The Health Law Blog

Latest Posts

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...

Read More
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...

Read More
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...

Read More
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...

Read More
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...

Read More
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...

Read More
12/23/2019 Comments(0)

Lasting Effects of Voluntary Relinquishment, Investigation and Discipline on Your Medical License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many healthcare professionals are unaware of the negative long-term effects that discipline could have on their medical license. This includes submitting a voluntary relinquishment of the license while there is an open investigation or pending charges. A voluntary relinquishment of the license after notice of an investigation or while a charge is pending is treated the same as a disciplinary revocation...

Read More
12/19/2019 Comments(0)

Many Physicians Lose "Board Eligible" Credentials with ABIM Because of Application Time Requirements

By Achal A. Aggarwal J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In the past few months, we have been contacted by numerous physicians who had completed residency programs in internal medicine and only recently discovered that their time has now expired to become board certified. ABIM usually considers all internal medicine and subspecialist physicians who had met the standards for Board Certification in general internal medicine or any of...

Read More
12/17/2019 Comments(0)

Virginia Doctor Sentenced to 40 Years in Prison For Illegally Prescribing More Than Half a Million Opioid Pills

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 2, 2019, a Virginia physician received a 40-year prison sentence for illegally prescribing more than half a million opioid pills over 19 months. The U.S. District Court for the Western District of Virginia handed down the sentence to Joel Smithers, who was reported to have operated a pill mill out of Virginia, according to authorities. In addition to prison time, he was given an $86,000 fine...

Read More
12/5/2019 Comments(0)

Psychiatric Hospital in Florida Accused of Cashing in on it's Baker Act Patients

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In September 2019, a report on an investigation by The Tampa Bay Times stated that a North Tampa psychiatric hospital might be more harmful than helpful to its patients. The Tampa Bay Times claimed the health facility exploited patients held under the state’s mental health law known as the Baker Act. The Baker Act allows the involuntary confinement of a person in a mental health facility for a li...

Read More
12/5/2019 Comments(0)