provide more detailed guidance about patient and resident tracking, supply management, and collaboration with local emergency management agencies and health care coalitions. According to the Survey and Certification Memorandum, the information is current policy...

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4/4/2014 Comments(0)

Lost Thumb Drive at Arnold Palmer Medical Center Contains Information on 586 Child Patients

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An unencrypted flash drive containing limited information of 586 children treated at Orlando Health's Arnold Palmer Medical Center between 2009 and 2013, was misplaced, according to the hospital. The lost drive is being treated as a data security breach. However, there is no evidence that any of the information on the flash drive was accessed or used by any unauthorized individual. As a precaution, on ...

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4/2/2014 Comments(0)

New National Practitioner Data Bank (NPDB) Guidebook to be Available Soon

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law When faced with an issue or question about the National Practitioner Data Bank NPDB , most health care practitioners rely on the Data Bank Guidebook. Since September 2001, this Guidebook has been a reliable source to turn to for answers regarding reporting to and querying the NPDB. However, after twelve years, a new Guidebook will soon be released. In November 2013, the Health Resources and Services Ad...

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3/31/2014 Comments(0)

Massachusetts Physicians Who Don't Meet Meaningful Use EHR Criteria Could Lose Their Medical Licenses in 2015

Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law Effective January 2015, Massachusetts physicians who wish to renew their licenses must demonstrate that they utilize electronic health records EHRs that meet the requirements of the federal government's meaningful use program. The purpose of the law was to improve the quality of healthcare provided to patients by Massachusetts doctors while reducing costs. However, the law had unintended consequences. It is estimate...

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3/26/2014 Comments(0)

Equitable Tolling May Not Be Used To Save Late Hearing Request When It Could Have Been Easily Submitted on Time

The foregoing case summary was prepared by and appeared in DOAH case notes of the Administrative Law Section newsletter FACTS: The Department of Financial Services DFS resolves disputes over the costs of medical care provided to workers’ compensation claimants. On April 8, 2013, Florists Mutual Ins. Co. Florists receive notice of DFS’s determination that Florists owed $100,894.54 to the Kendall Regional Medical Center. The notice advised that a request for an administrative hearing h...

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3/24/2014 Comments(0)

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