HIPAA compliance not guaranteed with ePHI security
George F. Indest III interviewed by Scott Wollask for article in Tech Target’s Healthcare/IT publication

Old School Patient Confidentiality
by Michael L. Smith, R.R.T., J.D.

License By Fraud
by Michael L. Smith, R.R.T., J.D.

Health-Care Employers Must Strengthen Internal Compliance Programs to Respond to DOJ and SEC Enforcement Initiatives
This article was originally published by Bloomsburg’s Health Law Reporter by Miles O. Indest, J.D./M.B.A candidate at Tulane University, Law Clerk at The Health Law Firm

CMS Advisory Opinion

HIPAA Update Presentation

Prosecutorial Overcharging

Stopping Improper Payments
by Michael L. Smith, R.R.T., J.D.

Testimony Before the United States House of Representatives Committee on Energy and Commerce Subcommittee on Oversight and Investigations

Subpoena for documents and testimony before a Federal Grand Jury, issued at the request of the OIG

Sample of a subpoena from the Florida Medicaid Fraud Control Unit (MFCU)

Sample Health Care subpoena issued the Office of Inspector General (OIG) of the Department of Health and Human Services (DHHS)

Sample subpoena from the Florida Department of Health

Fit for Duty
by Michael L. Smith, R.R.T., J.D.

TAANA Position: Expert Testimony in Nursing Malpractice Actions
by Christopher E. Brown, J.D.

ALF Compliance Presentation
by Christopher E. Brown, J.D.

Subpoenas for Patient Records
(Note:This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D. J.D.

Follow the Steps or Pay the Price
(Note: This article was originally published in Facts & Findings) by Lance O. Leider, J.D.

Telehealth in Respiratory Care
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Spotlight-Corporate Matching Gift Program

(Note: This article was originally published in Connections from the American Health Lawyers Association) November 2014.

Undercover Agents

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Data Breach

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

CDC Guidelines for Proper Handling of Ebola

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Settling a Malpractice Suit is Seldom a Straightforward Decision
(Note: George F. Indest III, J.D., M.P.A., LL.M., was quoted in this article. This piece was originally published in Family Practice News) by Alicia Gallegos

Healthcare Fraud: Research Misconduct Results in Criminal Indictment

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Healthcare Compliance:An Overview of the Basics for Organizations and Providers
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

$800,000 for Medical Record Dumping
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Confidential Health Information
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Alarm Safety-Joint Commission – National Patient Safety Goal NPSG-06.01.01
(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Whistleblowers – Nurse Whistleblowers Cleared; Sheriff and Attorney Get Jail Time

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Failing to Encrypt Data

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

George F. Indest III, J.D., M.P.A., LL.M., Featured in Orlando Medical News’ Incharge Healthcare 2014 Issue

New Year’s Resolution One

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Employer Smoking Bans

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Don’t Resign Your Professional License in the Midst of an Investigation

(Note: This article was originally published on Kevin M.D.) by George F. Indest III, J.D., M.P.A., LL.M.

A Little Known Rule in the ACA Could Pose Financial Risk to Doctors

(Note: This article was originally published on Kevin M.D.) by Michael L. Smith, R.R.T., J.D., and George F. Indest III, J.D., M.P.A., LL.M.

Hospital Mergers Unmasked
(Note: George F. Indest III, J.D., M.P.A., LL.M., was quoted in this article. This piece was originally published in the Triangle Business Journal) by Jason deBruyn

How to Respond to a Medicare Audit: 17 Tips from a Lawyer

(Note: This article was originally published on Kevin M.D.) by George F. Indest III, J.D., M.P.A., LL.M.

Choosing Wisely – American College of Chest Physicians and American Thoracic Society release list for inclusion in Choose Wisely Campaign

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

A Lawyer Provides Pain Management Tips for Doctors

(Note: This article was originally published on Kevin M.D.) by George F. Indest III, J.D., M.P.A., LL.M.

Mid-Level Providers Bring Different Risk to Practice

(Note: George F. Indest III, J.D., M.P.A., LL.M., was quoted in this article. This piece was originally published in Family Practice News) by Alicia Gallegos

New HIPAA Changes Effective Sept. 23, 2013

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

It Pays to Know What Your Equipment Knows

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Handling Discriminatory Patient Requests

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Know Your Rights as a Practitioner

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Michael L. Smith, R.R.T., J.D., Named Pro Bono Champion by American Health Lawyers Association

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.

