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Investigation Reveals the Large Number of Health Care Providers Revoked From Medicare But Still Billing Medicaid

By George F. Indest III, J.D., M.P.A., L.L., Board Certified by the Florida Bar in Health Law Medicaid fraud and abuse continues to cost states billions of dollars every year. The U.S. Attorney General's office has estimated that up to 20 percent of Medicaid billing is fraudulent and costs the U.S. Treasury between $60 and $90 billion per year. Doctors add fuel to the fire by submitting false claims for patient care, like the Georgia optometrist who claimed he conducted 177 eye exams in one day....

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5/18/2015 Comments(0)

Health Care Professionals Face Strict Repercussions for Misuse of Florida's Prescription Drug Monitoring Program

After much political wrangling and lobbying, in 2009, Florida enacted the Electronic-Florida Online Reporting of Controlled Substances Evaluation E-FORCSE , currently codified in Section 893.055, Florida Statutes . More often, it is referred to simply as the prescription drug monitoring program PDMP by Florida physicians. Since the beginning, the PDMP has been plagued with issues ranging from funding, patient privacy concerns and the legal uses of the database. All health care professionals shou...

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By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 5/15/2015 Comments(0)

Exclusion or Termination From Medicare or Medicaid Programs Can Mean Professional Death

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Have you ever been arrested for a criminal offense? Have you ever had discipline on your license as a health professional? Have you ever been assessed a repayment or fine by the Medicare or Medicaid Programs? If so, then you may have also been terminated from or excluded from the federal Medicare Program or your state Medicaid Program. Check the List. To check if you are on the federal government's Lis...

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5/12/2015 Comments(0)

The Florida Marchman Act-The Baker Act's Little-Known Cousin

One of the toughest things families of people with substance abuse problems encounter is convincing loved ones to get the help they need. In the state of Florida, there is a law called the Marchman Act which may allow some relief. What is the Marchman Act? The Marchman Act is very similar to the Baker Act, in that it allows for the involuntary confinement of a person in order to receive treatment for a substance abuse problem. Who Can Invoke the Marchman Act? Under the statute, a blood relative,...

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Lance O. Leider, J.D., The Health Law Firm 5/1/2015 Comments(0)

Telemedicine Still Up For Discussion In Florida Legislative Sessions

Telemedicine continues to be a heated issue during the 2015 Legislative session. With all the new technologies, mobile medical applications, expansion of health care access under the Affordable Care Act ACA , and the emphasis on quality of care, telemedicine is at the forefront of the health care industry. Many major health insurance carriers are backing telehealth, adding online doctor visits as a covered benefit. For example, WellPoint and Aetna among other health insurers, are allowing millio...

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Lance O. Leider, J.D., The Health Law Firm 4/28/2015 Comments(0)

The American Pharmacists Association Weighs in on Participation in Executions

By Chris E. Brown, J.D., The Health Law Firm Here's a controversial topic to consider: During the annual meeting of the American Pharmacists Association APhA on March 30, 2015, the group voted to discourage its members from participating in lethal injection style executions. While this position is not legally binding, it does hold the same ethical sway as a policy announcement by the American Medical Association does for doctors. What The Stance Means. According to National Public Radio, the APh...

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Chris E. Brown 3/30/2015 Comments(0)

U.S. Supreme Court Rules: State Professional Boards May Not Suppress Competition - How This Ruling Affects You

Are you regulated by a state board or do you sit on one? If you're a physician, dentist, pharmacist, nurse or other health care professional the answer is probably "yes," and you'll want to continue reading. On February 25, 2015, the U.S. Supreme Court ruled that the North Carolina Board of Dentistry, made up of mostly dentists, violated federal law against unfair competition. The Board tried to prevent lower-cost competitors in other fields from offering teeth-whitening services. The Supreme Co...

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By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 3/18/2015 Comments(0)

Are you on the Deadbeat Doctor List? - Public Records of Student Loan Defaults

From 1978 through 1998, the federal government administered a program called the Health Education Assistance Loan HEAL Program. HEAL loans were federally insured loans issued by qualified private lenders. The loans were given to eligible students in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, public health, pharmacy, chiropractic, health administration, and clinical psychology. Ultimately, the HEAL program was discontinued and its administration was tran...

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Lance O. Leider, J.D. 2/25/2015 Comments(1)

Find Out What Could Bar a Florida Health Care Provider from Holding a License for 15 Years or More

With recent amendments, Section 456.0635, Florida Statutes, has enacted very harsh consequences for physicians, dentists, nurses and other professionals licensed by the Florida Department of Health DOH , if they are convicted of certain crimes. These consequences include prohibitions on holding a license for up to 15 years after serving the last day of a sentence or probation. Section 456.0635, Florida Statutes provides: 1. If you have been convicted of, or entered a plea of guilty or nolo conte...

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George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law 2/19/2015 Comments(0)

Anthem Hack Largest Health Care Data Breach Ever: Does the Health Care Industry Have a Target on its Back?

If you are in the health care industry, WAKE UP! You are absolutely, 100 percent a target for cyberthieves. On February 4, 2015, Anthem, Inc., announced that it had been hacked by cyberthieves. The personal information of around 80 million customers and employees was exposed. If an attack like this can happen to one of the biggest health insurers in the United States, it can happen just as easily to small providers. How Did Hackers Get into the Anthem System? According to Becker's Hospital Revie...

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George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law 2/16/2015 Comments(0)

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