The Health Law Blog

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Recent Legislative Change Fixes Florida Patient Brokering Act

By Amanda I. Forbes, J.D. A new act SB 1120 was recently passed by the Florida Senate and enacted on June 18, 2020, with an effective date of July 1, 2020. SB1120 restored the Florida Patient Brokering Act to its original wording to correct a big glitch made when the Legislature previously amended it. On June 27, 2019, there was an amendment enacted by the Florida Legislature that changed the Florida Patient Brokering Act, Section 817.505, Florida Statutes. It became effective on July 1, 2019. T...

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9/3/2020 Comments(0)

U.S. Court of Appeals Rejects Florida Eye Doctor's Request for New Medicare Fraud Trial

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 31, 2020, a panel of judges of the U.S. Eleventh Circuit Court of Appeals in Atlanta upheld a 17-year long prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge appeal panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his 2017 criminal trial. It upheld the doctor's conviction on all 67 counts, deemed the 17-year-sentence to b...

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8/31/2020 Comments(0)

How an American Board of Internal Medicine Policy is Robbing America of Qualified Physicians

By Achal A. Aggarwal, M.B.A., J.D. In July 2012, the American Board of Internal Medicine "ABIM" implemented a policy change placing limits on how long a physician could be considered "board eligible." This policy nearly ended the ability of many otherwise qualified physicians to become certified in internal medicine. In many cases, this also caused them to lose hospital clinical privileges or to not qualify for them. Board eligibility and board certification are big deals in the medical communit...

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8/28/2020 Comments(0)

Dentists, What If You or Someone on Your Staff Tests Positive for COVID-19?

By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law You or a member of your staff has a confirmed case of COVID-19. What now? Your primary concern is for the individual affected. However, as a health professional operating a professional practice, you also have a duty to your employees and to your other patients. You have to be concerned about any patients with whom your infected staff might have had contact. These s...

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8/11/2020 Comments(0)

Florida Defends Medical Marijuana Law in High-Stakes State Supreme Court Battle

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 6, 2020, in a highly-important case for the medical marijuana industry in Florida, the state defended its regulatory framework before the Florida supreme court. The case focuses on whether Florida has properly carried out a 2016 constitutional amendment that broadly legalized medical marijuana for patients. The Florida Department of Health DOH argues that there is no conflict between the voter-a...

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8/6/2020 Comments(0)

Florida Oncology Practice Reaches $100 Million Deal With DOJ in Antitrust Probe

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 30, 2020, the U.S. Department of Justice DOJ announced that a major Florida oncology group will pay $100 million to resolve a criminal charge that it conspired with competitors to divvy up cancer treatments in the area. This marks the first settlement in an ongoing oncology market allocation probe against Florida Cancer Specialists & Research Institute LLC FCS . The Details of the Antitrus...

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7/29/2020 Comments(0)

University of Florida Rescinds Offer Made to Student Due to Racist Social Media Post

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law On June 8, 2020, the University of Florida UF announced via Twitter that a prospective student, who posted a racist message on social media, would not be admitted to attend the school in the fall. In effect, the school withdrew its offer to admit the prospective student. UF spokesman Steve Orlando says the university received multiple e-mails regarding its post of these facts. As a result of the investigation, the studen...

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7/27/2020 Comments(0)

Doctor, You Might Need A Home Medical Equipment Provider License, If . . .

By Michael L. Smith, J.D., R.R.T. Board Certified by The Florida Bar in Health Law Physicians frequently utilize electrostimulation or transcutaneous electrical nerve stimulation TENS units, and other medical equipment in the course of their practice. Most often the physician or the practice bills the patient or the patient's insurance for the medical equipment. Unfortunately, some physicians do not know that a special Home Medical Equipment Provider HMEP license may be required in Florida in or...

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7/21/2020 Comments(0)

How to Find an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many nurses, nurse practitioners and certified registered nurse anesthetists CRNAs carry professional malpractice insurance through the Nurses Service Organization NSO or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not realize, however, is that such insurance provides many added benefits, other than just coverage on nursing l...

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7/6/2020 Comments(0)

Federal Judge Orders Colorado Board of Pharmacy to Give Patient Identifying Data to DEA

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 22, 2020, a federal judge ordered the Colorado Board of Pharmacy to give the U.S. Drug Enforcement Administration DEA prescription drug monitoring program data on two pharmacies that the DEA is investigating. The data includes patient identifying information of more than 14,000 patients. The state must turn over the data by May 15, 2020, according to the order. Pharmacy Audits & Investigat...

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6/24/2020 Comments(0)