Legal Strategies For Doctors To Fight Bad Online Reviews

(Note: This article was originally published in Florida Medical Business) by George F. Indest III,

J.D., M.P.A., LL.M.

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

How to Prevent Employee Embezzlement

(Note: This article was originally published in Medical Economics) by George F. Indest III, J.D., M.P.A., LL.M.

Criminal Acts’ Effect on Practice Licenses

(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.

Video Surveillance in Patient Care Areas

(Note: This article was originally published in Advance for Respiratory Care and Sleep Medicine) by Michael L. Smith, R.R.T., J.D.

Beware Legal Ramifications of Unnecessary Tests

(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)

MedPro Class Action Complaint – MedPro Health Providers LLC v. Price et al, Case No. 1:17-cv-01568

Appellate Opinion on Caring Hearts Personal Home Services, Inc., vs. Sylvia Mathews Burwell, Secretary of Dep’t of Health and Human Services, 824 F.3d 968, 2016 U.S.App. LEXIS 9790 (10th Cir. May 31, 2016), Op. by Circuit Judge Gorsuch).

New Vision Second Amended Complaint

U.S. vs. Life Care Centers of America, Inc. Case No. 1:08-cv-251 (E.D Tenn. Order of Sept. 29, 2014)- use of statistical sampling formulas in False Claims Act Case, et al

Court’s Opinion – Margaret Jallali v Sun Healthcare Group, et al

Initial Brief – Margaret Jallali v Sun Healthcare Group, et al

Appellee Initial Brief – Margaret Jallali v Sun Healthcare Group, et al

American Academy of Implant Dentistry Court Order

AHA v Burwell Opinion to the court 2016

AHA v Burwell Opinion to the court 2014

AHA v Burwell Original Complaint

Dr. Cruz-Pacheco-Admin Complaint and Settlement

Claypole Wrongful Death Complaint

Sanctions Order in Claypole Wrongful Death Suit

HCA Settlement Agreement-Dec 2015

U.S. ex rel. Nelson v. Sanford-Brown Limited-Seventh Circuit Opinion

U.S. ex rel. Badr v. Triple Canopy Inc.-Fourth Circuit Opinion

Young et al. v. CHS Middle East LLC-Fourth Circuit Opinion

Young et al. v. CHS Middle East LLC-Motion in Opposition

Martin v. MCHC- Complaint

U.S. ex rel. John King, et al. v. SPI- Order

Petition for Rehearing- Gun Gag Law

U.S. v Dingle – Indictment

U.S. v Bajoghli Verdict

U.S. v Bajoghli Indictment

U.S. v Bajoghli Acquittal

U.S. v Astrazeneca Pharmaceuticals

U.S. v Medco Health Solutions

U.S. v Wyeth complaint

U.S. v Marin Alliance for Medical Marijuana-Motion to Dissolve Permanent Injunction

U.S. v Marin Alliance for Medical Marijuana-Order

Healogics Inc. FCA Unsealed Complaint Redacted

Healogics Inc. FCA Complaint

Medical Marijuana Memorandum-US Attorney

Medical Marijuana Memorandum-US Department of Justice

Medical Marijuana Position Paper

Medical Marijuana Statues 2015

US ex rel Kester et al v. Novartis et all – Second Amended Complaint

Farnsworth v. HCA, Inc. final order

Farnsworth v. HCA, Inc. order

Detroit Medical Center Class Action Complaint

Rubenstein Recommended Order

Amarin Pharma v FDA Court Order and Opinion

Dong Feng Zhou v. FCNH, Inc., Case Number 6:15-cv-281-Orl-37DAB, Clerk’s Minutes

Dong Feng Zhou v. FCNH, Inc., Case Number 6:15-cv-281-Orl-37DAB, Amended Complaint-Class Action-Final

United States of America v. Anthony Innocenzi, Case Number 14-mj-01149-MJW, Indictment, December 10, 2014 (pdf)

United States of America ex rel., Krisha Turner, Crystal Dercher and Amanda Reynolds v. Hope Cancer Institute, Inc., Case Number 2:12-cv-02122-EFM-JPO, Complaint, March 1, 2012 (pdf)

United States of America v. The State of Florida, Case Number 0:13-cv-61576-RSR, Complaint, July 22, 2013 (pdf)

United States of America vs. Quest Diagnostics, Inc., Case Number 11-1565-cv, Appeal from the United States District Court for the Southern District of New York, October 25, 2013 (pdf)

