The Health Law Blog

Latest Posts

Federal Agents Charge 25 Individuals in Fake Nursing Diploma Scheme in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 25, 2023, the U.S. Department of Health and Human Services Office of Inspector General HHS-OIG launched a multi-state coordinated law enforcement action to apprehend individuals engaged in a scheme to sell false and fraudulent nursing degree diplomas and transcripts. The enforcement action resulted in the execution of search warrants in Delaware, New York, New Jersey, Texas, and Florida. 25 ...

Read More
2/3/2023 Comments(0)

FTC Proposes Rule to Ban Noncompetition Clauses in Employer Agreements

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a precedent setting move, on January 5, 2023, the Federal Trade Commission FTC proposed a new rule that would ban noncompetition clauses in employment agreements as an unfair method of competition. According to the FTC, noncompetition agreements also referred to as restrictive covenants, covenants-not-to-compete, and noncompetes , are widely used, especially in the health care industry, and suppress...

Read More
2/2/2023 Comments(0)

Florida Judge Awards Nearly $31 Million in Fees For Customers in Contact Lens Price-Fixing Litigation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 12, 2022, a federal judge in Florida awarded nearly $31 million in attorney expenses and fees for customers who sued Alcon Vision LLC, Johnson & Johnson Vision Care Inc., and other companies involved in the multi-district litigation. The order issued by U.S. District Judge Harvey E. Schlesinger followed a fairness hearing conducted in the Middle District of Florida in Jacksonville. It al...

Read More
1/24/2023 Comments(0)

Is the DEA Knocking on Your Door? What You Need to Know Right Now!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Is the Drug Enforcement Administration DEA knocking at your door or, even worse, going through your files inside your office? This is what you need to know right now! YES, you do have the right to call your attorney. Call your attorney right now. If you cannot, ask one of your employees or spouse to call your attorney. Get your attorney involved right now! NO, do not sign a document to relinquish or vo...

Read More
12/16/2022 Comments(0)

Florida EHR Vendor Pays $45 Million in Whistleblower Case Alleging Kickbacks, FCA Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 1, 2022, the Department of Justice DOJ announced that a Florida electronic health record EHR vendor would pay $45 million to resolve claims that it violated the False Claims Act FCA and Anti-Kickback Statute AKS . The Justice Department alleges that Modernizing Medicine, Inc. ModMed accepted and provided unlawful compensation in exchange for referrals and by causing its users to report inac...

Read More
12/7/2022 Comments(0)

Supreme Court To Review Scope of Identity Theft in Medicaid Fraud Case

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 10, 2022, the U.S. Supreme Court announced that it would weigh in on what it means to commit identity theft. In the case the Supreme Court accepted for review, the petitioner, a managing partner at a psychological services company, was convicted of Medicaid fraud in Texas in 2013. As the dispute comes to the Supreme Court, he's challenging a separate conviction under federal law that makes ...

Read More
12/6/2022 Comments(0)

How to Find the Right Attorney for Your Irregular Behavior Case Before the USMLE or ECFMG

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you have received a letter from the United States Medical Licensing Examination USMLE Secretariat or the Educational Commission for Foreign Medical Graduates ECFMG accusing you of "irregular behavior," this is very serious stuff. You need an experienced lawyer to assist you. But how do you find one? This blog will provide several tips on how to locate an experienced effective attorney who will reall...

Read More
11/22/2022 Comments(0)

When the DEA Comes Knocking: 15 Tips To Remember For a "Routine" DEA Inspection

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As the United States continues to open back up from the COVID-19 shutdown, the Drug Enforcement Agency DEA is resuming on-site routine inspections. Therefore, health care professionals must ensure compliance and regulatory efforts are in place. This is part 1 of a 2 part blog series. Check back for part 2 of this blog series soon! DEA Inspections and Site Visits: Subpoenas. DEA agents are often pushy, ...

Read More
11/12/2022 Comments(0)

Centene Reaches $166 Million Settlement With Texas Over Its Medicaid Drug Pricing

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The nation's largest Medicaid insurer, Centene, has agreed to pay $165.6 million to Texas to resolve claims that it overcharged the state’s Medicaid program for pharmacy services. The deal was signed July 11, 2022 but hadn’t been publicly announced until September 19, 2022. The agreement makes Texas at least the 12th state to settle pharmacy billing claims with St. Louis-based Centene. It&#...

Read More
11/8/2022 Comments(0)

Florida Nurse Wins Reversal of Board's Revocation of License; "Due Process Rights Violated" Says Court of Appeal

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 22, 2022, Florida's First District Court of Appeal reversed a final administrative order from the Board of Nursing, saying that the state agencies engaged in a game of bait and switch" when revoking a Florida nurse's license. As a result, the discipline imposed on the nurse, revocation of her nursing license, is reversed. The appeals court said that the Florida Board of Nursing violated th...

Read More
11/2/2022 Comments(0)