The Health Law Blog

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Emotional Support Animals and Protecting Your License, Pitfalls and Tips, Part 2 of 3

By Amanda I. Forbes, J.D.; and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law This is part 2 of 3 in a blog series regarding Emotional Support Animals ESA support letters being prepared by counselors and therapists. There are serious pitfalls that exist for the unwary mental health professional and, in part 1, we provided a number of tips on how to avoid these. Click here to read part 1 . Don't forget to read part 3 as well! The ACA has identified specific potential ris...

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3/5/2021 Comments(0)

Military Non-judicial Punishments or Article 15 Proceedings Are Not Criminal Convictions--Military and Former Military Physicians, Dentists and Nurses Should Know This

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Our firm represents many military and former military health professionals. We are often asked how a non-judicial punishment or Article 15 proceeding will be treated for license applications, clinical privileges applications, and background screenings. Article 15 Non-judicial Punishment Is Not the Same as a Court-martial or a Criminal Proceeding. Under Article 15 of the Uniform Code of Military Justice...

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3/4/2021 Comments(0)

Florida Judge Sides With AdventHealth, Allows Fraud Claims Over Multi-Million Dollar PPE Deal to Move Forward

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 23, 2021, a federal court in Orlando, Florida, ruled that Adventist Health System Sunbelt now known as AdventHealth, and which owns Florida Hospital, among others could pursue claims it has over a bad $57.5 million deal to buy personal protective equipment PPE . The defendants whom the hospital system is suing include Tomax Capital Management, Inc. "Tomax" , a California corporation; a Cali...

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3/3/2021 Comments(0)

Are You Applying for a Medical or Health Professional License? Follow Our Helpful Tips

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 medical or health professional 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 appl...

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3/1/2021 Comments(0)

New Florida Law Allows Limited Pharmacist Medical Practice with Practice Agreements

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law A new Florida law allows pharmacists to practice medicine to a certain extent under written collaborative practice agreements with physicians who are licensed to practice medicine or osteopathic medicine in Florida. The new law, signed by Governor DeSantis, took effect on July 1, 2020. However, the initial 20-hour course required by the law has not been approved as of July 22, 2020. Also, the Florida Board of Pha...

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2/22/2021 Comments(0)

Physicians and Nurses: Follow These 30 Tips for Professional Correspondence

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I review many letters, e-mails, memoranda, and other types of correspondence prepared by my physician and nurse clients during my legal representation. These come to me often because of a dispute with a hospital, their peers, an insurance company, law suit filed by a patient, a complaint being investigated by the licensing agency, an investigation of an incident, or another serious matter. In many case...

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2/19/2021 Comments(0)

11th Circuit Court of Appeals Rejects Florida Eye Doctor's Request for New Medicare Fraud Trial

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 31, 2020, a panel of U.S. Eleventh Circuit Court of Appeal judges upheld a 17-year prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his 2017 criminal trial. It upheld the conviction on all 67 counts, deemed the 17-year-sentence to be even-handed, and denied him a new tria...

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2/18/2021 Comments(0)

Federal Judge Rules Florida Pediatric Group Must Face EEOC Suit for Nurses's Retaliation Compliant

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 4, 2020, a Florida federal court judge ruled that a Tampa-based pediatric medical group cannot escape a U.S. Equal Employment Opportunity Commission EEOC lawsuit, denying its attempts to dismiss the case. According to the federal agency, Pediatric Health Care Alliance unlawfully retaliated against a nurse after the nurse reported a doctor for sexual harassment. U.S. District Judge Thomas Ba...

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2/18/2021 Comments(0)

Three Charged For Roles in $109 Million Medicare Fraud Scheme and HIPAA Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In October 2020, Massachusetts federal prosecutors charged three individuals for their alleged roles in a multi-million dollar plot to defraud Medicare. Two individuals allegedly collected patient health data and sold it to the purported mastermind, who then used it to submit $109 million in false Medicare claims. Both individuals obtaining the personal health information were located in Florida, would...

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2/17/2021 Comments(0)

DOJ Charges 345 People Allegedly Involved in More Than $6 Billion in Fraud Related to Telemedicine, Opioid Prescriptions

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In September 2020, federal prosecutors charged 345 doctors, nurses, and other medical professionals allegedly involved in more than $6 billion in healthcare fraud. It is considered the largest Health Care Fraud and Opioid Enforcement Action in the Department of Justice's history DOJ . The schemes were related to telemedicine, illegal opioid distribution, and durable medical equipment, the DOJ said. A N...

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2/17/2021 Comments(0)