The Health Law Blog

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So, the ZPIC Medicare Auditor Wants to Talk to You? Now What?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law You are a physician, nurse or other health care provider who bills Medicare. You have received that dreaded letter from the Zone Program Integrity Contractor ZPIC for Medicare advising you that it is auditing you for the Centers for Medicare and Medicaid Services CMS . You know that the words Program Integrity by themselves mean that possible fraud is being investigated, at least that is the suspicion ...

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5/21/2019 Comments(0)

Supreme Court Urged To Hear Military Members Medical Malpractice Suits

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 22, 2019, the widower of a naval officer who died four months after childbirth, urged the U.S. Supreme Court to loosen a long-standing precedent known as the Feres doctrine. The doctrine prevents active duty military service members from suing the government in court for injuries that are "incident to military service." It applies to all types of tort injuries but medical malpractice cases by ...

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5/14/2019 Comments(0)

Doctors Beware: Genetic Testing Scams Rip off Government Payers for Hundreds of Millions - Part 2 of 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physicians, nurse practitioners and other health care professionals need to be aware of the genetic testing scams that are being used. These scams are used to rip off government funded programs by millions of dollars. This two part blog series aims to warn doctors and other health professionals of the dangers they may face from inadvertently becoming involved in one of these schemes to defraud insurers...

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5/9/2019 Comments(0)

Repercussions of Clinical Research Fraud and Misconduct that Healthcare Professionals Need to Know

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Medical and clinical researchers spend many years and countless hours of research on clinical trials and investigations in hopes of contributing to their respective fields. Unfortunately, many also find themselves defending their reputation after being accused of clinical research fraud or research misconduct. The Number of Complaints is Steadily Increasing. Although accusations of research fraud and m...

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5/9/2019 Comments(0)

Healthcare Professionals: Please, Please, Please Do NOT Talk to a Department of Health Investigator!

By George F. Indest III, J.D. , M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Whether you are a nurse, physician, pharmacist or dentist, I beseech you: please do not talk to a Department of Health DOH investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with...

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5/7/2019 Comments(0)

Doctors Beware: Genetic Testing Scams Rip off Government Payers for Hundreds of Millions - Part 1 of 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Several genetic testing companies have come into the spotlight for allegations of ripping off Medicare and False Claims Act FCA violations. Health care professionals need to be aware of these types of schemes and the dangers they may face if involved. In each of these cases, the companies agreed to a pay a settlement in the millions to resolve allegations they submitted claims for unnecessary genetic t...

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4/24/2019 Comments(0)

Many Types of Actions can result in Allegations of Irregular Conduct, Irregular Behavior or Unprofessional Conduct by NBOME, NBME, USMLE, or ECFMG (Part 1 of a 3 Part series)

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In the past, I have written many blogs on allegations of irregular behavior being brought against medical students, foreign medical graduates and others applying to take examinations to qualify for a medical license in the United States. These have previously focused on charges made by the United States Medical Licensing Examination USMLE Secretariat an affiliate of the National Board of Medical Examin...

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4/17/2019 Comments(0)

Florida Governor’s Prescription Foreign Drug Importation Plan Gains House Support

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 12, 2019, the Florida House of Representatives' Health Quality Subcommittee voted 15 to 2 to approve House Bill 19 HB 19 that would implement one of Florida Gov. Ron DeSantis’ recently announced health care proposals. In February 2019, the new Florida governor, who was criticized for not having a health care platform while he campaigned, announced the proposal that Florida start importin...

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4/8/2019 Comments(0)

Florida Eye Doctors Agree to Pay Over $157,000 To Settle FCA Allegations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 5, 2019, two Lake County, Florida, ophthalmologists agreed to a six-figure payment for improperly billing Medicare for eyelid repair surgeries, the U.S. Attorney’s Office announced. The pair operates Fishman & Sheridan eyeCare Specialists, and will pay $157,312.12 to resolve allegations they violated the False Claims Act FCA , according to prosecutors, according to the government....

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3/27/2019 Comments(0)

Judge Rules DEA Had Probable Cause to Arrest Doctor for Overprescribing Despite His Acquittal (Part 3 of 5 Part Series)

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Please Note: This is part three of five in a blog series about opioid prescribing practices. Click here to read part one and part two . On March 8, 2019, an Indiana federal district court judge ruled in a civil law suit that the Drug Enforcement Administration DEA had probable cause to arrest a doctor and his staff for allegedly overprescribing despite being acquitted at trial. The doctor and his staff...

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3/25/2019 Comments(0)