Michigan Dentist Accused of Million Dollar Medicaid Fraud Scheme Captured in Caribbean
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Michigan dentist accused of Medicaid fraud was recently captured in the Dominican Republic after evading charges for months, state authorities announced. Dr. David Johnson operated the alleged scheme through Livernois Dental in Detroit, which he owned at […]
Health Care Software Double-Bills Government For Anesthesia Services According to FCA Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 2, 2017, a relator in a Florida federal False Claims Act (FCA) case, claimed that Epic Systems’ (Epic) health software wrongly defaults to double-billing for anesthesia services. As a result, the government is being overbilled by […]
Florida Woman Lands Herself 6.5 Years in Prison, Owes $45 Million for Medicare Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 22, 2017, a Florida woman who was accused of a $45 million Medicare fraud, received a six-and-a-half-year prison sentence, following a 2016 U.S. Supreme Court decision in her case holding that the government could not freeze […]
Mentally Ill Inmate Gouges Out Own Eyes, Sues County for Negligence
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 7, 2017, a mentally ill inmate in the Boulder, Colorado, jail sued Sheriff Joe Pelle in federal court, claiming that the jail staff failed to stop the man from using his fingers to gouge out his […]
Appeals Court Affirms Discipline for Doctor Who Sold Prescriptions at Bar
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 15, 2017, a physician who sold painkiller prescriptions to patients at a bar and restaurant, had his two-year probation for unprofessional conduct upheld by a Maryland appeals court. The court upheld the decision after it found […]
Massachusetts Mental Health Centers Submitted False Claims According to Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 5, 2018, the state of Massachusetts lodged a False Claims Act (FCA) suit in federal court against the operators of a number of mental health centers. In the suit, it is alleged that they improperly billed […]
Trump Administration Reverses Guidelines for Penalties Against Nursing Homes
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Trump administration is actively reversing nursing home guidelines previously put in place under President Barack Obama. The current administration is scaling back the use of fines against nursing homes that harm residents or place them in grave […]
Alabama Doctor and 3 Nurse Practitioners Charged With Running Fraudulent Pill Mill
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 6, 2017, three nurse practitioners and a doctor were arrested following an Alabama federal grand jury indictment accusing them of operating a “pill mill.” According to the U.S. Department of Justice (DOJ), all four allegedly dispensed […]
Broward Health Executives Charged for Conspiring to Get Rid of CEO
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 12, 2017, five North Broward Health District executives were hit with criminal charges. A state attorney is alleging violations of Florida’s open government laws for supposedly holding secret meetings at which they decided to terminate the […]
Kmart Agrees to Pay $32.3 million to Settle Whistle Blower’s False Claims Act Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 22, 2017, Kmart Corporation agreed to pay $32.3 million to settle a whistle blower lawsuit alleging its pharmacies caused federal health programs to overpay for prescription drugs by not telling the government about discounted prices. The […]
Qui Tam Cases: If You Are Thinking About Blowing the Whistle, Follow These Tips
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At The Health Law Firm, we have represented many clients that were involved in qui tam cases brought because of false claims under the Medicare False Claims Act (FCA). We have defended health facilities and health professionals, but […]
Massage Therapist Sued for $25 Million After Alleged Sexual Assault
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A woman who claims she was assaulted at a Massage Envy location in the Northwest section of the District of Columbia (D.C.) filed a $25 million lawsuit against the company and the massage therapist who she said attacked […]
Florida Woman Sues After Claims She Was Sexually Assaulted at Massage Envy
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Federal Judge Refuses to Dismiss Florida Compounding Pharmacy’s FCA Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 4, 2017, a Florida federal judge refused to dismiss the federal government’s False Claims Act (FCA) suit against a compounding pharmacy. RS Compounding LLC and its owner, Renier Gobea, are accused of overbilling Tricare for prescriptions. […]
Little Known Facts About State and DOH Investigations That Could Save Your Professional License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The notice that you are under investigation may seem nonthreatening. It may come in the mail, be delivered personally by an investigator or you may receive a telephone call from the investigator. This is a very serious matter […]
Doctors, Nurses and Health Care Professionals Take Heed: It is Always a Bad Idea to . . . .
