Latest Posts

What the Health Professional Needs to Know about Search Warrants (Though You Hope You Never Need to Know)

By Vivionne N. Barker, J.D. A search warrant is a court order obtained by prosecutors that gives law enforcement agents the right to enter the premises specifically identified in the warrant for the purpose of seizing any documents and objects specified in the warrant. In order to obtain approval for a search warrant, the government must establish that there is probable cause to believe that the premises sought to be searched will contain evidence of a specified criminal activity. The government...

Read More
8/3/2015 Comments(0)

Responding to Medicaid Audits - Practical Tips

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 and Bureau of Medicaid Program Integrity—is the Florida agency responsible for routine audits of Medicaid health care providers. The agency ensures that the Medicaid program was properly billed for services. Health care professionals receiving the greatest amounts of Medicaid payments are also the ones most likely t...

Read More
7/30/2015 Comments(0)

DOH Issues a New Abandoned Medical Records Alert

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health is experiencing an increase in the number of reports regarding abandoned medical records. In an effort to curb this trend, The Florida Board of Medicine has issued an alert to educate doctors regarding the retention and disposition of medical records. To see the DOH alert, click here . ...

Read More
7/24/2015 Comments(0)

Podiatrist/Attorney Did Not Put His Best Foot Forward: Multiple Professions Can Mean Multiple Problems

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Shelby Root Thomas Philpot, a former Lake County Clerk of Court in Indiana, was sentenced to 18 months in prison in 2013 for theft and mail fraud. Philpot's conviction was the result of his alleged theft of federal funds to pay himself bonuses in connection with the work he performed. The federal funds that were allegedly stolen were funds that were under his control as county clerk. M...

Read More
7/23/2015 Comments(0)

UCLA Health Network Says It Was a Victim of Criminal Cyberattack

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law UCLA Health claims it was a victim of a data breach that may affect as many as 4.5 million people. What Did the Attackers Retrieve? Hackers accessed parts of the UCLA Health network, which contain personal and medical information. This included customers’ and patients’ names, addresses, social security numbers, health insurance IDs and diagnosis and treatment records. There is no indication...

Read More
7/22/2015 Comments(0)

The Health Law Firm Attorneys Often Represent Medical Professionals in Last Minute Depositions and Hearings

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Our attorneys often receive calls from health care professionals regarding the possibility of representing them on short notice at a Board hearing or at a deposition related to a health care matter. We Take Last Minute Cases. There are some law firms that refuse to represent a client at a hearing unless given plenty of advance notice and preparation time. We always prefer to hav...

Read More
7/21/2015 Comments(0)

Study Finds ACA Plans Have a Third Fewer Providers than Employer-Based Plans

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A new study found that consumers who bought insurance on health exchanges last year had access to one-third fewer doctors and hospitals than people with traditional employer-provided insurance. Consulting firm Avalere Health conducted a study that provides a statistical basis which supports anecdotal reports from consumers and others. The study revealed more limited doctor and hospital ...

Read More
7/20/2015 Comments(0)

Florida Hospital Faces Two Data Breach Lawsuits

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida Hospital is facing two possible class action lawsuits. Each one of the lawsuits involves separate data breaches of patient information over the past four years. The lawsuits are both pending in the Orange County Circuit Court. Two Breaches Over Four Years. The first data breach was revealed in August 2011 and involved Florida Hospital employees Dale and Katrina Munroe, who swept through thousan...

Read More
7/17/2015 Comments(0)

Preparing and Responding to an Initial Medicaid Audit Request

By Lance O. Leider, J.D. Florida health care providers servicing 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. Facts You Should Know About the Medicaid Audit Process. Should you find yourself, your facility or your health practice the subject of a Medicaid audit by your state Medicaid agenc...

Read More
7/17/2015 Comments(0)

Congress Sends Plea to HHS to Issue Medicaid Equal Access Regulations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The House Committee on Energy and Commerce and the Senate Committee on Finance both recently sent a letter to Secretary Burwell urging the U.S. Department of Health and Human Services HHS to actually issue the Medicaid Equal Access regulations. The regulatory guidance was proposed by the Centers for Medicare and Medicaid Services CMS . The document is entitled Medicaid Program: Methods for Assuring Acc...

Read More
7/16/2015 Comments(0)