The Health Law Blog

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Health Care Professionals: Fight Back Against Bad Online Reviews

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Defamatory attacks against health care professionals have become increasingly prevalent as more and more review sites join the world wide web. This allows patients to post virtually anything they want - good or bad - about a physician or any professional. With more physicians becoming employees of hospital systems or large healthcare institutions, adverse surveys, reports or reviews can affect advancem...

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9/10/2018 Comments(0)

Florida Doctor Files $100 Million Defamation Suit Against Former Employer

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 21, 2018, a Florida plastic surgeon filed a $100 million defamation suit against Orlando Health, Inc. OHI , alleging he was fired and made the target of a smear campaign. Dr. Jeffrey M. Feiner claims that he faced retaliation for drawing attention to certain unethical and illegal conduct between his former employer and Allergan, Inc., a large pharmaceutical company. General Allegations. Dr. F...

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9/7/2018 Comments(0)

The Collateral Effects of a Criminal Case on a Licensed Health Professional

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Criminal charges against a health care professional can result in severe consequences. In this blog, I will discuss the impact of a criminal charge on a Florida licensed health care professional. How Does a Plea of Nolo Contendere Affect Licensed Health Professionals? Pursuant to Chapter 456 of Florida Statutes , a plea of nolo contendere is treated the same as a plea of guilty for all purposes. Additi...

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9/6/2018 Comments(0)

Florida’s Medical Marijuana Once Again Threatened by Unnecessary Legal Setbacks

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The resignation of Florida’s medical marijuana chief on August 17, 2018, and a series of recent court losses, has once again threatened the state’s efforts for controlled legalization of marijuana. On August 2, 2018, a Tallahassee judge struck down the licensing structure that the state Legislature and Department of Health DOH enacted for medical marijuana providers. In his order, Circuit J...

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8/29/2018 Comments(0)

Legal Tips to Overcome Professional License Suspension and Revocation

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, nurse, dentist, psychologist, pharmacist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. In most cases, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals specifically with Florida law, similar relief may be available in other states. One o...

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8/29/2018 Comments(0)

The Number One Mistake Health Care Professionals Make When Being Investigated

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Florida, You DO NOT Have to Speak to an Investigator! We continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any duty to cooperate with any investigator who is investigating you. This extends to Department of Health DOH investigators who ...

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8/21/2018 Comments(0)

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)