United States of America vs. Christopher Gregory Wayne, Case Number 13-206912, Indictment, September 30, 2013 (pdf)

State of West Virginia Ex Rel. Jennifer A. Fillinger, R.N. v. Laura S. Rhodes, Executive Director, the West Virginia Board of Examiners for Registered Professional Nurses, 12-1055, Supreme Court of Appeal of West Virginia, Writ Granted, March 12, 2013 (pdf)

Abigail E. Hinchy v. Walgreen Co. and Audra D. Peterson, Case Number 49D10-1108-CT-029165, Verdict for Plaintiff Against All Defendants, July 26, 2013 (pdf)

Abigail E. Hinchy v. Walgreen Co. and Audra D. Peterson, Case Number 49D10-1108-CT-029165,Order Granting Walgreen’s Motion for Summary Judgment in Part and Denying in Part, November 26, 2012 (pdf)

Abigail E. Hinchy v. Walgreen Co. and Audra D. Peterson, Case Number 49D10-1108-CT-029165, Chronological Case Summary, October 11, 2011 (pdf)

Abigail E. Hinchy v. Walgreen Co. and Audra D. Peterson, Case Number 49D10-1108-CT-029165,Complaint, August 1, 2011 (pdf)

Franck’s Compounding Lab’s Motion to Transfer Actions to the Eastern District of Louisiana, Case MDL No. 2454, April 12, 2013 (pdf)

Naresh Kumar Jain, R.Ph. v. Florida Department of Health, Board of Pharmacy, Case Number 1D12-2634, Appeal in Board of Pharmacy License Revocation Case, June 10, 2013 (pdf)

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)

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

Family Medicine Lawsuits
Download format: .pdf

Pitfalls of Working in Family Medicine
Download format: .pdf

Professional Behavior for Healthcare Professionals
Download format: .pdf

Medicare and Medicaid Audits: Ready or Not Here They Come

Tips for Negotiating Physician Employment Agreements

Having a Positive Drug Test for an Un-Prescribed Medication May be Grounds for Suspension; But is it Grounds for Disciplinary Action?

Medical Staff Credentialing, Privileging and Peer Review

Download format: .pdf .ppt

TAANA 23rd Annual Meeting & Educational Conference, Concurrent Session I-A, Legal Ethics, Part 2
Download format: .ppt

TAANA 23rd Annual Meeting & Educational Conference, Concurrent Session I-A, Legal Ethics, Part 1
Download format: .ppt

The Peer Review Process: The Good, The Bad, and The Ugly-The Private Practice Physician’s View

Download format: .ppt

Chiropractors Not Allowed to Work for Clinics Owned by Non-Chiropractors in Florida, with Limited Exceptions

Avoiding Fraud and Abuse – Responsibility, Protection, Prevention
Download format: .pdf .ppt

Burden of Proof in Administrative Cases Involving Discipline of Professional Licenses

The Physician Employment Agreement – Basic Clauses and Considerations

Download formats: .pdf .rtf .ppt

Office of Inspector General Work Plan 2013: A Provider’s Overview

Patient Abandonment from the Home Health Care Law Manual
Download formats: .pdf .rtf

Florida Legal Issues Seminar to Attendees at a Healthcare Seminar Sponsored by U.S. Foods, October 9,2012
Download formats: .ppt

Problems with Obtaining Certification From the ABIM? Recommendations For Physicians and Prospective Employers

Remedies for Violation of HIPAA Privacy Rights and Medical Confidentiality

State Law Claims Involving Hip Prosthesis Preempted by the Medical Device Amendments to the FDCA

You Might Be A Disruptive Physician If… Avoiding the Disruptive Physician Label

Legal Tips for Physicians to Manage Pain Patients

RACs, ZPICs and MACs–Navigating Your Way Through The Medicare Audit Alphabet
Download formats: .ppt

Florida Department of Health Disciplinary Actions
Download formats: .pdf .rtf .ppt

Advice for Nurses Regarding Department of Health Investigations

The Corporate Practice of Medicine and Florida’s Prohibitions on the Corporate Practice of Dentistry and Optometry
Download formats: .pdf .rtf

Medicare and Medicaid Fraud and Compliance Plans
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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

At Last, a Ray of Hope for Florida Health Professionals Who Have Paid Their Debt to Society After Criminal Conviction

Recommendations for Physicians Regarding Disciplinary Action From The ABIM

Do Not Voluntarily Relinquish or Give Up Your License or Allow It to Expire While Under Investigation or While Pending Disciplinary Action

Have You Received a Notice of Termination of Your Medicare Number?

