The Health Law Blog

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ECFMG Hearing on Irregular Behavior? Follow Our Tips On Protecting Your Rights and Preparing

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are one of those unlucky individuals who have been accused of irregular behavior by the Educational Commission for Foreign Medical Graduates ECFMG , then it is extremely important for you to know this information. ECFMG hearings on irregular behavior are almost always held in Philadelphia, Pennsylvania, before a large committee appointed to hear such cases. The committee is composed of doctors, ...

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9/20/2019 Comments(0)

Nurses: Follow Our Tips For Successful Deposition Preparation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law With the number of healthcare-related lawsuits on the rise, at some time in your career, you will most likely receive a subpoena requiring you to give an oral statement at a deposition. Having your deposition taken can be a stressful or even scary experience. Following the simple steps we have set forth in this blog, you can make your deposition experience less stressful and hopefully relieve your feel...

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8/2/2019 Comments(0)

New Changes to Florida’s Certificate of Need Law Eliminate CONs for Hospitals

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 3, 2019, Tallahassee healthcare regulators began the complex process of reshaping the state’s certificate of need CON program. Florida regulators are moving ahead to eliminate the certificate of need program for hospitals and to focus it on nursing homes, hospices, and institutions for individuals with developmental disabilities. The Proposed Changes to the CON Laws. In May ...

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7/30/2019 Comments(0)

Appeals Court in Florida Says Medical Marijuana Statute is Unconstitutional

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 9, 2019, a Florida appellate court ruled that the Florida Legislature’s approach to regulating medical marijuana is unconstitutional. If the ruling stands, it would require state health officials to begin registering medical-marijuana firms to do business and lift existing caps on how many medical marijuana treatment centers can operate in Florida. Changes to Florida’s Medical Marij...

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7/30/2019 Comments(0)

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)