Health Law Articles and Documents
Publications
Reporting Requirements for Health Information Breach
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T, J.D.
Employer Liability for Employee's Intentional Violation of Patient Confidentiality
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T, J.D.
HHA and DME Providers Must Verify Medicare Enrollment for Referring Physicians
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
3 Ways Stark Law Impacts Your Practice
(Note: This article was originally published in Medical Office Today) by Daniel Casciato
Deceased Patient's Right to Medical Record Confidentiality
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
Physician Liability: When an Overdose Brings a Lawsuit
(Note: Christopher E. Brown, J.D., was quoted in this article. This piece was originally published in American Medical News) by Alicia Gallegos
Disclosing Information About Dangerous Patients
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T, J.D.
Physicians Entangled in Tainted Drugs Lawsuits
(Note: George F. Indest III, J.D., M.P.A., LL.M., was quoted in this article. This piece was originally published in American Medical News) by Alicia Gallegos
Maintaining Active NBRC Credentials
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
19 Tips to Prepare You For a Medicare Audit Site Visit (pdf)
(Note: This article was published in Medical Economics) by George F. Indest III, J.D., M.P.A., LL.M
Physician Employment: Build a Contract that Suits You (pdf)
(Note: Christopher E. Brown, J.D., was quoted in this article. This piece was originally published in American Medical News) by Victoria Stagg Elliott
Help Stop Drug Diversion
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
Shifting Trends and New Laws Cause Rise in Medical Board Actions Against Physicians (pdf) (Note: George F. Indest III, J.D., M.P.A., LL.M., was quoted in this article. This piece was originally published in Medical Staff Briefing© 2012 HCPro, Inc.) by Elizabeth Jones
(Note: This article was originally published in Medical Economics) by George F. Indest III, J.D., M.P.A., LL.M.
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
Detecting Medical Identity Theft
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
(Note: This article was originally published in Medical Economics) by George F. Indest III, J.D., M.P.A., LL.M.
Good Hand-Off Communications Can Prevent Malpractice
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.
Avoiding HIPAA Violations
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.I'm Sorry Laws: What's a Respiratory Therapist's Apology Worth?
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.Malpractice Insurance With License Coverage a Must for Respiratory Therapists
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, J.D., R.R.T.Patient-Supplied Respiratory Equipment in the Hospital
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.Are Your Lips Sealed About Salaries?
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.The NPDB and Legal Ramifications of Settling Your Medical Malpractice Lawsuit
(Note: This article was originally published in The Stethoscope, Summer 2004) by George F. Indest III, J.D., M.P.A., LL.M. and Jason L. Harr, J.D., M.P.A.Why Nurses Should Buy Malpractice Insurance
by George F. Indest III, J.D., M.P.A., LL.M. and Jason L. Harr, J.D., M.P.A.New Business Checklist for Health Care Providers in Florida (pdf)
Do You Need a Medicare Compliance Plan? (pdf)
Nursing Law Manual
The Florida Healthcare Professionals' Medico-Legal Guide
Cases and Litigation Documents
Jeffery M. Nordella M.D. v. Anthem Blue Cross, Case Number BC444364, Case Summary, May 15, 2013 (pdf)
Federal Trade Commission v. Watson Pharmaceuticals, Inc., Case Number 12-416, Brief for AARP, American Medical Association, National Legislative Association for Prescription Drug Prices and U.S. Public Interest Research Groups as Amici Curiae in Support of Petitioner, January 29, 2013 (pdf)
Medical Staff of Avera Marshall Regional Medical Center on Its Own Behalf and in Its Representative Capacity for Its Members v. Avera Marshall d/b/a Avera Marshall Regional Medical Center, Case No. A12-2117, State of Minnesota Court of Appeals, February 6, 2013 (pdf)
Colorado Medical Board v. Warren J. Kortz, M.D., Case Number ME 2013, Formal Complaint, April 2, 2013 (pdf)
