Texas Hospital’s Vaccination Mandate For COVID-19 Upheld by Federal Court
By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law As some states lift COVID-19 restrictions, the business community is still grappling with the dynamic between the COVID-19 vaccine and workplace operations. To address this, some U.S. employers have elected to adopt mandatory vaccination policies. These policies, […]
Massage Therapists-You MUST Obtain License Complaint Defense Coverage Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I am often called on to represent massage therapists accused of sexually molesting a client during the course of the massage or for offering sex to an undercover agent. Most often, this type of case comes to us […]
Humana Agrees To Pay $11.2 Million to End Nurses’ Overtime Suit
By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law On September 27, 2021, Humana agreed to pay $11.2 million to end claims that the health insurance company denied a group of nurses overtime pay by misclassifying them as exempt employees. A Wisconsin federal judge approved the […]
Department of Health Quarterly Report Released Covering Through March 2021
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health’s Quarterly Performance Report (QPR) for the Third Quarter of Fiscal Year 2020-2021, was recently released. It provides information and statistics on actions involving licensed health professionals through March 2021. Scope of the Florida […]
A Criminal Record Can Prevent You from Obtaining Your License in Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Someone arrested for a criminal offense knows that it can lead to a criminal record that may or may not be on your record for the rest of your life. However, once you pay your fine and carry […]
Types of Disciplinary Actions Taken By the Board of Massage Therapy
By Castillana F. Duvernay, J.D. The Florida Board of Massage Therapy can take disciplinary actions against you and your massage establishment if you are not adhering to the rules and regulations set forth by the Board of Massage Therapy and the statutes that govern the practice of massage. We see common themes and issues that […]
How Medical Information Bureau (MIB) Reports Can Affect Your Insurance Policy Rates
By Amanda I. Forbes, J.D. When you apply for insurance, an insurance company will look at various factors regarding your history to determine how much your insurance policy will cost. Most insurers obtain a report from the Medical Information Bureau (“MIB”) and use this in determining the risk you pose and, hence, your policy premium. […]
Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony
By George F. Indest III, J.D., M.P.A, LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm On June 21, 2023, the Court of Appeals of Iowa overturned the verdict in a nursing home negligence case that awarded $6 million in compensation and damages to the […]
Harvard Med School Morgue Director Allegedly Sold Body Parts, Class Action Alleges
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a morbid but extremely popular class action lawsuit filed on June 16, 2023, illegal body parts sales was alleged. The lawsuit against Harvard University contained allegations that its morgue manager was selling body parts from 350-400 donated […]
Medications and Substances that Mimic Prohibited Drugs on Urinalysis Drug Tests (Part 1 of a Blog Series)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In representing nurses and other licensed health professionals, we constantly discuss positive drug screenings, usually from employer-ordered drug testing, with our clients. These clients include nurses, pharmacists, dental professionals, mental health counselors, therapists, etc. Often these individuals need […]
Court Allows New York Doctor To Subpoena Yelp for User Information in Defamation Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor […]
From the archives: CMS Using Medicare Termination to Squash Doctors Involved in Overprescribing Opioids
Previously published on February 11, 2022By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Recently it has come to our attention that there may be a nationwide effort by the Centers for Medicare and Medicaid Services (CMS) Medicare Administrative Contractors (MACs) to squelch physicians who prescribe opioids […]
Law Aimed at Healthcare Professional Background Screening Passed in Florida
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 […]
Impaired Practitioner Programs: What Happens if You’ve Been Accused?
