The Health Law Blog

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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 Our firm has been involved in defending nurses and nursing students who have been caught up as victims in the Federal Bureau of Investigations FBI Operation Nightingale case. Thousands of nurses were preyed on and victimized by the owners and operators of businesses around the country who were, apparently, associated with and fed students and money to, the ones operating in Florida. I recently wrote a ...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm My firm has recently seen a significant increase in the number of investigations opened by state licensing boards over videos and even still photographs posted on social media or shared in chat rooms and listservs. Unless you have a full-time public relations specialist who is also familiar with the rules, regulations, and laws governing your professio...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A recent announcement by the Washington State Nursing Care Quality Assurance Commission NCQAC , now known as the Washington State Board of Nursing, has listed 19 Florida schools that it states are or were involved in the fraudulent scheme investigated by the Federal Bureau of Investigation FBI as "Operation Nightingale." What Are the Names of the 19 Phony Florida Nursing Schools? The 19 schools that NC...

By Michelle E. Missigman, J.D. For corporate health care providers involved in a civil health care fraud or abuse investigation, the corporation may be required to enter into a Corporate Integrity Agreement CIA with the U.S. Department of Health and Human Services HHS , Office of Inspector General OIG to settle the case. This is an agreement with significant legal implications that requires serious scrutiny and must be followed to the letter. What Is a Corporate Integrity Agreement? A CIA is a d...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a physician, nurse practitioner, psychologist, clinical pharmacist, oral surgeon, ophthalmologist, or other licensed health professional with clinical privileges in a hospital, chances are that one day you will be subject to a peer review action or investigation. It may be a simple one-time matter based on a patient complaint or adverse outcome, or it may be a lengthy process involving a lar...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 10, 2023, a female scientist in the anesthesiology department at Duke University's School of Medicine filed a complaint against the school under Title VII and the Equal Pay Act. She told the U.S. District Court for the Middle District of North Carolina that Duke paid her less than her male colleagues, increased her hours without increasing her pay, and threatened her with demotions after she ...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I have news for you: You need professional liability insurance! But you only need the kind that includes professional liability insurance coverage, and in amount of $25,000 or more. Are you a traveling nurse? Are you a nurse who works for a hospital or nursing home? Are you a nurse who works in a doctor's office? Are you the nurse who is going to tell me: "I think I have insurance coverage through my e...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm On July 11, 2023, the United States District Court for the Eastern District of Kentucky allowed a doctor to move forward with one of his defamation claims against the university's provost for allegations made to support his termination. A medical doctor and oral surgeon at the University of Kentucky UK sued the university and university officials on mu...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Health Law Firm has a number of experienced health law attorneys who are available as experts to provide opinions and testify as expert witnesses and to speak with newspaper and other media reporters and representatives on various issues, providing background, color, information and quotes. These attorneys include: -George F. Indest III, J.D., M.P.A., LL.M., board certified in the legal specialty o...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm On July 1, 2023, an amendment to the Florida Electronic Health Records Exchange Act went into effect that prohibits any storage of health care data outside the continental United States, United States territories, or Canada. The amendment came from Florida Senate Bill 645, signed into law by the Governor on May 8, 2023, concerning the interests of fore...