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In my 30 plus years of practice representing physicians, dentists, nurses and health care professionals, I have defended clients involved in many different situations. Several of these seem to be problem areas which we see repeatedly. The following […]
Illinois Implements New Regulations That Allow Psychologists to Prescribe
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Illinois clinical psychologists can now obtain licenses to prescribe medications for mental conditions under new regulations passed by the state. The new regulations issued by the Illinois Department of Financial and Professional Regulation (IDFPR) took effect in October […]
CMS Requires Home Health Claims to be Selected for Probe and Education Review
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Medicare Administrative Contractors (MACs) in conjunction with the Center for Medicare and Medicaid Services (CMS) have initialized the “Home Health Probe and Educate” medical review strategy. The reason for CMS’s coined “Probe and Educate Review Strategy” is to […]
OIG Alert Warns of Improper Conduct Involving Home Health Agencies and Physicians
By Michelle L. Bedoya, J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 22, 2016, the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) published a fraud alert regarding improper arrangements and conduct involving home health agencies (HHAs) […]
New Florida Rules Shorten Required Hours For Community Pharmacies and Change Start of Business Requirements
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Board of Pharmacy (BOP) amended its rules regarding community pharmacies following a request for relief by industry health care professionals. The amended rules include shortening community pharmacy hours of operation from 40 to 20 hours per […]
Florida Federal Judge Clarifies Earlier Order Dismissing $320 Million Qui Tam/False Claims Act Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law U.S. District Judge James S. Moody Jr. dismissed whistle blower Nancy Chase’s lawsuit against LifePath Hospice, Inc., and Good Shepherd Hospice, Inc., on September 22, 2016. He found that Chase did not sufficiently plead fraud in her suit […]
Florida Court Denies Motion to End Patient Wrongful Death Suit Despite Settlement
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 15, 2016, The Florida Supreme Court refused to dismiss a lawsuit over the death of an escaped psychiatric hospital patient for the second time. The suit questions the thin line between medical and ordinary negligence, even […]
New Jersey Woman Confessed to $1 Million DNA Testing Medicare Fraud Scheme.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 1, 2016, Sheila Kahl pled guilty in a New Jersey federal court that she took part in a $1 million Medicare fraud scheme. Kahl admitted to two conspiracy charges deriving from a scheme involving a nonprofit […]
Was Nursing Home and Hospital To Blame for Woman’s Death?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 1, 2016, the family of a mentally ill woman, Diane Rimert, who died of pneumonia, urged a Texas jury to find a nursing home and a hospital liable for her death. The family alleged that the […]
South Florida Hospital Agrees To Pay $12 Million To Settle FCA Claims
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 7, 2016, a Miami-area hospital will pay the federal government about $12 million to resolve allegations that it violated the False Claims Act (FCA) by submitting false claims to federal health care programs for medically unnecessary […]
Doctor Agrees To Split Fees In $785M Pfizer FCA Deal
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 29, 2016, Dr. William LaCorte, M.D., a whistleblowing physician in Metairie, Louisiana, helped win a $785 million False Claims Act settlement with Pfizer, Inc., one of the World’s largest pharmaceutical companies. Dr. LaCorte agreed with his […]
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Assisted Living Facility (ALF) Owners
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and the Agency for Health Care Administration (AHCA), that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could […]
Florida Supreme Court Upholds Amendment 7, Right of Patients to Documents on Adverse Events
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Supreme Court in Charles v. Southern Baptist Hospital, on January 31, 2017, issued a decision dealing with the relationship of Florida’s Constitution Amendment 7, allowing patient access to documents on adverse medical incidents, and the Federal […]
Florida Federal Judge Triples Award to $347 Million in Rare Whistleblower Case
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 1, 2017, a Florida federal judge tripled a $115 million damages award for the government to $347 million after a jury found that the operators of 53 nursing facilities submitted false claims to Medicare and Medicaid. […]
