The Health Law Blog

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The Effect of OIG Exclusion On Health Care Professionals: Part 1 of 2

By Michelle Bedoya, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This is part one of two in a blog series in which the effects and scope of OIG exclusion on health care professionals will be discussed. Pursuant to Sections 1128 and 1156 of the Social Security Act, the U.S. Department of Health and Human Services Office of Inspector General "OIG" has the authority to exclude individuals and entities from federally funded health care program...

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6/29/2016 Comments(0)

Referral Sources Protected by Restrictive Covenants in Florida? Recent Case Decides

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physician employees and other health care professionals who sign employment contracts are often confronted with restrictive covenants or covenants-not-to-compete. Many states prohibit such clauses in contracts; however, Florida has a law that specifically permits them. In the case of physicians, given that patients may have a legal right to choose their own doctors, enforcement by an employer or former...

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6/21/2016 Comments(0)

Court Rejects Arguments That Both Parents Need to Give Consent For Surgery

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 22, 2016, an appeals court in Florida ruled that only one parent is needed to consent to a child’s surgery. The ruling, by a three-judge panel of the Florida First District Court of Appeal, upheld an Escambia County circuit judge's decision in a case in which the parents had separated and only the mother gave consent for a 3-year-old child to have ear-tube surgery. What Happens When Parent...

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6/14/2016 Comments(0)

Court Rejects Arguments That Both Parents Need to Give Consent For Surgery

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 22, 2016, an appeals court in Florida ruled that only one parent is needed to consent to a child’s surgery. The ruling, by a three-judge panel of the Florida First District Court of Appeal, upheld an Escambia County circuit judge's decision in a case in which the parents had separated and only the mother gave consent for a 3-year-old child to have ear-tube surgery. What Happens When Parent...

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6/14/2016 Comments(0)

FDA Announces New Draft Guidance on Use of Electronic Health Record Data in Clinical Investigations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 17, 2016, the United States Food and Drug Administration FDA published a draft guidance titled Use of Electronic Health Record Data in Clinical Investigations Draft Guidance which emphasizes interoperability and outlines other best practices for effectively using EHR data in FDA-regulated studies. The Draft Guidance is intended to assist sponsors, clinical investigators, contract research organi...

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6/13/2016 Comments(0)

OIG Announces Projected Recoveries of More Than $2.77 Billion in First Half of Fiscal Year 2016 Alone

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Department of Health and Human Services HHS Office of Inspector General OIG has reported that it expects recoveries of more than $2.77 billion—nearly $554.7 million in audit receivables and about $2.22 billion in investigative receivables—from October 1, 2015 to March 31, 2016, the agency said in its Semiannual Report to Congress. Click here to view the report. This projected number is ...

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6/8/2016 Comments(0)

House Passes $81.6 Billion Veterans Affairs Bill: Includes Allowing Medical Marijuana

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 19, 2016, a new bill was passed that would allow U.S. Department of Veterans Affairs VA doctors to prescribe medical marijuana to patients. As part of the $81.6 billion budget and policy bill for military construction and the department of Veterans Affairs, this new measure would allow VA doctors to prescribe medical marijuana to their patients in states where medical marijuana is currently lega...

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6/2/2016 Comments(0)

Letter From Industry Group Claims OIG’s Audits Billing Contain Legal Defects

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 24, 2016, the American Hospital Association AHA released a letter claiming that Audits of hospital billing by the Office of Inspector General OIG of the U.S. Department of Health and Human Services HHS contain numerous legal defects. According to AHA, the defects result in wildly excessive repayment demands. Hospital Compliance Reviews. The letter from AHA relates to hospital compliance reviews ...

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6/1/2016 Comments(0)

Former Arizona Medicaid Official Sentenced to 10 Years 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 May 9, 2016,Michael John Veit, 64, the former chief procurement officer for Arizona's state Medicaid program, was sentenced to 10 years in prison for his role in the fraud scheme that resulted in the theft of 5.9 million dollars. The Original Fraud and Theft Charges. A briefcase containing old checks written from the agency to the vendor nearing 1.5 million dollars was discovered in August of 2015, ...

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5/31/2016 Comments(0)

Stoel Rives Law Firm Allegedly Assisted Tri-Med’s $17M Ponzi Scheme

By Miles Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On May 6, 2016, investors filed a securities class action lawsuit against law firm Stoel Rives, Charles Corces, CPA, and affiliated individuals for allegedly helping Tri-Med Corp operate a Ponzi scheme. According to the complaint, which was filed in a Florida federal court, the defendants helped Tri-Med raise over $17 million, most of which funded personal expenses and outside ventures of the company’s principal insiders. Tri-Med...

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5/24/2016 Comments(0)