Department of Health, Board of Massage Therapy v. Guiping Diamond, L.M.T., Case Number 12-3825PL, Recommended Order, April 9, 2013 (pdf)
Oklahoma Board of Dentistry State of Oklahoma v. Wayne Scott Harrington, D.M.D., Case Number 13-005, Statement of Complaint, March 28, 2013 (pdf)
Department of Health v. Michael Moyer, M.D., Case Number 2010-09934, Administrative Complaint, October 14, 2011 (pdf)
Wayne A. Reed v. Saint Thomas Outpatient Neurosurgical Center, Case Number 13C-417, Complaint, January 29, 2013 (pdf)
Department of Health v. Roman Mosai, M.D., Case Number 2009-06572, Administrative Complaint, June 5, 201 (pdf)
Department of Health v. Tabetha Terry, R.N., Case Number 2010-13467, Administrative Complaint, February 22, 2011, (pdf)
United States of America v. Jose Carlos Morales, Case Number 12-23374, Preliminary Injunction and Supporting Memorandum of Law, September 14, 2012, (pdf)
Department of Health v. Sharon Ann Day-Osteen, D.D.S., Case Number 2012-13461, Administrative Complaint for Allegedly Abusing Drugs, November 2, 2012, (pdf)
State of Florida v. Matthew Scheidt, Case Number 2011 CF 003613, Impersonating a Physician Assistant, November 14, 2012 (pdf)
The American Hospital Association (AHA) v. U.S. Department of Health and Human Services (HHS), Case Number 1:12-cv-1770, AHA Complaint over Government Denying Hospitals Payments for Necessary Care, November 1, 2012 (pdf)
The Health Law Firm v. Public Consulting Group (PCG), Notice of Decision, October 2012 (pdf)
U.S., v. Paula Whitfield, Case Number 10-20505, Appeal of Conviction of Aiding and Abetting Health Care Fraud and Conspiracy to Commit Health Care Fraud, August 9, 2012 (pdf)
Department of Health v. Ruben Jose Nunez, M.D., Case Number 2001-13753, Administrative Complaint before the Board of Medicine, May 29, 2012 (pdf)
U.S. ex rel. Ven-A-Care of the Florida Keys, Inc., v. Boehringer Ingelheim Corp., Case Number 01-12257-PBS, False Claims Act, February 1, 2010 (pdf)
Health Options, Inc., v. Agency for Health Care Administration and Baycare Health System, Inc., Case Number 1D03-3751, Appeal from the Agency for Health Care Administration, November 17, 2004 (pdf)
At Home Personal Care Services Inc., v. N.C. Department of Health and Human Services Division of Medical Assistance, Case Number 11 DHR 08755, Medicare Overpayment Case, February 13, 2012 (pdf)
First Call Ambulance Service, Inc., v. Department of Health and Human Services, Case Number 3:10-0247, Order of Dismissal, May 25, 2012 (pdf)
First Call Ambulance Service, Inc., v. Department of Health and Human Services, Case Number 3:10-cv-0247, First Call Ambulance Service, Inc., Sues Department of Health and Human Services Over $2.65 Million, March 20, 2010 (pdf)
Jon Schiff v. Blackstone Medica, Inc., Case Number 8:11-cv-2430-T-30TBM, Order of Dismissal, August 15, 2012 (pdf)
U.S. ex rel. Jon Schiff v. Blackstone Medical, Inc., Case Number 8:11-cv-02430-JSM-TBM, False Claims Act and Demand for Jury Trail, October 26, 2011 (pdf)
U.S. ex rel. Stone v. Hospice of the Comforter, Inc., Case Number 6:11-cv-1498-ORL-22-AAB (M.D. Fla)., Whistleblower Case, September 12, 2012 (pdf)
Holiday CVS, L.L.C., v. Eric H. Holder, JR., er al., Case Number 12-5072, consolidated with Case Number 12-1128, Order to Revoke the Certificates of Registration Issued to CVS Pharmacy Nos. 219 and 5195, September 11, 2012 (pdf)
Teamcare Infusion Orlando, Inc. v. Secretary, U.S. Department of Health and Human Services, Case Number 6:10-cv-1752-Orl-22GJK, Court Reversed the Department of Health and Human Services Determination that Medicare Overpaid Teamcare Infusion Orlando, Inc., August 16, 2012 (pdf)
State of Florida v. Matthew Scheidt, Case Number 2011 CF 003613, Charges Against Matthew Scheidt, September 2, 2011 (pdf)
U.S. v. Dale Munroe, Case Number 6:12-mj-01378-KRS, Criminal Complaint from Privacy Breach at Florida Hospital, August 13, 2012 (pdf)Articles Medical Staff Credentialing, Privileging and Peer Review
Burden of Proof in Administrative Cases Involving Discipline of Professional Licenses Download formats: .pdf .rtf
Florida Department of Health Disciplinary Actions
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Did You Know You Have Fifth Amendment Rights in a Florida Department of Health Investigation Involving Your License?