Objections to Subpoenas Issued by the Florida Department of Health
and the Florida Agency for Health Care Administration

The Basics of Physician Depositions
Download formats: .pdf .rtf .ppt

Nursing Professionals Cannot Afford Not to Carry Malpractice Insurance

20 Tips for Physicians Negotiating Their Own Employment Contracts

What are the Differences Among a Home Health Agency, a Nurse Registry, and a Homemaker and Companion Services Provider in Florida?
For a chart that shows a detailed comparison of each type of organization: click here

National Practitioner Data Bank (NPDB) Update

Recent Changes to Florida’s Pain Management Laws (2011-2012)

The Physician Employment Agreement
Download formats: .pdf .rtf .ppt

Common Problems That Slow Up an Application for a Medical License or Other Health Professional License in Florida

Avoiding the “Disruptive Physician” Label

Attention Pain Management Clinics

Winning the Fight Against Prescription Drug Abuse
Message from the Chairman of the Florida Board of Medicine – May 2011
Download formats: .pdf

Doctor or Nurse, Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator

Agency for Health Care Administration (AHCA)
Employment Disqualifications and Background Screens

Submission of “Certificate of Completeness of Medical Records”:
In Florida Department of Health (DOH) Investigation

Responding to a Medicare Audit – Practice Tips

The Implications of Treating Employees as Independent Contractors
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.

Contact Information for State Boards of Nursing in the U.S.
Download formats: .pdf .rtf

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
Download formats: .pdf .rtf

The Collateral Effects of a Criminal Case on a Health Care Licensee
Download formats: .pdf .rtf .ppt

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.)
Download formats: .pdf .rtf

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
Download formats: .pdf .rtf

Board Certification for Lawyers: What Does It Mean?
Download formats: .pdf .rtf

Actual Agency Documents

Exemptions for Employment Disqualification for Health Professionals

Documents

Class Action Complaint: John Bozek on behalf and all others similarly situated v. President & Fellows of Harvard College and Cedric Lodge

Class Action Complaint: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA West Palm Beach Division – Plaintiff(s) v. HEALTH CAREER INSTITUTE LLC (dba HCI COLLEGE)

2023 Agenda for the Florida Commission on Independent Education

“Operation Nightingale” Phony Nursing School Scam Federal Criminal Indictment

PRESS RELEASE: THE ARIZONA STATE BOARD OF NURSING & OPERATION NIGHTINGALE

2023 OIG Operation Nightingale Enforcement Action

Operation Nightingale: Department of Justice Press Release – The United States Attorney’s Office Southern District of Florida – “Fraudulent Nursing Diploma Scheme Leads to Federal Charges Against 25 Defendants”

DOH Letter: Operation Nightingale

Operation Nightingale: Statement from the National Council of the State Boards of Nursing

Operation Nightingale: Texas Board of Nursing Press Release – Florida Commission for Independent Education Suspends Schools

E-Book: Tips On Answering Allegations of “Irregular Behavior” For USMLE Step Exams

Example of DEA Subpoena

Example of National Practitioner Data Bank (NPDB) Void Report

Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling Telehealth Guidelines

FREQUENTLY ASKED QUESTIONS CONCERNING THE INVESTIGATION OF THE COMPLAINT AGAINST YOUR LICENSE BY COLORADO DORA

The Effect of Exclusion From Participation in Federal Health Care Programs

Changes to the Florida Patient Brokering Act – (42 U.S.C. Section 1320a-7b(b).

Changes to the Florida Patient Brokering Act – State v. Kigar.

Changes to the Florida Patient Brokering Act – FL Senate Bill 1120.

Changes to the Florida Patient Brokering Act – Fla. Stat. § 817.505. Patient brokering prohibited; exceptions; penalties.