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 helping others, physicians and other health professionals sometimes find that they are the ones being pushed toward a treatment program. Long hours, heavy workloads, and stress among health care professionals can sometimes […]
Are You Applying for a Massage Therapist or Health Professional License? Follow Our Tips
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The process of obtaining a massage therapist or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process […]
Healthcare Providers, 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, […]
Law Passed in Florida Aimed at Healthcare 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 […]
Insurer Faces Possible Class Action Over Rejected Pandemic Business Interruption Claims
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 14, 2020, several companies announced they are considering a class action lawsuit against Hiscox Insurance over its failure to pay business interruption claims relating to the coronavirus lockdown. Hiscox, sold policies before COVID-19 hit. The policies […]
Got a Complaint Against Your Massage Therapist or Physical Therapist License? You Need an HPSO Insurance Attorney to Defend You
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many massage therapists and physical therapists carry professional malpractice insurance through the Healthcare Providers Service Organization (HPSO) or one of the other similar professional liability insurance companies. What they may not realize is that their insurance will pay […]
Finding a Healthcare Provider Service Organization (HPSO) Insurance Attorney to Defend you in a Complaint Against Your Mental Health Counselor or Social Workers License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many licensed mental health counselors (LMHCs), licensed clinical social workers (LCSWs), licensed marriage and family therapists (LMFT), and other mental health professionals carry professional malpractice insurance through the Healthcare Providers Service Organization (HPSO) or one of the many […]
Massage Therapists: Please DON’T Talk to the DOH Investigator Before Your Attorney!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Massage therapists, I beg you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or […]
Florida Gov. Pulls Large Number of Appointments Made by Predecessor, One from Board of Acupuncture
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. One of these was to the Florida Board of Acupuncture. This is not the first time he has […]
The Most Common Cases The Health Law Firm Takes
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law One of the most common questions we get asked by doctors and lawyers alike, is about the types of cases our firm takes. They often mistake the practice of health law as medical malpractice defense. However, this is […]
The Do’s and Don’ts When Applying for a Massage Therapist License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The process of obtaining a massage therapist license can be challenging and time consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to […]
Overcoming License Suspension and Revocation Pending Appeal
By Lance O. Leider, J.D. If you are a doctor, nurse, dentist, psychologist, pharmacist, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. Ordinarily, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals with […]
Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many massage therapists, when confronted with an investigation against their license, do not fight the charges, sometimes they decide it is cheaper and easier just to give up their license. Either choice is likely to be a mistake. […]
Finding an Attorney/Lawyer Who Takes CPH & Associates (CPH&A) Insurance To Represent Massage Therapists in Complaint Investigations
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 massage therapists who call and retain us to represent them in complaints against their masage therapy licenses in professional licensing complaints. This includes letters from the Department of Health (DOH) advising them that they […]
Florida Suspends the Licenses of 81 Massage Therapists
By Joanne Kenna, J.D., R.N., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law According to a number of sources, state authorities have announced the suspension of more than 80 massage therapists’ licenses, who appear to have fraudulently obtained their licenses with the help of an employee […]
CRIMINAL LAW: Search and Seizure—Probable Cause for Search in Light of—Enactment of Medical Marijuana Law
The guest author of this article is Mark Rieber, Senior Attorney, National Legal Research Group. In Commonwealth v. Canning, 28 N.E.3d 1156 (Mass. 2015), the court held as a matter of first impression that with the Commonwealth’s new medical marijuana law (“the Act”) in effect, if the police seek a warrant to search a property […]
Please, Please, Please Do NOT Talk to the Department of Health (DOH) Investigator
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Massage therapists, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond […]
After Discipline on Your Massage Therapy License or Resignation of a Massage Therapy License After Notice of Investigation, What Happens Next?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Do you have massage therapy licenses in several states? Do you have a license in more than one health profession? Have you been notified that an investigation has been opened against you? Are you thinking about resigning or […]
The Health Law Firm Attorneys Often Represent Massage Therapists in Last Minute Depositions and Hearings
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Our attorneys often receive calls from massage therapists regarding the possibility of representing them on short notice at a Board of Massage Therapy hearing, or at a deposition related to a health care matter. We Take Last Minute […]
