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CONTRACTS: Breach-of-Contract Claims in Medical Malpractice Cases Require Breach of Additional Promise

Our guest author of this is article is Emily Abel , a legal research attorney with National Legal Research Group in Charlottesville, Virginia. This article was originally published in The Lawletter Vol 42 No 6 . On March 17, 2017, in Heneberry v. Pharoan , 232 Md. App. 468, 158 A.3d 1087 2017 , the Maryland Court of Special Appeals addressed the issue of what is required to prevail on a breach-of-contract claim in a medical malpractice action. The plaintiff, Valerie Heneberry "Heneberry" who was...

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8/15/2017 Comments(0)

CMS Approves Five Year Extension of Florida Medicaid Managed Care Demonstration

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 3, 2017, the Centers for Medicare & Medicaid Services CMS approved a five-year extension of Florida’s Managed Medical Assistance MMA section 1115 demonstration. It allows the state to operate a capitated Medicaid managed care program and a low-income pool LIP to provide continuing support for the safety net providers that furnish charity care to the uninsured. CMS touted the approva...

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8/14/2017 Comments(0)

The 20 Major Mistakes Physicians Make After Being Notified of a Department of Health Investigation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a complaint which could lead to the revocation of a physician's license to practice, usually starts with a simple letter from the Department of Health DOH . This is a very serious legal matter and it should be treated as such by the physician who receives it. Yet, in many cases, attorneys are consulted by physicians after the entire investigation is over and the damage is already d...

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8/10/2017 Comments(0)

Inmates Family Sues Jail After Improper Care

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Orange Country Jail Sued. A wrongful death suit has been filed against Orange County Jail due to what some are saying was a preventable death. The suit was filed directly against Robert Buck, the head of the jails health services department, along with four nurses that cared for the late inmate. Dog Bites Leads to Death In Jail. In 2015, Max Gracia was arrested. During his arrest, he sustained many bit...

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8/9/2017 Comments(0)

Florida Government Officer Charged in Billion Dollar Medicare Fraud

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Health Care Administrator Accepts Bribes. An alleged $1 billion health care scheme has lead to the first known prosecution against a Florida Agency for Health Care Administration official. Bertha Blanco faces a wide range of charges including accepting bribes to tip off individuals when state wide investigations were to begin. The Ring Alleged Ring Leader. It is reported that Blanco oversaw inspections...

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8/8/2017 Comments(0)

Avoid Being Labeled as a "Disruptive Physician" at All Costs

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Although "old news" at this point, on July 9, 2008, the Joint Commission TJC published the following alert to health care organizations: Sentinel Event Alert; Issue 40, July 9, 2008 Behaviors That Undermine a Culture of Safety Intimidating and disruptive behaviors can foster medical errors, contribute to poor patient satisfaction and to preventable adverse outcomes, increase the cost of care, and cause...

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8/2/2017 Comments(0)

What You Need to Know About Preparing and Responding to an Initial Medicaid Audit Request

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Health care providers in Florida who service Medicaid patients are at a higher risk for audits than anywhere else in the country. The unfortunate truth is that Florida has become synonymous with health care fraud. As a result, auditing and subsequent overpayment demands are very real possibilities. The Health Law Firm and its legal professionals represent health care providers in virtually every aspect...

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7/24/2017 Comments(0)

Responding to a Medicaid Audit: Important Tips You Should Know

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Agency for Health Care Administration AHCA , Office of Inspector General OIG , Bureau of Medicaid Program Integrity, is the Florida agency responsible for routine audits of Medicaid health care providers. Each state has a similar state agency, though it may have a different name. The agency’s job is to ensure that the Medicaid Program was properly billed for services. Health care professional...

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7/14/2017 Comments(0)

Florida-Based Compounding Pharmacy Violated False Claims Act by Overcharging Tricare, Feds Claim

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 3, 2017, a compounding pharmacy based in Tampa, Florida, charged Tricare at least 2,000 percent more for drugs than it charged cash payers, according to the government. The government claimed that the Florida pharmacy acted in violation of the False Claims Act FCA , as it intervened in a whistleblower’s suit. The government claimed that RS Compounding LLC and its owner, Renier Gobea, knew...

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7/14/2017 Comments(0)

Health Care Fraud Puts Miami Man in Jail

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 4.5 Year Sentence for Role in Fraud. A Miami Man voluntarily returned to Miami from Cuba and was immediately met with a 4.5-year long prison sentence. Jose Gerardo Gonzalez, played a role in a scheme to defraud public schools and private health care insurers of $126 million. Gonzalez allegedly created shell companies that submitted false health care claims. The private insurers were ultimately at lose ...

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7/10/2017 Comments(0)