The Health Law Blog

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Are You the Target of a Medicaid Audit? Here Are the Practical Tips You Need to Know

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Agency for Health Care Administration AHCA , Office of Inspector General OIG and Bureau of Medicaid Program Integrity, is the Florida agency responsible for routine Medicaid audits The agency ensures that the Medicaid program was properly billed for services by health care professionals. Those receiving the greatest amounts of Medicaid payments are also the ones most likely to be audited. These inc...

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8/14/2018 Comments(0)

CMS Issues Proposed Payment Provisions Changes to the Medicare Physician Fee Schedule for 2019

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 12, 2018, the Centers for Medicare & Medicaid Services CMS issued a proposed rule to update payment policies, payment rates, and quality provisions for services rendered under the Medicare Physician Fee Schedule PFS . If passed, the proposed rule would be effective January 1, 2019. Background Info. Payment is made under the PFS for services rendered by physicians and other practitioners in ...

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8/10/2018 Comments(0)

Attorney Owes $8 Million in Malicious Prosecution Case as Jury Sides With Doctor

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 30, 2018, an Arizona jury awarded a record $8 million to a physician who claimed that a medical malpractice suit wrongfully alleged that he intentionally caused a patient’s death. Additionally, the Las Vegas-based attorney who filed the suit is accused of malicious prosecution and is now on the hook for compensatory and punitive damages. The Complaint. In the original complaint, attorney ...

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8/7/2018 Comments(0)

Florida Doctor Granted Retrial in Lawsuit Over Detox Patient's Death

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 25, 2018, a Florida physician found guilty of negligence that led to the death of a patient at a detox facility was granted a new trial. A Florida appellate court ruled that the trial court was out of bounds when it barred his testimony and allowed the estate to hold him fully liable. In the recent opinion, the appellate court stated that the trial court incorrectly barred Dr. Antonio F. Defili...

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8/7/2018 Comments(0)

EEOC Targets Texas Painting Company for ADA Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 28, 2018, the Equal Employment Opportunity Commission EEOC filed suit in Texas federal court against, Steel Painters, a sandblasting and painting company. Steel Painters is accused of unlawfully firing a worker who was using methadone to treat a prior addiction to painkillers. The EEOC says Steel Painter violated the Americans with Disabilities Act ADA by hiring and then firing Matthew Kimball ...

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7/12/2018 Comments(0)

Florida Chiropractors Drop Underpayment Suit Against Progressive for PIP Claims

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 11, 2018, a federal judge in Florida dismissed two proposed class actions alleging Progressive Insurance systematically underpaid chiropractors for years. The plaintiffs claimed it unlawfully reduced payments for treatments covered under consumers’ personal injury protection PIP policies. This decision came after the chiropractor firms, Coastal Wellness Centers Inc. and Tower Health Cente...

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7/12/2018 Comments(0)

ALERT: Florida Board of Medicine Issues New Requirements for Prescribing Controlled Substances

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 4, 2018, the Florida Board of Medicine announced upcoming changes and new requirements for healthcare providers prescribing controlled substances. House Bill 21 , the Controlled Substances Bill, will go into effect on July 1, 2018. Chapter 2018-13, Laws of Florida House Bill 21 provides the following new requirements for prescribing controlled substances: All licensed physicians registered with...

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6/21/2018 Comments(0)

The Do’s and Don’ts When Applying for a Nursing License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The process of obtaining a nursing license can be challenging and time consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards. The following are examples that would delay your application: Disciplinary o...

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6/18/2018 Comments(0)

7th Circuit Reverses $1 Million CVS Verdict for Indiana Doctor in Pill Mill Case

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 10, 2018, the Seventh Circuit reversed an Indiana jury’s finding that CVS Pharmacy Inc. CVS owed $1 million to a doctor. The plaintiff, Dr. Anthony Mimms, claimed the pharmacy defamed him when it refused to fill his patients’ prescriptions in 2013. The Circuit court ruled the trial judge blocked key evidence supporting suspicions the doctor ran an opioid mill and sending part of the ...

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6/11/2018 Comments(0)

The Biggest Mistakes Health Care Providers Make When Retiring, Closing or Relocating a Medical Practice

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Health care professionals retire, sell or move their practices or they quit their jobs for more lucrative opportunities. In doing so, it is common to focus on the new position or the next step that seems more exciting or satisfying. However, it is a mistake to neglect the details of closing or relocating the existing practice or exiting the old position. Many health care professionals make serious mist...

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6/8/2018 Comments(0)