CDC Guidance for Dental Settings During the COVID-19 Response

Interim U.S. Guidance for Risk Assessment and Work Restrictions for Healthcare Personnel with Potential Exposure to COVID-19

State of Florida Department of Health (DOH) Emergency Order 20-006

The American Association of Nurse Attorneys (TAANA) COVID-19 Position Paper

World Health Organization Coronavirus COVID-19 Outbreak: Occupational Disease

CERTIFICATION BY EMPLOYEE OR CONTRACTOR REGARDING ABSENCE OF EXCLUSION, DEBARMENT, SUSPENSION OR INELIGIBILITY- Example Form

ACGME Maximum 80 Hour Per Week Requirement for GME Programs

Title 10 New York Codes, Rules, and Regulations Section 405 (10 NYCRR Sect. 405.4) (New York hospital regulations prohibiting resident and fellowship physicians from working more than 80 hours per week)

CMS Proposed Payment Provisions for Physician Fee Schedule 2019

U.S. Food and Drug Administration (FDA) Draft Guidance – Indications and Usage Section of Labeling for Human Prescription Drug and Biological Products

2018 National Healthcare Fraud Takedown

CMS Memorandum, No. S&C 18-10-ALL, dated Dec. 28, 2017 (Subject: “Texting of Patient Information among Healthcare Providers”)

Seven Things To Know When You Receive A Notice Of Investigation From The Department Of Health

U.S. Department of Justice (DOJ) Memo on Fraudulent Billing Policy Views

George F. Indest Orange County Service Disabled Veteran Owned Business Certificate

George F. Indest NALFA Certificate in Reasonable Attorney Fees

VA OIG Report

Michael L. Smith Board Recertification Certificate

George F. Indest, III Board Recertification Certificate

Correspondence from PRN to Health Law Section

OIG Work Plan 2016

OIG Report on Questionable Billing for Ophthalmology (pdf)

Choosing Wisely, an Initiative of the ABIM Foundation, Master List of Unnecessary Tests and Procedures

Florida Department of Health Complaint/Investigation Process, 8 23, 2013 (pdf)

Settlement Agreement Between United States Department of Health and Human Services, Office for Civil Rights and Shasta Regional Medical Center, HIPAA Violation, June 6, 2013 (pdf)

Technical Corrections to the HIPAA Privacy, Security, and Enforcement Rules, June 7, 2013 (pdf)

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

Amanda Dittman and Charlotte Elenberger M.D. v. Adventist Health System/Sunbelt, Inc. False Claims Act complaint

Decision in California Society of Anesthesiologist v. California Association of Nurse Anesthetists finding that Certified Registered Nurse Anesthetists (CRNAs) are allowed to administer anesthesia without the supervision of a physician (pdf)

Decision in Colorado Medical Society v. John Hickenlooper and Colorado Association of Nurse Anesthetist, Colorado Nurse Association and Colorado Hospital Association finding that Certified Registered Nurse Anesthetists (CRNAs) are allowed to administer anesthesia without the supervision of a physician (pdf)

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

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

Example of a Letter from the Florida Department of Health (DOH) Providing a Physician with a Voluntary Relinquishment Form and the Consequences of Voluntary License Relinquishment (pdf)

Sample Letter from the Office of Personnel Management (OPM), Office of the Inspector General (OIG), Proposing Debarment from Participating in Federal Employees Health Benefits Program (FEHB), Based on an Exclusion by the Department of Health and Human Services (DHHS) from Participating in Medicare and Medicaid (pdf)

Sample Letter from the U.S. Department of Health and Human Services (DHHS), Office of the Inspector General (OIG), Excluding a Health Professional from Participation in Medicare, Medicaid and Federal Health Programs due to a Criminal Conviction (pdf)

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 this

Cardinal 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)

Example of a Letter from the Office of the Inspector General (OIG) granting a request for reinstatement to the Medicare Program after exclusion and placement removal from the List of Excluded Individuals and Entities (LEIE) (pdf)

Example of a Letter from the Florida Agency for Healthcare Administration (AHCA) regarding a Medicaid audit report with findings of no evidence of overpayment(pdf)

Example of a Letter from the United States Medical Licensing Examination (USMLE) granting a request for a former Optima University review course participant to appear before the USMLE Committee on Score Validity and providing information about the student’s USMLE exam history given to the Committee (pdf)

National Board of Medical Examiners (NBME) & Federation of State Medical Boards (FSMB) v. Optima University, LLC – Complaint for Damages and Injunctive Relief (pdf)

American Board of Internal Medicine (ABIM) V. Arora
Motion for a Temporary Restraining Order and its supporting Memorandum of Law (pdf)

American Board of Internal Medicine (ABIM) V. Arora Complaint (pdf)

Seminole County Medical Society Seminars/Handouts

August 2014

May 2014

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February 2014
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November 2013
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September 2013
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May 2011
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November 2010
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September 2010
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February 2010
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November 2009
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