The Health Law Blog

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How Criminal Actions Can Affect Your Professional License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Every health care provider knows that their license to practice can be disciplined for misconduct on the job. However, many are surprised to learn that they can also disciplined for actions that occur outside their professional lives. A criminal conviction for a felony or misdemeanor that is not directly related to their profession can still result in discipline. Criminal Charges Do Impact Professional...

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12/7/2018 Comments(0)

Impaired Practitioner Programs: What You Need to Know if You’ve Been Accused of Impairment or Disruptive Behavior

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In an industry that revolves around serving others, physicians and other health professionals sometimes find that they are the ones being pushed toward a treatment program. According to a recent study , physician wellness and quality of patient care go hand-in-hand. Long hours, heavy work loads and stress among health care professionals can sometimes lead to unsafe, unprofessional behavior and impairme...

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12/6/2018 Comments(0)

Judge Sets Deadline For HHS To Clean Up Medicare Appeals Backlog Pileup

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 2, 2018, a federal judge in Washington, D.C. said the U.S. Department of Health and Human Services HHS has until the end of 2022 to completely clear out its backlog of thousands of Medicare billing appeals. This decision is the latest in a long line of litigation launched by the American Hospital Association and others that has dragged on for years. The problem stems from the fact that hosp...

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11/28/2018 Comments(0)

Health Care Professionals: It’s Time to Take Control of Controlled Substances!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 2018, the Florida Department of Health DOH launched an informational website providing basic information pertaining to CS/CS/HB 21, the Controlled Substances Bill, and the important changes for prescribers and dispensers. The bill, effective in July 2018, addresses opioid abuse by establishing prescribing limits, requiring continuing education on controlled substance prescribing, expanding required ...

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11/26/2018 Comments(0)

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)