The Health Law Blog

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EEOC Targets Texas Painting Company for ADA Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 28, 2018, the Equal Employment Opportunity Commission EEOC filed suit in Texas federal court against, Steel Painters, a sandblasting and painting company. Steel Painters is accused of unlawfully firing a worker who was using methadone to treat a prior addiction to painkillers. The EEOC says Steel Painter violated the Americans with Disabilities Act ADA by hiring and then firing Matthew Kimball ...

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7/12/2018 Comments(0)

Florida Chiropractors Drop Underpayment Suit Against Progressive for PIP Claims

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 11, 2018, a federal judge in Florida dismissed two proposed class actions alleging Progressive Insurance systematically underpaid chiropractors for years. The plaintiffs claimed it unlawfully reduced payments for treatments covered under consumers’ personal injury protection PIP policies. This decision came after the chiropractor firms, Coastal Wellness Centers Inc. and Tower Health Cente...

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7/12/2018 Comments(0)

ALERT: Florida Board of Medicine Issues New Requirements for Prescribing Controlled Substances

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 4, 2018, the Florida Board of Medicine announced upcoming changes and new requirements for healthcare providers prescribing controlled substances. House Bill 21 , the Controlled Substances Bill, will go into effect on July 1, 2018. Chapter 2018-13, Laws of Florida House Bill 21 provides the following new requirements for prescribing controlled substances: All licensed physicians registered with...

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6/21/2018 Comments(0)

The Do’s and Don’ts When Applying for a Nursing License

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 nursing 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 application: Disciplinary o...

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6/18/2018 Comments(0)

7th Circuit Reverses $1 Million CVS Verdict for Indiana Doctor in Pill Mill Case

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 10, 2018, the Seventh Circuit reversed an Indiana jury’s finding that CVS Pharmacy Inc. CVS owed $1 million to a doctor. The plaintiff, Dr. Anthony Mimms, claimed the pharmacy defamed him when it refused to fill his patients’ prescriptions in 2013. The Circuit court ruled the trial judge blocked key evidence supporting suspicions the doctor ran an opioid mill and sending part of the ...

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6/11/2018 Comments(0)

The Biggest Mistakes Health Care Providers Make When Retiring, Closing or Relocating a Medical Practice

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Health care professionals retire, sell or move their practices or they quit their jobs for more lucrative opportunities. In doing so, it is common to focus on the new position or the next step that seems more exciting or satisfying. However, it is a mistake to neglect the details of closing or relocating the existing practice or exiting the old position. Many health care professionals make serious mist...

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6/8/2018 Comments(0)

Former Pennsylvania Nurse Practitioner Gets Six Years in Prison for Sham Mental Health Facility

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 11, 2018, a former nurse practitioner in Pennsylvania was sentenced to six years in prison for passing off unlicensed people, including a convicted felon, as mental health professionals. Joan Cicchiello had the individuals provide psychiatric care to patients through the mental health care business she operated. Phony Therapists. According to prosecutors, Cicchiello owned and operated Twilight B...

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6/5/2018 Comments(0)

Minnesota Court of Appeals Dismisses Patient’s HIPAA Complaint Against Hospital

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 14, 2018, a Minnesota appeals court affirmed the dismissal of a complaint filed by a woman who says a hospital violated her privacy. The woman claimed a nurse at Allina Health Systems hospital revealed in front of her father and uncle that she just had a hysterectomy, which she didn’t want them to know about. Patient Information. State law does prohibit the unauthorized release of a person...

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6/4/2018 Comments(0)

CMS Memorandum for Texting Patient Information Among Healthcare Providers

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Centers for Medicare & Medicaid Services CMS released a Memorandum in an effort to clarify their stance and guidelines on texting between healthcare providers and members of a healthcare team. Texting Patient Orders is Not Permitted. CMS does not permit physicians or other health care providers to text patient orders to a care team member on any platform. Texting patient orders from a health ca...

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6/1/2018 Comments(0)

MDL Judge Orders Opioid Litigation Plan and Bashes DEA for Not Divulging Key Information

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 11, 2018, the Ohio federal judge overseeing multidistrict litigation over the opioid crisis ordered a series of bellweather trials for 2019. U.S. District Judge Dan Aaron Polster also slammed the U.S. Drug Enforcement Administration DEA for resisting disclosure of data about opioid transactions. Judges overseeing multidistrict litigation MDL often use bellwether trials to try a widely conteste...

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5/31/2018 Comments(0)