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Have You Updated All of Your Addresses with Medicare? The Consequences of Not Doing So Are Severe!
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Advice for Nurses Regarding Department of Health Investigations
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The Corporate Practice of Medicine and Florida's Prohibitions on the Corporate Practice of Dentistry and Optometry
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Medicare and Medicaid Fraud and Compliance Plans
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Exclusion from the Medicare Program Can have Devastating and Far-reaching Effects
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How Does a Health Care Services Pool Differ From a Home Health Agency, a Nurse Registry and a Homemaker and Companion Services Provider in Florida
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Don't Work at an Illegal Health Care Clinic
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At Last, a Ray of Hope for Florida Health Professionals Who Have Paid Their Debt to Society After Criminal Conviction
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Legal Strategies for Doctors to Fight Bad Online Reviews
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Recommendations for Physicians Regarding Disciplinary Action From The ABIM
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Do Not Voluntarily Relinquish or Give Up Your License or Allow It to Expire While Under Investigation or While Pending Disciplinary Action
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Have You Received a Notice of Termination of Your Medicare Number?
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Objections to Subpoenas Issued by the Florida Department of Health
and the Florida Agency for Health Care Administration
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The Basics of Physician Depositions
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Nursing Professionals Cannot Afford Not to Carry Malpractice Insurance
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20 Tips for Physicians Negotiating Their Own Employment Contracts
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What are the Differences Among a Home Health Agency, a Nurse Registry, and a Homemaker and Companion Services Provider in Florida?
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For a chart that shows a detailed comparison of each type of organization: click here
National Practitioner Data Bank (NPDB) Update
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Recent Changes to Florida's Pain Management Laws (2011-2012)
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The Physician Employment Agreement
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Common Problems That Slow Up an Application for a Medical License or Other Health Professional License in Florida
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Avoiding the "Disruptive Physician" Label
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Attention Pain Management Clinics
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Winning the Fight Against Prescription Drug Abuse
Message from the Chairman of the Florida Board of Medicine - May 2011
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Doctor or Nurse, Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator
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Agency for Health Care Administration (AHCA)
Employment Disqualifications and Background Screens
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Submission of "Certificate of Completeness of Medical Records":
In Florida Department of Health (DOH) Investigation
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Responding to a Medicare Audit - Practice Tips
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The Implications of Treating Employees as Independent Contractors
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Example of a Stop-Work Order and Notice of Rights
Accused of "Irregular Behavior" on Your USMLE STEP Exams: What to Do
For an example of an actual letter stating the charges against a foreign medical graduate relating to allegations of “irregular behavior” and advising him of the procedures to challenge this determination click here.
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Judge Berates DEA, Dumps Charges in Suit
By John Ryan, Daily Journal
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Contact Information for State Boards of Nursing in the U.S.
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Prescribing in Florida (Guidance Provided by the Florida Department of Health)
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What Every Nurse Really Needs to Know About Legal Advice From the Board of Nursing
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Pain Management, Prescribing and the Drug Enforcement Administration (DEA) Defense
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Administrative Hearings in Florida: Formal vs. Informal Hearings
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Florida's Prohibition on Advance Registered Nurse Practitioners (ARNPs) Prescribing Controlled Substances and the Requirements to Report Such Activity
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The Collateral Effects of a Criminal Case on a Health Care Licensee
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Ethics and Laws for the Helping Professional in Florida
For Psychologists, Mental Health Counselors, Social Workers and Marriage and Family Therapists (ppt)
Warning: Medicare Part B Revocations Are Coming to a Physician, Group Practice, or DME Supplier Near You
(This was a posting on the American Health Lawyers Association's listserv on June 19, 2010. It is quoted verbatim below. This is provided for information only and is not legal advice.)
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Invalidation of USMLE STEP 1 and STEP 2 Scores and Litigation Between NBME, FSMB and OPTIMA
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HIPAA HITECH Act
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Reporting of Criminal Offenses, Including Pleas of Nolo Contendere and Adjudication Withheld, by Florida Licensed Health Professionals
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Board Certification for Lawyers: What Does It Mean?
