The Health Law Blog

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ECFMG Affidavit to Complete? Attending a Caribbean Medical School? Being Investigated for Irregular behavior by the ECFMG or USMLE? You need Legal Advice! Your Residency Matching Might Now Be at Issue, as Well!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Have you recently unexpectedly received an affidavit from the Educational Commission for Foreign Medical Graduates ECFMG or the United States Medical Licensing Examination USMLE Secretariat? Are you attending or have you graduated from a Caribbean medical School such as the University of Science, Art and Technology USAT , Faculty of Medicine, in Montserrat, or the Atlantic University School of Medicine...

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11/8/2018 Comments(0)

Dentists Smiling as $80 Million Settlement Reached in Dental Supply Price-Fixing Class Action Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 30, 2018, after two years of litigation, a group of dentists tentatively reached an $80 million settlement in a proposed class action accusing the country's biggest dental supply companies of colluding to fix prices. The three dominant distributors, Henry Schein Inc., Patterson Cos. Inc. and Benco Dental Supply Co. Inc., allegedly artificially inflated prices on crowns, numbing agents, X-ray ...

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10/22/2018 Comments(0)

What to Do If You Receive an Inquiry From the USMLE, ECFMG, or NBME

By Achal A. Aggarwal, J.D., M.B.A., Attorney, The Health Law Firm The National Board of Medical Examiners NBME is an organization that sets certain standards for anyone seeking licensure in the U.S. It prepares and administers state recognized examinations for medical students and medical residents, to assure they meet certain requirements for clinical knowledge CK and ability to interact effectively with patient using the English language, the latter know as "clinical skills" CK . The NBME's mi...

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10/8/2018 Comments(0)

NYC Doctor Gets Prison Term for Posing as Clinic Owner in $30 Million Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 22, 2018, a doctor received a sentence of one year and a day in prison from a New York federal court for his part in a $30 million scheme to defraud Medicare and the state Medicaid program. The doctor admitted to posing as the owner of a medical clinic and falsely claiming to have seen hundreds of patients. He pled guilty on January 11, 2018, to health care fraud and conspiracy to commit heal...

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9/25/2018 Comments(0)

New Update to the Medicare Program Integrity Manual Issued by CMS

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 1, 2018, the Centers for Medicare & Medicaid Services CMS issued further guidance for reporting and reviewing final adverse legal actions ALAs in provider enrollment applications. Section 15.5.3 of the Medicare Program Integrity Manual MPIM was updated through Transmittal 797 to provide more guidance on the types of final adverse actions that must be disclosed. It also provides additional i...

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9/24/2018 Comments(0)

Health Care Professionals: Fight Back Against Bad Online Reviews

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Defamatory attacks against health care professionals have become increasingly prevalent as more and more review sites join the world wide web. This allows patients to post virtually anything they want - good or bad - about a physician or any professional. With more physicians becoming employees of hospital systems or large healthcare institutions, adverse surveys, reports or reviews can affect advancem...

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9/10/2018 Comments(0)

Florida Doctor Files $100 Million Defamation Suit Against Former Employer

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 21, 2018, a Florida plastic surgeon filed a $100 million defamation suit against Orlando Health, Inc. OHI , alleging he was fired and made the target of a smear campaign. Dr. Jeffrey M. Feiner claims that he faced retaliation for drawing attention to certain unethical and illegal conduct between his former employer and Allergan, Inc., a large pharmaceutical company. General Allegations. Dr. F...

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9/7/2018 Comments(0)

The Collateral Effects of a Criminal Case on a Licensed Health Professional

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Criminal charges against a health care professional can result in severe consequences. In this blog, I will discuss the impact of a criminal charge on a Florida licensed health care professional. How Does a Plea of Nolo Contendere Affect Licensed Health Professionals? Pursuant to Chapter 456 of Florida Statutes , a plea of nolo contendere is treated the same as a plea of guilty for all purposes. Additi...

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9/6/2018 Comments(0)

Florida’s Medical Marijuana Once Again Threatened by Unnecessary Legal Setbacks

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The resignation of Florida’s medical marijuana chief on August 17, 2018, and a series of recent court losses, has once again threatened the state’s efforts for controlled legalization of marijuana. On August 2, 2018, a Tallahassee judge struck down the licensing structure that the state Legislature and Department of Health DOH enacted for medical marijuana providers. In his order, Circuit J...

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8/29/2018 Comments(0)

Legal Tips to Overcome Professional License Suspension and Revocation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a doctor, nurse, dentist, psychologist, pharmacist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. In most cases, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals specifically with Florida law, similar relief may be available in other states. One o...

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8/29/2018 Comments(0)