The Health Law Blog

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Florida Defends Medical Marijuana Law in High-Stakes State Supreme Court Battle

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 6, 2020, in a highly-important case for the medical marijuana industry in Florida, the state defended its regulatory framework before the Florida supreme court. The case focuses on whether Florida has properly carried out a 2016 constitutional amendment that broadly legalized medical marijuana for patients. The Florida Department of Health DOH argues that there is no conflict between the voter-a...

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8/6/2020 Comments(0)

Florida Oncology Practice Reaches $100 Million Deal With DOJ in Antitrust Probe

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 30, 2020, the U.S. Department of Justice DOJ announced that a major Florida oncology group will pay $100 million to resolve a criminal charge that it conspired with competitors to divvy up cancer treatments in the area. This marks the first settlement in an ongoing oncology market allocation probe against Florida Cancer Specialists & Research Institute LLC FCS . The Details of the Antitrus...

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7/29/2020 Comments(0)

University of Florida Rescinds Offer Made to Student Due to Racist Social Media Post

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law On June 8, 2020, the University of Florida UF announced via Twitter that a prospective student, who posted a racist message on social media, would not be admitted to attend the school in the fall. In effect, the school withdrew its offer to admit the prospective student. UF spokesman Steve Orlando says the university received multiple e-mails regarding its post of these facts. As a result of the investigation, the studen...

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7/27/2020 Comments(0)

Doctor, You Might Need A Home Medical Equipment Provider License, If . . .

By Michael L. Smith, J.D., R.R.T. Board Certified by The Florida Bar in Health Law Physicians frequently utilize electrostimulation or transcutaneous electrical nerve stimulation TENS units, and other medical equipment in the course of their practice. Most often the physician or the practice bills the patient or the patient's insurance for the medical equipment. Unfortunately, some physicians do not know that a special Home Medical Equipment Provider HMEP license may be required in Florida in or...

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7/21/2020 Comments(0)

How to Find an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many nurses, nurse practitioners and certified registered nurse anesthetists CRNAs carry professional malpractice insurance through the Nurses Service Organization NSO or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not realize, however, is that such insurance provides many added benefits, other than just coverage on nursing l...

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7/6/2020 Comments(0)

Federal Judge Orders Colorado Board of Pharmacy to Give Patient Identifying Data to DEA

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 22, 2020, a federal judge ordered the Colorado Board of Pharmacy to give the U.S. Drug Enforcement Administration DEA prescription drug monitoring program data on two pharmacies that the DEA is investigating. The data includes patient identifying information of more than 14,000 patients. The state must turn over the data by May 15, 2020, according to the order. Pharmacy Audits & Investigat...

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6/24/2020 Comments(0)

Follow Our List of Helpful Tips When Responding to a Medicare Audit, Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This is the second blog in a two part blog series on Medicare audits. It is meant to provide helpful tips and information if you find yourself responding to an initial Medicare audit. Be sure to read part one in this series. Tips to Help You Prepare for a Medicare Audit Continued : 9. Include a brief summary of the care provided to the patient with each record. The summary is not a substitute for the m...

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6/18/2020 Comments(0)

Follow Our Helpful Tips for Responding to a Medicare Audit, Part 1

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At some point in your career you may hear someone speak of a "routine" Medicare audit, there is really no such thing. This is like saying you have a "routine IRS audit." The fact is that there is some item you have claimed as a Medicare provider or the amount of claims Medicare has paid in a certain category that has caused you or your practice to be audited. Having too many claims for level five CPT c...

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6/11/2020 Comments(0)

Florida Emergency Order Allows Pharmacists to Order, Administer COVID-19 Tests

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 24, 2020,Florida Gov. Ron DeSantis announced he would expand the opportunities for people to obtain COVID-19 tests by allowing licensed pharmacists to order and administer them. For purposes of preparing for, responding to, and mitigating any effect of COVID-19, Emergency Order 20-006 was filed, suspending section 483.813, Florida Statutes. You can click on the link to read the entire Order. A...

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6/3/2020 Comments(0)

Married Telehealth Co-Owners Charged in $56 Million Kickback Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 5, 2020, the owners of two telemedicine companies were charged in New Jersey federal court with defrauding Medicare in an alleged $56 million telehealth scheme involving orthotic braces. Some of the fraud alleged to have occurred was through a Florida location. The married co-owners of Advantage Choice Care and Tele Medicare are reported to have used the companies to solicit kickbacks and b...

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5/15/2020 Comments(0)