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Documents
Health Resources and Services Administration (HRSA) Final Rule on the National Practitioner Data Bank, April 5, 2013 (pdf)
Internal Revenue Service (IRS) Memorandum 201307005 on Electronic Health Records (EHR) Incentive Payments January 14, 2013 (pdf)
Agreements Filed with the Federal Trade Commission under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (pdf)
Stryker Orthopaedics ABG II Modular Extraction Protocol September 2012 (pdf)
Letter from Oklahoma State Health Department and Tulsa Health Department Warning Dentist's Patients to get Tested for HIV and Hepatitis March 29, 2013 (pdf)
Department of Labor, Occupational Safety and Health Administration Whistleblower Regulations, February 27, 2013 (pdf)
Exploring the Impact of the RAC Program on Hospitals Nationwide, survey results from the American Hospital Association, March 8, 2013 (pdf)
Press Release, DePuy Orthopaedics Voluntarily Recalls ASR Hip System, August 26, 2010 (pdf)
Letter from Stryker Orthopaedics to Surgeons on Recall of its Rejuvenate and ABG II Modular-Neck Femoral Hip System, January 2013 (pdf)
Press Release, Stryker Initiates Voluntary Product Recall of Modular-Neck Stems, July 6, 2012 (pdf)
Outpatient Rehabilitation Therapy Services: Complying with Documentation Requirements from the Centers for Medicare & Medicaid Services, September 2011 (pdf)
Government Accountability Office's 2013 High-Risk Update Medicare and Medicaid, February 27, 2013 (pdf)
The Medicare Contractor's Payments to Providers in Jurisdiction 9 for Full Vials of Herceptin Were Often Incorrect by Office of Inspector General, January 2013 (pdf)
Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules, January 25, 2013 (pdf)
HIPAA Guidance Letter to Health Care Providers from the Department of Health and Human Services, January 15, 2013 (pdf)
American College of Physicians Statement of Principles on the Role of Governments in Regulating the Patient-Physician Relationship, July 2012 (pdf)
Government Accountability Office Medicare Program Integrity Report, November 2012, (pdf)
Attorney General Emergency Rule Outlawing 22 New Synthetic Drugs as Schedule I, December 11, 2012, (pdf)
Sample - Primary Care Employment Agreement (pdf)
Seminole County Ordinance Chapter 186 Establishing Regulations Regarding Pain Management Clinics, Adopted November 13, 2012, (pdf)
Georgia Pharmacy Association's Warning About License Renewal Process (pdf)
A Summary of the Georgia Illegal Immigration Reform and Enforcement Act of 2011 or HB 87 which is effective as of January 1, 2012 (pdf)
Letter: American Hospital Association (AHA) Supports Office of Inspector General (OIG) Review of Effectiveness of Medicare Contractors in 2013 Work Plan, October 2012 (pdf)
Press release by the American Hospital Association (AHA) on lawsuit against the U.S. Department of Health and Humans Services (HHS), November 2012 (pdf)
The Department of Health and Human Services Office of Inspector General Report on Criminal Convictions for Nurses Aides With Substantiated Findings of Abuse, Neglect, and Misappropriation (pdf)
Department of Health Alert to Compounding Pharmacies in Massachusetts (pdf)
An Ordinance of Osceola County, Florida, Relating to Pain Management Clinics (pdf)
Uncovering Waste, Fraud, and Abuse in the Medicaid Program, April 2012 (pdf)
Updated Medicare Readmission Chart, September 2012 (pdf)
List of all Recalled Products Manufactured by New England Compounding Center (pdf)
American Medical Association (AMA) letter to Centers for Medicare & Medicaid Services (CMS) opposing RAC Review of E&M Codes (pdf)
"Authorization for Release of Protected Health Information" form from the Sarasota Sheriff's Office (pdf)
Pharmaceutical Industry Criminal and Civil Penalties: An Update, By Public Citizen (pdf)
Statement from State Surgeon General and Secretary of Health Dr. John Armstrong on Massage Therapy Survey Report (pdf)
Florida Department of Health Massage Therapy Schools Transcript Integrity Report (pdf)
Arrest Affidavit for Humberto Francisco Perez, Maria Perez and Odalis Hernandez-Perez, Charges of Performing Dental Services without a License and Child Abuse, September 12, 2012 (pdf)
Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program from the Federal Trade Commission and the Department of Justice (pdf)
Department of Health and Human Services Office of Inspector General Questionable Billing by Community Mental Health Centers, August 2012
State of Florida Office of Attorney General in the investigation of MedVance Institute
Medicare Program Integrity Manual Chapter 3 - Verifying Potential Errors and Taking Corrective Actions (pdf)
Medicare Program Integrity Manual Chapter 10 - Medicare Provider/Supplier Enrollment (pdf)
Decision in David K. Caletri, M.D. v. Centers for Medicare and Medicaid Services (CMS) finding that a legitimate basis existed for CMS to revoke Petitioner’s billing privileges and granting CMS’s motion for summary judgment (pdf)
Decision in John Crews, III, M.D. v. Centers for Medicare and Medicaid Services (CMS) finding that a legitimate basis existed for CMS to revoke Petitioner’s enrollment and billing privileges and granting CMS’s motion for summary judgment (pdf)
Decision in David W. Laudon, D.C. v. Centers for Medicare and Medicaid Services (CMS) finding that CMS had the authority to revoke Petitioner’s enrollment and billing privileges in the Medicare program for failing to report an adverse legal action (pdf)
The Office of Civil Rights' (OCR) Presentation on the Results of the First Round of 2012 HIPAA Audits (pdf)
Graphical Depiction of the Centers for Medicare & Medicaid Services' (CMS) Electronic Submission of Medical Documentation (esMD) program (pdf)
OIG Advisory Opinion No. 12-06 (June 1, 2012) Addressing a Fact Situation Regarding an Anesthesia Practice Paying a Per-Patient "Management Services" Fee to a Physician-Owned Ambulatory Surgical Center (ASC) (pdf)
The Muecke Company, et. al, v. CVS Caremark Corporation
Class Action Complaint and Jury Demand (pdf)
Chapter 836, Florida Statutes, which discusses defamation, libel, threatening letters, and similar offenses
A Summary of HB 0653 which is effective as of July 1, 2012
Bill Analysis of HB 0653 from the Health and Human Services Subcommittee
Bill Analysis of HB 0653 from the Health and Human Services Quality Subcommittee
Bill Analysis of HB 0653 from the Health Care Appropriations Subcommittee
A List of Investigations of Physician Registrants in which the DEA was Involved that Resulted in the Arrest and Prosecution of the Registrant
Last Updated Apr. 3, 2012
Administrative Memorandum of Agreement (MOA) between Cardinal Health and the U.S. Drug Enforcement Administration (DEA)
Appeals Court Decision
United States of America v. Franck's Lab, Inc., et al.
District Court Decision in Favor of Franck's Lab
U.S. ex rel. Drakeford v. Tuomey Health. Sys., Inc.
Appeals Court Decision
Chart that Explains the Department of Health (DOH) Investigation Process
Chart Comparing a Home Health Agency (HHA), Nurse Registry, and Homemaker and Companion Services Provider in Florida (pdf)
Dr. Barry Eppley vs. Lucille Iacovelli
Preliminary Injunction in an online defamation case which orders the defendant to remove all internet postings that she made that refer to Dr. Eppley (pdf)
OIG Advisory Opinion 97-4 (Sept. 25, 1997) Addressing a Fact Situation Regarding Waiving Copays Posed to it by an Ambulatory Surgical Center (ASC) (pdf)
OIG Special Fraud Alert (1994) "Routine Waiver of Medicare Part B Copayments and Deductibles" (pdf)
An Actual Letter from SafeGuard Services, LLC (SGS), a Zone Program Integrity Contractor (ZPIC) for the Centers for Medicare & Medicaid Services (CMS) Regarding Centers for Medicare & Medicaid Services (CMS) Policies on Waiving Co-payments
Sample Financial Hardship Application Form that may be used to document a patient's inability to pay and the healthcare provider's decision to allow thisCardinal Health, Inc. V. Eric H. Holder Jr., et al.
Motion for Preliminary Injunction
Cardinal Health, Inc. V. Eric H. Holder Jr., et al.
Motion for Temporary Restraining Order (pdf)
Preliminary Audit Report from State Medicaid Agency Including Overpayment Amount Calculated by Using Statistical Extrapolation Formula, with Actual Statistical Formula Used (pdf)
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