Florida Massage Therapist Charged in Sexual Battery Case Following Several Complaints
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 24, 2016, a South Florida massage therapist was charged with sexual battery after being accused of assaulting a client during a session in February 2016. The therapist who allegedly worked at Chi Spa in Pompano Beach, […]
Holding off a Professional License Revocation or Suspension During Appeal
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a physician, dentist, nurse, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. As a matter of course, […]
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
[fusion_builder_container hundred_percent=”no” equal_height_columns=”no” menu_anchor=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” background_color=”” background_image=”” background_position=”center center” background_repeat=”no-repeat” fade=”no” background_parallax=”none” parallax_speed=”0.3″ video_mp4=”” video_webm=”” video_ogv=”” video_url=”” video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” overlay_color=”” video_preview_image=”” border_size=”” border_color=”” border_style=”solid” padding_top=”” padding_bottom=”” padding_left=”” padding_right=””][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” border_position=”all” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” […]
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 […]
Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the […]
How to Prepare for an Informal Hearing Before the Florida Board of Massage Therapy
By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law If you are scheduled to appear for an informal hearing before the Florida Board of Massage Therapy, there are a number of facts that you will want to know in order to be properly prepared. This article will […]
25 Mistakes Massage Therapists Make After Being Informed of a Department of Health (DOH) Complaint
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a complaint which could lead to the revocation of a massage therapist’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department […]
Suspended Florida Massage Therapists are Being Asked to Voluntarily Relinquish Their Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Christopher E. Brown, J.D. On September 19, 2012, Florida state authorities announced the suspension of more than 80 massage therapists’ licenses. They are accused of fraudulently obtaining their licenses based on fake documentation obtained from a staff […]
Department of Health Licensees Have Statutory Duty to Update Addresses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A recent case involving the Florida Department of Business and Professional Regulation (DBPR) demonstrates how important it is for all professional licensees, including Department of Health (DOH) licensees, to immediately update their addresses with the licensing agency when […]
Florida Board of Massage Therapy Revokes More Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health (DOH) Board of Massage Therapy met in Sunrise, Florida, on January 24 and 25, 2013. During the meeting the Board held disciplinary hearings to determine, among other matters, the fate of a number […]
Massage Therapists (LMTs) and Massage Therapy Assistants: What You Don’t Know About Legal Matters Can Hurt You
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The attorneys of The Health Law Firm represent Licensed Massage Therapists (LMTs) and Massage Therapy Assistants in a number of different legal matters. We appear before the Board of Massage Therapy. We represent massage therapists and massage therapy […]
Florida Statute on Massage Therapy Establishments: Employees Must Present Documentation to Department of Health and Law Enforcement Agencies
By Lance O. Leider, J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Currently there is a fight in Florida, headed by the Attorney General (AG), to stop human trafficking. AG Pam Bondi has worked to make Florida a zero-tolerance state for […]
Deadline Looming: New Fingerprint Requirement for Florida Massage Therapists
By Lance O. Leider, J.D., The Health Law Firm You can run, but you can’t hide. During the 2014 Legislative Session CS/HB 1065 was passed. This law requires all new applicants and existing massage therapists and establishment owners to submit digital fingerprints. The law has been in effect since July 1, 2014 for new licenses. […]
Orlando Chiropractor Faces 50 Years in Prison for PIP Scam
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An Orlando health clinic owner and one other person were recently arrested on charges of defrauding multiple insurance companies and payers, according to the Florida Division of Insurance Fraud. Dr. Troy Godsey of Spine Health Solutions, P.A., allegedly […]
Texas Massage Worker Arrested For Offering Sexual Services During Undercover Police Sting
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 15, 2016, law enforcement authorities executed a search warrant at Accu Therapy Massage, a massage parlor in Odessa, Texas, suspected of offering customers illicit sexual favors for money, Odessa Police said. A 48-year-old woman was suspected […]
Good Professional Liability Insurance with Broad Coverage For Massage Therapists
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Insurance is an essential for all massage therapists whether you’re an independent contractor, an employee of a chiropractor, physician or spa, or you travel to clients’ homes. Not only can professional liability insurance protect you in the event […]
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Massage Therapists
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 Board of Massage Therapy, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an […]