The Health Law Blog

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Neurosurgeon Keeps $17.5 Million Award After Termination of Employment, Despite Arrest for Soliciting Prostitute

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 25, 2019, a Washington state appeals court sided with an arbitrator’s decision to award $17.5 million to a neurosurgeon who was fired after he didn't disclose his arrest for soliciting prostitute. Swedish Health Services had appealed the original arbitration ruling, arguing that the neurosurgeon violated the terms of his employment contract when he failed to notify the employer that he ha...

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7/15/2019 Comments(0)

Have You Received a Denial on Your Medicare Enrollment Application and You're Not Sure Why?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Did you receive a denial on your Medicare enrollment application and can’t figure out why? You may be surprised to find out that even the smallest error, such as punctuation like a missing comma or period, could be the reason Medicare rejected your application. The Centers for Medicare and Medicaid Services CMS will deny Medicare applications of physicians, medical groups, home health agencies HH...

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7/11/2019 Comments(0)

Employment Contracts: Tips For New Physicians and Health Professionals

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This is intended to provide an introductory review of the basics of contracting for new physicians and health professionals, primarily by discussing employment agreements. We will highlight many of the common provisions found in employment contracts, along with many of the mistakes and pitfalls that we see in our day-to-day practice. After reading this, it is our hope that new physicians and other heal...

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7/9/2019 Comments(0)

Helpful Tips to Avoid Unlicensed Practice of Nursing Charges

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health DOH has increased the investigation and prosecution of unlicensed practice of nursing and other health professions. More resources and more investigators are being assigned to this duty. This dramatic increase in resources and staff has resulted in the investigation of more complaints than ever regarding unlicensed practice of nursing. Here are some tips you can use to ...

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7/2/2019 Comments(0)

Recommendations for the Subject of a Peer Review Hearing (Part 2 of 2)

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This is part two of a blog series focused on clinical privileges and aims to provide recommendations on the peer review process. Click here to read part one titled, Facts You Need to Know About the Clinical Privileges, 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 legisla...

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6/25/2019 Comments(0)

How to Challenge a Proposed OIG Exclusion from Medicare

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many health professionals don’t understand the significant repercussions that an exclusion action by the Office of the Inspector General OIG can have on their careers and future employment. Whether you are a physician, nurse, dentist, psychologist or other health professional, if you allow yourself to be excluded from the Medicare program, devastating economic results may follow. The administrati...

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6/19/2019 Comments(0)

Although the Law Stacks the Deck Against You, Leaving a Foreign Body in a Patient Doesn’t Always Mean Negligence or Discipline

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Leaving a foreign object sometimes referred to as a retained foreign body or RFB in a patient, such as a sponge, clamp, forceps, surgical needle, guide wire, part of a surgical instrument or other paraphernalia commonly used in surgical, examination, or other diagnostic procedures, does not necessarily mean that the physician has committed an act of negligence or that the physician will be disciplined ...

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6/18/2019 Comments(0)

Disruptive Physicians: Nobody Likes a Nuisance

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Identifying and eliminating disruptive physicians has become a paramount concern of many hospitals and healthcare systems. Disruptive physicians hinder the safe and orderly operation of a healthcare facility and are considered a threat to the safety of patients. Disruptive behavior can impact staff morale and can increase the risk of liability to all employers. Implications of Disruptive Behavior. Disr...

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6/12/2019 Comments(0)

Facts You Need to Know About Clinical Privileges and the Peer Review Process (Part 1 of 2)

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The term "fair hearing" is used by different individuals and different organizations to refer to an administrative hearing or a private hearing in a hospital or professional association. There are a number of different types of proceedings that are often referred to as "fair hearings," including clinical privileges or peer review hearings, which allow a physician who has had his or her clinical privile...

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6/11/2019 Comments(0)

Cheating, Irregular Behavior and Other Challenges Facing Medical Students and Graduates

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The road to becoming a physician is paved with many unique challenges. The long, exhausting journey begins and students are faced with the first battle: rigorous undergraduate course work, followed by the MCAT and medical school applications. During medical school, and for some, after graduation, the USMLE United States Medical Licensing Examination and its STEP 1, STEP 2 and STEP 3 exams provide anoth...

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6/10/2019 Comments(0)