The Health Law Blog

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Humana Agrees To Pay $11.2 Million to End Nurses' Overtime Suit

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law On September 27, 2021, Humana agreed to pay $11.2 million to end claims that the health insurance company denied a group of nurses overtime pay by misclassifying them as exempt employees. A Wisconsin federal judge approved the deal with Humana, and a group of more than 200 nurses reached, securing a $36,000 average payment for each nurse involved in the suit. A Violation of the Fair Labor Standards ...

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11/15/2021 Comments(0)

Good News and Bad News for ECFMG & USMLE Applicants: Recent Changes for the USMLE Step Exams

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law These are some recently announced changes that could significantly impact anyone seeking to take the USMLE Step exams. This could be construed as good news by many and bad news by many others. Regardless, here it is. Step 1 Exam Changing to Pass/Fail Grade and Score Reporting. The USMLE announced recently that it would change the scoring and reporting for Step 1 exam scores. Step 1 score reporting w...

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11/12/2021 Comments(0)

Eight Major Chinese Medical Schools No Longer Listed in World Directory Relied on by ECFMG and USMLE

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law In April 2014, the new World Directory of Medical Schools "World Directory" was published. It took over as the definitive list of medical schools in the world yes, the whole world . There are 180 Chinese medical schools listed on the World Directory of Medical Schools. Medical graduates from these schools are routinely eligible to take the United States Medical Licensing Examination USMLE Step exams...

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11/11/2021 Comments(0)

Utah Nurse Must Face Wrongful Death Suit Says 10th Circuit Court of Appeals

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 3, 2021, the United States 10th Circuit Court of Appeals reversed, in part, a Utah court's decision concerning a wrongful death suit on behalf of a 21-year-old inmate. The court's decision affirmed that the jail's doctor could claim qualified immunity. After her death, the 21-year-old inmate's estate sued the county and its officials in a cause of action claiming she was deprived her of her ci...

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11/10/2021 Comments(0)

18 Former NBA Players Indicted For Alleged $4 Million Health Care Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 7, 2021, 18 former NBA players were charged in New York federal court for an alleged health insurance fraud scheme to rip off the league's benefit plan, according to an indictment filed in the Southern District of New York. The defendants allegedly engaged in a scheme from at least 2017 through 2020 which involved the submission of fraudulent claims for reimbursement of medical and dental se...

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11/4/2021 Comments(0)

Dental Office Manager Sentenced to One Year in Prison for Defrauding Medicaid Out of More Than $813,000

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 1, 2021, a former dental office manager was sentenced to 12 months in prison for her role in a Medicaid fraud scheme. Mahsa Azimirad, was the office manager for Universal Smiles, a D.C.-based dental practice, according to the U.S. Attorney’s Office for Washington, D.C. She was indicted in January 2019, along with the dentist who ran the practice. The dentist pleaded guilty in May 2021 ...

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11/3/2021 Comments(0)

Court Rules New York Doctor Can Subpoena Yelp for User Info in Defamation Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This i...

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11/3/2021 Comments(0)

9th Circuit Says Former Federal Nurse Can Proceed With Medical Malpractice Suit Against VA Hospital

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 29, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a former federal employee can sue the United States under the Federal Tort Claims Act FTCA . The suit alleges medical negligence that occurred during psychiatric treatment for a non-workplace-related injury. As a result, the three-judge panel of the appeals court said that U.S. Navy veteran and VA nurse S.H.s' lawsuit aga...

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10/27/2021 Comments(0)

Florida Surgeon and Device Company Owner Arrested and Charged For Paying Bribes, Kickbacks

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 7, 2021, federal prosecutors announced the arrest of a Florida surgeon and owner of device company SpineFrontier Inc on charges of bribing surgeons to use products by paying sham consulting fees. Accused in an indictment in Boston federal court for violating the federal Anti-Kickback Statute AKS and conspiracy to commit money laundering, is the company's founder and CEO from Florida. Also ...

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10/8/2021 Comments(0)

Texas Hospital's COVID-19 Vaccine Mandate Upheld by Federal Court

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law As some states lift COVID-19 restrictions, the business community is still grappling with the dynamic between the COVID-19 vaccine and workplace operations. To address this, some U.S. employers have elected to adopt mandatory vaccination policies. These policies, in essence, require that, subject to a few exceptions, all employees must receive the COVID-19 vaccine as a condition of continued emp...

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10/6/2021 Comments(0)