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Category: Nursing Law Blog

Nurses: Locate a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Cases

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 […]

Indiana Nurses Fired for Refusing to Get Flu Shots

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The warnings have been loud and clear from the Centers for Disease Control and Prevention (CDC). This influenza season is off to an early and serious start. With that in mind, a number of states are requiring all […]

The Collateral Effects of Discipline on Your Nursing License

By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A. A case involving an arrest or a conviction involving alcohol abuse (DUI/public Intoxication) or drugs (possession, diversion, theft, trafficking) will probably result in an emergency suspension order (ESO) until the entire licensure case is complete. B. Client may […]

Nursing Liability and Nursing Malpractice – Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In this blog I discuss the concept of nursing malpractice. It is the second blog of my two-part series. To read part one, click here. The Duty of Reasonable Care. The plaintiff must first show that the nurse […]

Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse practitioners (CRNPs) and nurse midwives (NMs) has received Nurses Service Organization (NSO) insurance, has had a legal […]

Nurses Fight for Lawmakers to Relax Laws Requiring Doctors to Oversee Their Work

By Carole C. Schriefer, R.N., J.D., The Health Law Firm and George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There’s a controversial tug-of-war in the health care industry. According to The Washington Post, in 11 states nursing groups are pushing legislation that would permit nurses with master’s degrees […]

Traveling Nurses Must Have Appropriate Professional Liability Insurance

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are often asked what we consider to be the biggest problem that a nurse has in defending herself in a complaint against her license.  In our opinion, it is not having the financial resources to retain the […]

Florida Woman Uses Forged License to Practice Nursing

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Florida woman allegedly used a fake state nursing license to pose as a nurse and then treat patients at their homes, according to the Lake County, Florida, Sheriff’s Office. The woman is accused of treating patients at […]

Other Options Must Be Considered Before Emergency Suspension Order Will Be Upheld

The Department of Health (“DOH”) issued an emergency order suspending Burton’s license to practice nursing. On appeal, the court quashed the emergency order. It held that DOH had failed to examine other disciplinary options available to it short of suspension. While recognizing DOH might be able to support license suspension as an appropriate penalty, it […]

Florida Nurse Practitioners Fight for Autonomy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 18, 2014, a bill that would expand the authority of nurse practitioners and would allow some to practice independently of physicians was approved by the Florida House Select Committee on Health Care Workforce Innovations. Despite opposition […]

Your Professional Nursing License May Be Your Most 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 Suppose you had an item that you really wanted but was very expensive.  Suppose this item cost you $80,000.  Perhaps you took out a loan in order to pay for the item. Suppose in addition to paying $80,000 […]

Join Us for Florida Laws and the Nurse: New Licensure Requirement

Join Joanne Kenna nurse attorney with The Health Law Firm and the Greater Orlando Chapter of the American Association of Legal Nurse Consultants for: FLORIDA LAWS AND THE NURSE – NEW LICENSURE REQUIREMENT:  Keep Your Patients Safe and Protect Your Nursing License PROGRAM OBJECTIVES The purpose of this is course is to provide nurses with […]

Crack Down on Unlicensed Practice of Nursing by Florida Department of Health

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida in Health Law The Florida Department of Health (DOH) recently made a presentation regarding its increased investigation and prosecution of the unlicensed practice of nursing and other health professions. More resources and more investigators are being assigned to this duty. The Department […]

South Florida Nursing Home Chain to Pay $17M in Whistleblower Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Miami-based nursing home chain has agreed to pay a record $17 million to settle a False Claims Act suit that was brought by its former Chief Financial Officer (CFO). The United States Attorney’s Office claims that Plaza […]

Is Your Smart Phone HIPAA Compliant?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Identity theft is at an all-time high, and the health care industry is at exceptional risk. It’s no mystery that a patient’s health file contains all the pertinent information required to successfully steal a person’s identity, including the […]

Detroit Medical Center Agrees to Pay $42M to End Long-Running Antitrust Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A month before trial was set to begin, Detroit Medical Center (DMC) agreed to pay $42 million to end a nine-year antitrust class action lawsuit. The suit was brought by nurses accusing eight Detroit area hospitals of conspiring […]

Nonprofit Teaching Hospital Agrees to Pay $850,000 in HIPAA Settlement

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Massachusetts-based Lahey Clinical Hospital Inc. (Lahey) recently entered into a settlement agreement with the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) to resolve potential violations of the Health Insurance Portability and Accountability […]

FTC Again Addresses State Legislators to Reconsider the Impact of State Regulations on APRNs’ Scope of Practice

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two weeks ago, the Federal Trade Commission (FTC) submitted written comments on the competitive impact of a legislative proposal to modify the supervision requirements imposed on Advanced Practice Registered Nurses (APRNs), sometimes called Advanced Registered Nurse Practitioners (ARNPs), […]

Increased Florida ARNP Prescriptive Authority to Include Controlled Substances

By Joanne Kenna, R.N., J.D., The Health Law Firm Under new law passed just this month, Advanced Registered Nurse Practitioners (ARNPs) in Florida will be able to prescribe controlled substances beginning January 1, 2017. This increased prescriptive power will be permitted under the supervision and protocol requirements that already exist for ARNPs, and will require […]

Big Surprise! California Doctors And Hospitals Can’t Agree Over Role Of Nurse-Midwives

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 8, 2016, a California bill was announced that would allow certified nurse-midwives (CNMs) to practice in hospitals independently. It is apparently upsetting many of teh state’s physicians. The California Hospital Association and the California Medical Association […]

It Is Always a Bad Idea For Nurse 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 mental health professionals, I have defended clients involved in many different situations. Several of these seem to be problem areas which we see repeatedly. Following is […]

Do You Know What A Compromised Physician or Health Care Provider Is?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law What is a “compromised physician” or “compromised health provider”?  It may not be what you think it is. This term is used from time to time to refer to health professionals, physicians and health facilities whose identities and […]

Nursing Malpractice Insurance

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There are articles out there on why nurses should not buy professional liability insurance. However, in our opinion, there are many excellent reasons why every practicing nurse should carry professional liability insurance. Most articles on this issue take […]

This Is One Thing You’ll Definitely Want to Check On: Medicare Administrative Contractor and Other Contractors Continue to Penalize Medicare Providers Who Do Not Have Correct, Current Address Information on File

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We continuously receive calls from physicians and other Medicare providers who have had their Medicare billing privileges revoked or terminated because their address information is not up to date or is incomplete.  You must include a physical address […]

Whistleblower 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 […]

Miami Woman Gets 4 Years in Prison for Illegal Silicone Injection Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 20, 2017, a Florida federal judge sentenced a Florida woman to more than four years in prison for her part in a conspiracy to inject non-medical silicone into the buttocks of hundreds of spa customers. U.S. […]

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