Legally Speaking: Psychologists, Mental Health Counselors, Social Workers and Therapists
Today begins a multi-part series focusing on the legal matters and needs concerning healthcare professionals, starting with those who practice in the field of psychology, including psychologists, Licensed Mental Health Counselors (LMHCs), Clinical Social Workers (CSWs) and Licensed Marriage and Family Therapists (LMFTs). Supervised by the Board of Psychology and the Board of Clinical Social […]
Medicare and Medicaid Audits of Psychologists and Other Mental Health Professionals – Part 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals. I have recently seen a number of audits initiated against psychologists and mental health […]
Your Professional Therapist License Is a Valuable Asset; Insure It!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Time and time again, I am contacted by mental health counselors, social workers, and other therapists who have worked hard for years, have paid tens of thousands of dollars for tuition, fees, books, and board, and made sacrifices […]
Department of Health and Human Services Announces Mental Health Parity Final Rule
By Lance O. Leider, J.D., The Health Law Firm On November 8, 2013, the U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius announced the promulgation of the agency’s final rule related to parity of coverage of mental health and substance use treatment. According to Sebelius: “For way too long, the healthcare system […]
New Mexico’s Largest Mental Health Providers Accused of Defrauding Medicaid Out of $36 Million
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For months now, 15 New Mexico behavioral health agencies have been the subject of a Medicaid fraud investigation. The state’s largest mental health providers had their Medicaid funding frozen by the New Mexico Human Services Department (HSD) due […]
Central Florida Mental Health Counselor Accused of Heading Up $3 Million Medicaid Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law A registered mental-health counselor is accused of running a $3 million Medicaid scheme through the mental health facility she owned, according to the […]
The 25 Biggest Mistakes Psychologists Make After Being Notified of a Department of Health 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 psychologist’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of […]
Do Not Voluntarily Relinquish or Give Up Your License or Allow it to Expire While Under Investigation or Pending Disciplinary Action
By Danielle M. Murray, J.D. Scenario: Psychologist, licensed mental health counselor, or other mental health professional has a license in State 1 where he or she lives and practices and also in State 2. A complaint is filed with the Department of Health, Professional Board, or other licensing authority in State 1. Rather than incur the […]
Medicare Fraud Lands More Than 30 Suspects Behind Bars in South Florida
By Dr. Thu Pham, O.D., Law Clerk On October 4, 2012, federal authorities arrested 33 suspects in South Florida for allegedly filing fraudulent Medicare claims totaling $205 million. Payment of bribes and kickbacks, as well as payments to patient recruiters were an issue in this investigation. To read the entire article from the Miami Herald, […]
Woman Admits to Defrauding Medicaid For Fake Mental and Behavior Health Services
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A North Carolina woman pleaded guilty on September 14, 2012, for her involvement in a health care scheme that allegedly defrauded Medicaid from 2008 to 2011 for fake mental and behavior health services. Through this scheme, she allegedly […]
Have You Received a Notice of Termination of Your Medicare Provider Number?
By Danielle M. Murray, J.D. Have you received a notice of termination of your Medicare provider number? Medicare has been revoking the Medicare provider numbers of many different Medicare providers including psychologists and other mental health providers, based on returned mail sent to old addresses which have not been updated or based on inspection team […]
Medicare and Medicaid Audits of Psychologists and Other Mental Health Professionals – Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals. I have recently seen a number of audits initiated against psychologists and mental health […]
Director of Center for Developmentally Challenged Adults Accused of Medicaid Fraud
By George F. Indest III J.D., LL.M., Board Certified by The Florida Bar in Health Law The director of a center for developmentally challenged adults in Okaloosa County, Florida, was arrested on August 16, 2012, for allegedly fraudulently billing Medicaid for more than $270,000 for services under the Medicaid Developmentally Disabled Waiver Program, according to […]
Two South Florida Doctors Convicted of Fraudulently Billing American Therapeutic Corporation (ATC)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A federal jury convicted two South Florida doctors, one Miami-area therapist, and two other individuals for their participation in a Medicare fraud scheme. The scheme allegedly involved more than $205 million in fraudulent billings by American Therapeutic Corporation […]
How to Prepare for an Informal Hearing Before the Florida Board of Clinical Social Work, Marriage & Family Therapy & Mental Health Counseling
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 Clinical Social Work, Marriage & Family Therapy & Mental Health Counseling, there are a number of facts that you will want to know […]
Mental Health Professionals Need to Know How To Handle Difficult Patients – Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Psychologists, mental health counselors, social workers, and other psychotherapists, because of the nature of their professions, will often encounter difficult, abusive, or obsessive clients/patients. It comes with the territory. The clients or patients to whom they are expected […]
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 […]
Mental Health Counselors, Psychologists, Social Workers and Family Therapists Should Be Sure They Carry Insurance to Cover Complaints Against Their Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law From our experience mental health counselors, psychologists, social workers and family therapists are at a high risk of having a client or patient file a complaint against them with their licensing board. Many of their clients/patients have mental […]