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Orlando Chiropractor Faces 50 Years in Prison for PIP Scam

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An Orlando health clinic owner and one other person were recently arrested on charges of defrauding multiple insurance companies and payers, according to the Florida Division of Insurance Fraud. Dr. Troy Godsey of Spine Health Solutions, P.A., allegedly provided treatments to"patients" involved in auto accidents. Three insurance companies received a $300,000 bill for reimbursements under the "patients'...

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9/1/2015 Comments(0)

Physicians Watch Out: "Disruptive Physicians" Rising on Board of Medicine's Radar

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 7, 2015, the Florida Board of Medicine heard a presentation on "disruptive physicians" from psychiatrist Martha Brown, M.D. It was stated that the presentation aimed to further increase educational efforts regarding the importance of patient safety by identifying disruptive physicians. Dr. Brown recommended protocols for working with disruptive professionals, including developing an appropria...

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8/28/2015 Comments(0)

Amarin Pharma, Inc., Wins Injunction Against FDA's Off-Label Marketing Ban

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law The U.S. District Court for the Southern District of New York granted a preliminary injunction to Amarin Pharma, Inc. Amarin , prohibiting the Food and Drug Administration FDA from enforcing its off-label marketing ban. The injunction means that Amarin can engage in truthful marketing of Vascepa even when the marketing is used to promote an off-label use of Vascepa. FDA Ban on Off-Labeling Drugs. Off-label use of...

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8/21/2015 Comments(0)

Medicare Part D: Measures Needed to Strengthen Program Integrity Testimony of Ann Maxwell Assistant Inspector General

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 14, 2015, Ann Maxwell, Assistant Inspector General for Evaluation and Inspections of the Office of Inspector General OIG , U.S. Department of Health and Human Services HHS , gave testimony to Congress on the Medicare Part D Program. She presented before the United States House of Representatives Committee on Energy and Commerce and the Subcommittee on Oversight and Investigations. Her testimony...

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8/18/2015 Comments(0)

Five Pitfalls to Look for When Negotiating EHR Vendor Contracts

By: Lance O. Leider, J.D. In late 2012 a group of physicians filed a class action lawsuit against electronic health records EHR giant Allscripts. The suit was brought on behalf of approximately 5,000 physician practices which purchased Allscripts MyWay EMR solution. It is alleged that after years of problems related to functionality and quality, Allscripts abandoned MyWay and offered the physicians a "free" upgrade to a new EHR program. In this blog, I use "EHR" and "EMR" electronic medical reco...

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8/10/2015 Comments(0)

WHAT THE HEALTH PROFESSIONAL SHOULD DO WHEN A GOVERNMENT SUBPOENA ARRIVES

By Vivionne N. Barker, J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A subpoena is an order of a court or a government agency that requires an individual to testify or to produce documents on or before a certain date. There are many different types of subpoenas state, federal, grand jury, administrative, etc. . If you, your medical group, or your facility is served with a subpoena, the following advice could be helpful: • First, be sur...

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8/5/2015 Comments(0)

More Than 100 Doctors Tell Big Pharma to Lower Drug Prices

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As drug prices rise, the number of complaints against pharmaceutical companies increase as well. Pressure is being placed on pharmaceutical companies by leading physicians to lower the prices on lifesaving drugs. Doctors From All Around the Country Put the Heat on Pharmaceutical Companies. At least 118 oncologists from top hospitals around the country are calling for grassroots solutions to the high co...

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8/4/2015 Comments(0)

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. ...

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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...

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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 . ...

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7/24/2015 Comments(0)