The Health Law Blog

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Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply manufacturer as a plaintiff. It accused six others of unfairly pushing it out of the market. U.S. District Judge Rodney Gilstrap overturned a magistrate's decision to send the ...

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4/28/2017 Comments(0)

Did I Miss Something, or Is the Nation's Highest Doctor Now a Nurse? Trump Fires Vivek H. Murthy, M.D., as Surgeon General; Replaces with Sylvia Trent-Adams, R.N.

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law President Trump fired Vivek H. Murthy, M.D., as the U.S. Surgeon General on April 21, 2017, and replaced the nation's top doctor with a nurse. Dr. Murthy was replaced with Sylvia Trent-Adams, a nurse who is a career Public Health Service officer. For more details on the education and credentials of each, see: https://en.wikipedia.org/wiki/Vivek_Murthy and https://www.hhs.gov/about/leadership/sylvia-tre...

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4/25/2017 Comments(0)

Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the indivi...

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4/24/2017 Comments(0)

Licensed Health Professionals Should Have No Trouble Locating an Attorney/Legal Counsel Who Takes CPH & Associates (CPH&A) Insurance To Represent Them in Licensing Actions and Hearings

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 licensed health professionals who call and retain us to represent them in complaints against their professional licenses in investigations and formal licensure complaints. Often these professionals retain us after adverse disciplinary action has already been taken. In many cases they had good insurance coverage with CPH & Associates CPH&A Insurance, or another professional li...

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4/17/2017 Comments(0)

Houston Heart Surgeon Wins $6.4 Million Defamation Case Regarding Peer Review

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 29, 2017, a Houston heart surgeon was awarded $6.4 million in damages after a jury found that Memorial Hermann Health System Memorial defamed his reputation. The suit arose out of a peer review proceeding against Dr. Miguel Gomez. He claimed that the peer review was not about the quality of health care, but was to retaliate against him for moving his lucrative practice to a competing hospital....

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4/13/2017 Comments(0)

Orlando To Be Site for Opening of First Florida Medical Marijuana Dispensary

By Shannon McDonough, Legal and Marketing Intern Central Florida Making Strides Toward Medical Marijuana Acceptance. Central Florida has jumped on the bandwagon with the acceptance of the alternative medicine, medical marijuana. The first medical marijuana dispensary in Florida is opening within the next few weeks in Orlando. It will offer patients the option of medical marijuana to help treat pain and other symptoms. The dispensary, being opened by Knox Medical, is to be located on North Orland...

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4/10/2017 Comments(0)

3 Sentenced in Florida for $175 Million Drug Compounding Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 24, 2017, three participants were sentenced in Florida federal court, for a scheme that used call centers and kickbacks to generate fake prescriptions for compounding pharmacies. The scheme was able to scam the government and private insurers for $175 million. U.S. District Judge Daniel T.K. Hurley, sentenced one of the defendants, Todd Stephens, to ten years. He sentenced Todd Hanson to eight...

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4/10/2017 Comments(0)

Home Health Provider Sues Medicare Contractor and HHS Over Unfair Audit and Denied Medicare Reimbursement Payments

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 2, 2017, an Illinois home health care provider launched a class action law suit against Medicare reimbursement auditor AdvanceMed and the U.S. Department of Health and Human Services HHS Secretary Tom Price. MedPro Health Providers LLC MedPro filed the complaint in an effort to collect $300,000 it says it is owed in Medicare payments. The complaint was filed in the U.S. District Court for the ...

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4/7/2017 Comments(0)

Virginia Medical Board Wins Appeal Concerning Doctor’s Revoked Medical License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, a Virginia appellate court ruled that a doctor's state medical license was properly revoked for various reasons including allowing medical students to perform unauthorized medical procedures. The appellate court said the doctor's due process rights weren't violated because he had three months to prepare for an administrative hearing before the Virginia Board of Medicine. Medical Lice...

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4/3/2017 Comments(0)

Former Pharmaceutical Sales Rep to Serve 70 Months in Prison for Part in $13M Oxycodone Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 24, 2017, a federal judge in the U.S. Southern District of Florida in Miami sentenced a former pharmaceutical salesman to nearly six years in prison for his part in a $13 million money laundering scheme. The scheme involved more than two million oxycodone pills, which the salesperson allegedly helped supply to pain clinics by falsely telling pharmaceutical wholesalers that the clinics weren...

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3/28/2017 Comments(0)