The Health Law Blog

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Florida Compounding Pharmacy Agrees to $21 Million Settlement in FCA Kickback Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 19, 2019, a Florida compounding pharmacy reached a $21.4 million settlement with the U.S. Department of Justice DOJ in the Southern District of Florida to resolve claims they orchestrated a $70 million kickback scheme. Diabetic Care Rx LLC, which does business as Patient Care America, and private equity firm Riordan Lewis & Haden Inc. agreed to pay to bring the False Claims Act FCA law...

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10/14/2019 Comments(0)

Judge Says School Didn’t Discriminate by Prohibiting Medical Marijuana Treatment on Campus

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 9, 2019, a judge dismissed the claims of parents who said a New Mexico public school discriminated against their epileptic daughter by prohibiting her from using medical marijuana on school grounds. The judge granted a motion to dismiss, stating that the parents did not adequately prove their claims. The Argument of Administering Medical Marijuana Treatment on School Grounds. According to the...

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10/10/2019 Comments(0)

Taking Your USMLE Step Exams? Follow Our Helpful Tips and Score Higher

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Here are some common-sense tips you should be sure you follow that may help you to reduce stress and score higher when you take your United States Medical Licensing Examination USMLE Step examinations. You should be doing everything within your control to minimize your stress and the risk of being late for the examination. Again, these are common sense and if you have taken a lot of standardized examin...

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10/9/2019 Comments(0)

Florida Doctor Charged in $2.1 Billion Medicare Fraud Scheme Involving Genetic Tests

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 1, 2019, a Florida doctor was implicated in what federal investigators say is one of the largest health care fraud schemes ever charged. According to prosecutors, the doctor allegedly authorized genetic testing for patients he never met, in a state where he’s not licensed to practice. The vast fraud scheme totaled $2.1 billion worth of false Medicare and Medicaid claims between July 20...

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10/3/2019 Comments(0)

Healthcare Professionals: You Must Challenge Overpayment Demands from Medicare and Medicaid Audits

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We have gotten calls from healthcare professionals, including physicians, dentists, pharmacists, mental health counselors, and assisted living facilities ALFs who have been placed on prepayment review after failing to challenge Medicare or Medicaid audit results. Once placed on prepayment review, the payments are held up for many months. Some providers are even forced out of business as a result. Faili...

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9/24/2019 Comments(0)

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)

Doctors: Follow These Steps to Challenge 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 professional careers and future employment. Whether you are a physician, nurse, dentist, psychologist or other health professionals, if you allow yourself to be excluded from the Medicare program, devastating economic results may follow. Th...

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9/10/2019 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)