The Health Law Blog

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Veterans Urge Federal Court To Hear Case Challenging DEA Marijuana Classification

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 1, 2020, military veterans urged the U.S. Ninth Circuit Court of Appeals to reconsider the U.S. Drug Enforcement Administration's DEA restrictive marijuana classification. The Iraq and Afghanistan Veterans of America IAVA said in an amicus curiae friend of the court brief that designating the drug a highly controlled substance has impeded medical research that could save lives. Marijuana Cla...

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11/20/2020 Comments(0)

Florida Dentist’s COVID-19 Business Interruption Insurance Claim Dismissed

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 3, 2020, a Florida federal judge dismissed a suit for business interruption insurance payments by a Florida dentist. The dentist claimed he sustained damages caused by the COVID-19 pandemic and related civil authority shutdowns of dental services. The dismissal freed Allied Insurance Company of America from having to pay the dentist's for COVID-19 related losses, holding that the policy's ...

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10/19/2020 Comments(0)

House Committee Advances Medical Marijuana Bill to Expand Research

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, the Medical Marijuana Research Act of 2019. The bill would: amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medi...

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10/8/2020 Comments(0)

New Law Passed in Florida for Health Professional Background Screening

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law For several years, many healthcare professionals have been required to pass a Level II background check in order to work in most Florida healthcare facilities licensed by the Agency for Health Care Administration AHCA . Many healthcare professionals are also required to pass a Level II background check in order to be licensed by the Florida Department of Health DOH . In March 2020, the Florida Legislature passed ...

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10/5/2020 Comments(0)

Significant Changes to USMLE Exams and What They Mean for Medical Students and Graduates

By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The United States Medical Licensing Examination "USMLE" is a three-step examination required to obtain a medical license. It is written and administered by the USMLE Secretariat of the National Board of Medical Examiners "NBME" and is sponsored by the Federation of State Medical Boards "FSMB" and the USMLE. Medical students desiring to practice in the U.S. are under...

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10/2/2020 Comments(0)

Florida Department of Health Claims Orchid Nursery Has No Constitutional Protection In Pot Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 27, 2020, the Florida Department of Health DOH argued to the United States Eleventh Circuit Court of Appeals that a Florida nursery can't claim the 14th Amendment to the U.S. Constitution protects its right to marijuana licenses. The DOH urged the appellate court to uphold the dismissal of Louis Del Favero Orchids' suit because, it claimed, the U.S. Constitution doesn't cover a property inter...

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10/1/2020 Comments(0)

Recent Legislative Change Fixes Florida Patient Brokering Act

By Amanda I. Forbes, J.D. A new act SB 1120 was recently passed by the Florida Senate and enacted on June 18, 2020, with an effective date of July 1, 2020. SB1120 restored the Florida Patient Brokering Act to its original wording to correct a big glitch made when the Legislature previously amended it. On June 27, 2019, there was an amendment enacted by the Florida Legislature that changed the Florida Patient Brokering Act, Section 817.505, Florida Statutes. It became effective on July 1, 2019. T...

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9/3/2020 Comments(0)

U.S. Court of Appeals Rejects Florida Eye Doctor's Request for New Medicare Fraud Trial

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 31, 2020, a panel of judges of the U.S. Eleventh Circuit Court of Appeals in Atlanta upheld a 17-year long prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge appeal panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his 2017 criminal trial. It upheld the doctor's conviction on all 67 counts, deemed the 17-year-sentence to b...

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8/31/2020 Comments(0)

How an American Board of Internal Medicine Policy is Robbing America of Qualified Physicians

By Achal A. Aggarwal, M.B.A., J.D. In July 2012, the American Board of Internal Medicine "ABIM" implemented a policy change placing limits on how long a physician could be considered "board eligible." This policy nearly ended the ability of many otherwise qualified physicians to become certified in internal medicine. In many cases, this also caused them to lose hospital clinical privileges or to not qualify for them. Board eligibility and board certification are big deals in the medical communit...

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8/28/2020 Comments(0)

Dentists, What If You or Someone on Your Staff Tests Positive for COVID-19?

By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law You or a member of your staff has a confirmed case of COVID-19. What now? Your primary concern is for the individual affected. However, as a health professional operating a professional practice, you also have a duty to your employees and to your other patients. You have to be concerned about any patients with whom your infected staff might have had contact. These s...

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8/11/2020 Comments(0)