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Yale University to Pay $87,500 For Alleged Pay Discrimination Against Female Doctors

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Yale University agreed to pay $87,500 to resolve discrimination allegations with the U.S. Department of Labor. The discrimination alleged that the Ivy League school paid four women cardiologists significantly less than their male colleagues from October 2016 to September 2017. While not admitting the […]

Two Administrators Charged Over Handling of Deadly Virus Outbreak at Veterans Home

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law On September 25, 2020, two administrators at a Massachusetts veterans home were criminally charged with negligence for their role in a COVID-19 outbreak that killed 76 veterans. Attorney General (AG) Maura Healey reportedly stated that the criminal case involving Soldiers’ Home in Holyoke (SHH) is the first in […]

Senate Republicans Introduce Comprehensive New Data Privacy Legislation: The SAFE DATA Act

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 17, 2020, Republican members of the Senate Commerce Committee introduced sweeping federal privacy legislation. The proposed law is called the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The Act is a combination of bills […]

OSHA Issues Citations to Health Care Systems Over COVID-19 PPE Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with the appropriate personal protective equipment (PPE) […]

HHS Announces Change to Regulatory Process: Secretary Must Sign All Agency Rulemaking

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a September 15, 2020 memorandum, the current Secretary of the U.S. Department of Health and Human Services (HHS), Alex Azar, barred the 0Food and Drug Administration (FDA) and other federal health agencies under his authority from independently enacting any new federal regulations. The […]

What Foreign Medical Graduates Need to Know Before Transferring Medical Schools

By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law When medical school graduates who graduated from a medical school outside of the United States want to practice medicine in the United States, they register with the Educational Commission for Foreign Medical Graduates […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]