The Health Law Blog

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Nursing Student Files Lawsuit Claiming Sexual Harassment, Retaliation Against University of North Carolina

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 29, 2019, a former University of North Carolina nursing student sued the school’s Greensboro campus, saying it improperly dismissed from her a program a month before graduation. She filed two separate suits. She claims she was forced to endure sexual harassment as a student for years. Then, when she accused a supervisor of misconduct, she was gradually pushed out of the nursing pr...

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2/5/2020 Comments(0)

You May Be a "Disruptive Physician" If . . . Take this Quick and Easy Quiz to See If You Might Be a "Disruptive Physician"

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I often have consultations with and represent physicians from across the country who are in trouble with their hospital medical staff or their licensing board because a complaint has been filed against them alleging they are a "disruptive physician." This is often the result of an alienated member of the nursing staff or even an economic competitor trying to make trouble for or get rid of the physician...

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2/4/2020 Comments(0)

Recommendations for the Subject of a Peer Review Hearing

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This blog is focused on clinical privileges and aims to provide recommendations on the peer review process. Due Process Rights. You must ensure that your medical staff bylaws contain true "due process" rights for accused physicians. You should attempt to have state legislation passed that requires all hospitals to afford physicians certain due process rights in peer review proceeding similar to what Ca...

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1/30/2020 Comments(0)

Healthcare Professionals: You Must Challenge Overpayment Demands from Medicare and Medicaid Audits

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We have gotten calls from healthcare professionals, including physicians, dentists, pharmacists, mental health counselors, and assisted living facilities ALFs who have been placed on prepayment review after failing to challenge Medicare or Medicaid audit results. Once placed on prepayment review, the payments are held up for many months. Some providers are even forced out of business as a result. Faili...

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1/30/2020 Comments(0)

Got a Letter From the United States Medical Licensing Examination (USMLE) Secretariat Accusing You of Irregular Behavior on the November 2019 Step 2 CS Exam? You Need Legal Help!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Have you recently 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? We have recently been made aware of letters being sent out in January to a number of those who took the Step 2 CS Exam in Houston. Allegations are being made that some of the test takers and we un...

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1/18/2020 Comments(0)

ADA Files Class Action Lawsuit Against Delta Dental For Antitrust Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 26, 2019, the American Dental Association ADA and two individual dentists filed a class-action lawsuit against the Delta Dental Plans Association, its affiliated national entities, and 39 independent Delta Dental companies. The suit alleges the provider network engaged in anticompetitive conduct and violated federal antitrust laws. The ADA filed its lawsuit in the U.S. District Court for th...

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1/7/2020 Comments(0)

How Can I Be Sure I Do Not Have Any Employees or Contractors Who Are on Medicare's Exclusion List?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are often consulted by companies in the health care industry and by health professionals after they receive a subpoena or audit regarding their employing or contracting with an individual or business that is on the Office of the Inspector General's OIG's List of Excluded Individuals and Entities LEIE , who are prohibited from contracting with Medicare. This can cause devastating consequences since t...

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1/1/2020 Comments(0)

Hospital Countersues FCA Whistleblower for Failing to Report Information to Company First

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 13, 2019, a West Virginia hospital facing a whistleblower lawsuit countersued a former employee who filed the False Claims Act FCA lawsuit against the health system. Wheeling Hospital alleges that the former executive, who is the whistleblower/relator in the lawsuit, breached his fiduciary duty to the company by failing to report the unlawful conduct internally, first. Instead, he used the inf...

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12/31/2019 Comments(0)

Looking Back at 2019's Largest Healthcare Fraud Case Ever Prosecuted: Surprise! No Surprise, Florida Wins!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making Florida, once again, the leader in fakes and frauds. Often joked and written about by Florida novelists such as Carl Hiassin and Tim Dorsey, this case serves to highlight why t...

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12/30/2019 Comments(0)

OIG Exclusion or Medicare, Medicaid Termination Can Ruin Your Professional Career

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Healthcare professionals: Have you ever had discipline on your professional license during your career? Have you ever been assessed a repayment or fine by Medicare or Medicaid Programs or had your participation in that program terminated or suspended? Have you ever been convicted or pleaded nolo contendere or had adjudication withheld for a criminal offense? If so, then you may have also been terminate...

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12/23/2019 Comments(0)