The Health Law Blog

Latest Posts

Virginia Doctor Sentenced to 40 Years in Prison For Illegally Prescribing More Than Half a Million Opioid Pills

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 2, 2019, a Virginia physician received a 40-year prison sentence for illegally prescribing more than half a million opioid pills over 19 months. The U.S. District Court for the Western District of Virginia handed down the sentence to Joel Smithers, who was reported to have operated a pill mill out of Virginia, according to authorities. In addition to prison time, he was given an $86,000 fine...

Read More
12/5/2019 Comments(0)

Psychiatric Hospital in Florida Accused of Cashing in on it's Baker Act Patients

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In September 2019, a report on an investigation by The Tampa Bay Times stated that a North Tampa psychiatric hospital might be more harmful than helpful to its patients. The Tampa Bay Times claimed the health facility exploited patients held under the state’s mental health law known as the Baker Act. The Baker Act allows the involuntary confinement of a person in a mental health facility for a li...

Read More
12/5/2019 Comments(0)

New York Eye Doctor Arrested for $8 Million Medicare Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 22, 2019, the United States Attorney for the Southern District of New York Announced the indictment and arrest of an ophthalmologist for healthcare fraud. According to federal prosecutors, the eye doctor billed patients and insurance companies for millions of dollars for surgeries that he never performed from 2010 to 2017. Prosecutors also announced that they will sue his practice, The Eye ...

Read More
11/25/2019 Comments(0)

Florida’s New E-Prescribing Law and What It Means For You

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 2019, Florida’s Governor Ron DeSantis signed House Bill 831 2019 , Electronic Prescribing, into law. The new bill provides important requirements for prescribers to generate and transmit all prescriptions electronically upon their license renewal or by July 1, 2021, whichever is earlier. The bill will go into effect on January 1, 2020. Summary of New Law, HB 831. The new law applies to any hea...

Read More
11/22/2019 Comments(0)

Are You Thinking About Contacting the PRN or IPN Programs? Read This First!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physicians, dentists, nurses, and other health professionals, accused of wrongdoing, may be referred to or receive recommendations from colleagues to refer themselves to the Professionals Resource Network PRN or the Intervention Project for Nurses IPN . This is often done by someone who has little to no knowledge about these programs or what they require. An individual who does this may find himself or...

Read More
11/12/2019 Comments(0)

Are You Under Review? Here’s What You Need to Know About Clinical Privileges Hearings

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The term "fair hearing" is used by different individuals and different organizations to refer to an administrative hearing or a private hearing in a hospital or professional association. There are a number of different types of proceedings that are often referred to as "fair hearings," including clinical privileges or peer review hearings, which allow a physician who has had his or her clinical pri...

Read More
11/11/2019 Comments(0)

12 Tips on Protecting Your Rights and Defending Yourself Against Irregular Behavior Charges from the USMLE

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are one of those unlucky individuals who have been accused of irregular behavior by the United States Medical Licensing Examination USMLE Secretariat, then it is extremely important for you to know this information. USMLE hearings on irregular behavior are almost always held in Philadelphia, Pennsylvania, before a large committee the committee on individual review or "CIR," appointed to hear suc...

Read More
11/7/2019 Comments(0)

HHS Issues Two Proposed Rules to Reform Stark Law and AKS Regulations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 9, 2019, the Centers for Medicare & Medicaid Services CMS and the Department of Health and Human Services HHS Office of Inspector General OIG issued two proposed rules to reform the federal Stark Law dealing with prohibited self-referrals and Anti-Kickback Statute AKS addressing giving or receiving any thing of value in exchange for a patient referral regulations. The long-awaited propos...

Read More
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 11/6/2019 Comments(0)

Florida Doctor Charged Criminally in $2.1 Billion Medicare Fraud Scheme Involving Genetic Tests; Largest Medicare Fraud Scheme Ever

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 1, 2019, a Florida doctor was implicated in what federal investigators say is one of the largest health care fraud schemes ever charged. According to prosecutors, the doctor allegedly authorized genetic testing for patients he never met, in a state where he’s not licensed to practice medicine. The vast fraud scheme totaled $2.1 billion worth of false Medicare and Medicaid claims betwee...

Read More
10/31/2019 Comments(0)

Florida Compounding Pharmacy Agrees to $21 Million Settlement in FCA Kickback Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 19, 2019, a Florida compounding pharmacy reached a $21.4 million settlement with the U.S. Department of Justice DOJ in the Southern District of Florida to resolve claims they orchestrated a $70 million kickback scheme. Diabetic Care Rx LLC, which does business as Patient Care America, and private equity firm Riordan Lewis & Haden Inc. agreed to pay to bring the False Claims Act FCA law...

Read More
10/14/2019 Comments(0)