The Health Law Blog

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Are You A Doctor Facing Divorce? Protect Your Assets Now!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a doctor in Florida who is thinking about a divorce, has filed for a divorce, or has had a divorce thrust upon you by a spouse, there are several important issues to consider which are related to the medical profession. One is the valuation of your professional practice. Another is actually a variety of issues associated with being a high net worth individual. You may be a physician who is t...

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3/16/2020 Comments(0)

EEOC Sues Yale Teaching Hospital For Age, Disability Discrimination

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 11, 2020, the U.S. Equal Employment Opportunity Commission EEOC sued Yale New Haven Hospital YNNH , accusing the university’s hospital of discriminating against older doctors. The lawsuit was filed in the U.S. District Court for the District of Connecticut, accusing the teaching hospital of the Yale School of Medicine of violating federal anti-discrimination laws. The hospital alleged...

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3/9/2020 Comments(0)

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)