Licensed Health Professionals Should Have No Trouble Locating an Attorney/Legal Counsel Who Takes CPH & Associates (CPH&A) Insurance To Represent Them in Licensing Actions and Hearings
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from licensed health professionals who call and retain us to represent them in complaints against their professional licenses in investigations and formal licensure complaints. Often these professionals retain us after adverse disciplinary action has already […]
Virginia Medical Board Wins Appeal Concerning Doctor’s Revoked Medical License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, a Virginia appellate court ruled that a doctor’s state medical license was properly revoked for various reasons including allowing medical students to perform unauthorized medical procedures. The appellate court said the doctor’s due process […]
Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply […]
Accused of Irregular Behavior on the USMLE? Here’s What You Need to Know
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At The Health Law Firm, we frequently receive calls for consultations from medical students and medical school graduates who receive a letter from the National Board of Medical Examiners (NBME), concerning the United States Medical Licensing Examination (USMLE). […]
Florida Doctors and Pharmacists Beware: Gov. Scott Declares State of Emergency for Opioid Abuse Crisis
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 3, 2017, Florida Gov. Rick Scott declared a state of emergency to combat Florida’s opioid-addiction epidemic. According to the governor, the number of overdose deaths has reached epidemic proportions. This declaration will allow nearly $30 million […]
Florida Woman Who Performed Illegal Silicone Injections Sentenced After “Patient’s” Death
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 26, 2017, a Sanford, Florida, woman who performed illegal cosmetic silicone injections was sentenced to 11 years in federal prison. According to prosecutors, the illegal procedures done by Deanna Roberts, led to serious health problems and […]
Jury Awards $4.4 Million To Chicago Anesthesiologist Defrauded By Business Associate
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 9, 2017, a jury in Illinois awarded a Chicago-area anesthesiologist nearly $4.4 million. The jury unanimously agreed that his business associate defrauded him on a revenue sharing agreement and fraudulently reported his earnings to the Internal […]
Recommendations For Physicians Who Receive Notice of Investigation From the ABIM
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 2010, the American Board of Internal Medicine (ABIM) sanctioned 139 physicians for seeking out and sharing board examination questions with a testing preparation company. For the physicians involved in that cheating scandal, disciplinary action taken by the […]
CMS Drops Florida Nursing Home From Medicare Program After 14 Patients Died During Storm
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 12, 2017, federal health officials announced they are dropping a Florida nursing home from the Medicare program after 14 patients died allegedly as a result of the Hurricane Irma emergency. On Sept. 13, 2017, eight residents […]
Florida Board of Dentistry Makes Changes to Anesthesia Rules
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 13, 2017, The Florida Board of Dentistry updated rules and terminology for the use of anesthesia. The Board changed terminology from “conscious sedation” or “pediatric conscious sedation” to “moderate sedation” or “pediatric moderate sedation.” The updates […]
New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, […]
Federal Judge Rules Against Chicago Dermatologist Who Lied About Cosmetic Procedures
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 12, 2017, an Illinois federal judge ruled that a Chicago dermatologist convicted of passing off cosmetic procedures as medical treatments to insurance companies, is not entitled to a new trial. U.S. District Judge Harry D. Leinenweber […]
Orlando To Be Site for Opening of First Florida Medical Marijuana Dispensary
By Shannon McDonough, Legal and Marketing Intern Central Florida Making Strides Toward Medical Marijuana Acceptance. Central Florida has jumped on the bandwagon with the acceptance of the alternative medicine, medical marijuana. The first medical marijuana dispensary in Florida is opening within the next few weeks in Orlando. It will offer patients the option of medical […]
First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 8, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I […]
State of Florida Sued as DOH Fails to Grant New Pot Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 22, 2017, a plant nursery and a man who has epilepsy, filed suit alleging that it’s “high time” for the Florida Department of Health (DOH) to comply with a Florida constitutional amendment and its implementing legislation. […]