The Health Law Blog

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Colorado Judge Says Board of Pharmacy Must Hand Over 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 Investigations and Audi...

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1/19/2021 Comments(0)

Certifying Emotional Support Animals and Protecting Your License, Part 1 of 2

By Amanda I. Forbes, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law In today's stress-filed world if you are a mental health counselor or other professional counselor, it is likely that you will encounter a client seeking to obtain an Emotional Support Animal ESA designation letter from you. Providing such a letter may cause you to face complaints, licensing, and disciplinary actions driven by hostile landlords, homeowners associations, and business establishm...

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1/18/2021 Comments(0)

Two Non-physician Pill Mill Owners in Florida Sentenced To Prison For Illegal Distribution Of Opioids

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 7, 2020, two owners of a medical practice in Tampa, Florida, were sentenced to federal prison time for their roles in the illegal distribution of opioids. U.S. District Judge Mary S. Scriven sentenced Ernest Gonzalez to 46 months and Rosa Colon to 24 months in federal prison for conspiracy to distribute and dispense controlled substances for no legitimate medical purpose. Plot to Illegally D...

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12/29/2020 Comments(0)

Yale University to Pay $87,500 For Alleged Pay Discrimination Against Female Doctors

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Yale University agreed to pay $87,500 to resolve discrimination allegations with the U.S. Department of Labor. The discrimination alleged that the Ivy League school paid four women cardiologists significantly less than their male colleagues from October 2016 to September 2017. While not admitting the allegations, the university agreed to the settlement which will reportedly cover the difference in pay ...

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12/29/2020 Comments(0)

Senate Republicans Introduce Comprehensive New Data Privacy Legislation: The SAFE DATA Act

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 17, 2020, Republican members of the Senate Commerce Committee introduced sweeping federal privacy legislation. The proposed law is called the Setting an American Framework to Ensure Data Access, Transparency, and Accountability SAFE DATA Act. The Act is a combination of bills previously introduced in the Senate: the Consumer Data Protection Act, Filter Bubble Transparency Act, and the ...

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12/16/2020 Comments(0)

Two Administrators Charged Over Handling of Deadly Virus Outbreak at Veterans Home

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law On September 25, 2020, two administrators at a Massachusetts veterans home were criminally charged with negligence for their role in a COVID-19 outbreak that killed 76 veterans. Attorney General AG Maura Healey reportedly stated that the criminal case involving Soldiers' Home in Holyoke SHH is the first in the country against nursing home operators related to the pandemic. Mishandling of the Coronavirus Outbreak. The sup...

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12/16/2020 Comments(0)

OSHA Issues Citations to Health Care Systems Over COVID-19 PPE Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration OSHA issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with the appropriate personal protective equipment PPE during the coronavirus pandemic. OSHA has proposed $13,494 in penalties, the maximum all...

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12/9/2020 Comments(0)

HHS Announces Change to Regulatory Process: Secretary Must Sign All Agency Rulemaking

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a September 15, 2020 memorandum, the current Secretary of the U.S. Department of Health and Human Services HHS , Alex Azar, barred the 0Food and Drug Administration FDA and other federal health agencies under his authority from independently enacting any new federal regulations. The memo establishes that the Secretary must sign all agency rulemaking. This new policy affects all rules coming from all...

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12/7/2020 Comments(0)

What Foreign Medical Graduates Need to Know Before Transferring Medical Schools

By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law When medical school graduates who graduated from a medical school outside of the United States want to practice medicine in the United States, they register with the Educational Commission for Foreign Medical Graduates "ECFMG" . The ECFMG issues certificates to foreign medical graduates to register for and take the United States Medical Licensing Examination "USM...

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11/30/2020 Comments(0)

Veterans Urge Federal Court To Hear Case Challenging DEA Marijuana Classification

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 1, 2020, military veterans urged the U.S. Ninth Circuit Court of Appeals to reconsider the U.S. Drug Enforcement Administration's DEA restrictive marijuana classification. The Iraq and Afghanistan Veterans of America IAVA said in an amicus curiae friend of the court brief that designating the drug a highly controlled substance has impeded medical research that could save lives. Marijuana Cla...

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11/20/2020 Comments(0)