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Category: Our Blog

Don’t Ignore Florida Department of Health Complaints: Act Now

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I hear again and again from doctors, nurses, dentists, mental health counselors, and other health professionals that they received a letter from the Florida Department of Health (DOH) and did not respond to it. This is very dangerous, […]

DOJ Launches Whistleblower Rewards Program Inspired by Old West Posters

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified By The Florida Bar in Health Law Deputy U.S. Attorney General (DAG), Lisa Monaco, announced during her keynote speech at the American Bar Association’s 39th National Institute on White Collar Crime that the Department of Justice would be implementing a new whistleblower rewards program. According […]

Many Adverse NPDB Actions Are Reported That Should Not Be; Here Are Some Examples

We are constantly being contacted by physicians, nurse practitioners, and other licensed health professionals seeking to appeal adverse National Practitioner Data Bank (NPDB) reports.  Often, we find that an adverse report has been made when the matter should not have been.  Federal regulations and NPDB guidelines establish the types of incidents that are authorized to […]

FL Pharmacy Alleges Wrongful HHS PrEP Program Termination

On March 25, 2024, a Florida-based pharmacy alleged in a lawsuit it filed that the U.S. Department of Health and Human Services (HHS) abruptly cut it off from a federal program. This program provides free access to pre-exposure prophylaxis HIV-prevention (PrEP) medication for HIV patients. Turner Drugs filed a motion in the U.S. District Court […]

Florida Man Guilty in $36.2M Telemedicine Fraud

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 20th, 2024, the U.S. Attorney’s Office, in the Middle District of Florida, announced that a Florida man pled guilty to conspiring to commit health care fraud in a $36.2 million telemedicine fraud scheme. As part of […]

Dentists, What If You or Someone on Your Staff Tests Positive for COVID-19?

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 You or a member of your staff has a confirmed case of COVID-19. What now? Your primary concern is for the individual affected. However, as a health professional operating a professional practice, you also have a […]

Health Law Attorneys Available for Expert Witness Work

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Health Law Firm has a number of experienced health law attorneys who are available as experts to provide opinions and testify as expert witnesses and to speak with newspaper and other media reporters and representatives on various issues, providing background, color, information and […]

Recent Reactionary Law Requires Florida Health Records To Be Maintained Inside U.S.

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 July 1, 2023, an amendment to the Florida Electronic Health Records Exchange Act went into effect that prohibits any storage of health care data outside the continental United States, United States territories, or Canada. The amendment came from […]

Florida Lawyer Says AHCA Medicaid Final Orders Must Be Accessible Online

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida’s Agency for Health Care Administration (AHCA) has come under fire for failing to make Medicaid final orders easily accessible to the public. On April 11, 2023, an attorney asked a Florida appeals court to revive her suit against AHCA, trying to force AHCA into compliance […]

20 Tips for Medicare Audit Preparation & Contractor Visit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law When a healthcare provider receives notice of an audit or site visit from Medicare, the Medicare Administrative Carrier (MAC), or the Integrity Contractor, they must act quickly. These auditing organizations tend to move swiftly, with little warning and even less opportunity for preparation.  Below is […]

Jury Finds Miami Clinical Drug Trial Company Not Guilty in Research Fraud Case

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law On May 19, 2023, jurors rendered a verdict to federal prosecutors in a trial against executives from a Miami clinical drug trial company and a local doctor. The CEO of Tellus Clinical Research and one employee were found not guilty […]

What To Know About the New Proposed HIPAA Privacy Rule Changes

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 12, 2023, the United States Department of Health and Human Services (HHS), through its Office for Civil Rights, proposed a rule to strengthen the protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed rule would prohibit using or […]

Finding a Lawyer Who Takes CPH & Associates Insurance

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Our firm often gets calls from nurses and other health professionals who retain us to represent them in complaints against their licenses or in professional licensing complaints and investigations. This includes investigation letters from the Florida Department of Health (DOH), D.C. Health or Louisiana State Board.  […]

Doctor’s Opioid Convictions Tossed After Supreme Court Ruling on Intent

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 3, 2023, a federal appeals court overturned the conviction of a doctor accused of unlawfully prescribing opioids after the U.S. Supreme Court issued a ruling making it harder to prosecute such cases. The Denver-based 10th U.S. Circuit Court of Appeals […]

$43 Million False Claims Act Jury Verdict Against Ophthalmology Group

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 28, 2023, a federal civil jury returned a verdict against an ophthalmology group in favor of the United States for more than $43 million for violations of the False Claims Act (FCA) and Anti-Kickback Statute (AKS). During the six-week trial, the jury […]

Centene Pays California $215 Million in Alleged Medicaid Overbilling Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 8, 2023, Centene Corp. agreed to pay more than $215 million to the state of California over allegations that Centene overcharged the state for pharmacy services. It is the biggest payout to date by the nation’s largest Medicaid insurer over its drug […]

USMLE Step Exam: Tips For Higher Scores

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Here are some common-sense tips you should be sure you follow that may help you to reduce stress and score higher when you take your United States Medical Licensing Examination (USMLE) Step examinations. You should be doing everything within your control to […]

Physician Found Guilty of Re-Using Single-Use Devices During Surgeries

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 27, 2023, a North Carolina doctor was found guilty of re-using “unsanitary” medical equipment meant for one-time use on unsuspecting patients during surgeries, the U.S. Department of Justice (DOJ) announced. After a three-week federal jury trial, she was found guilty […]

Are You a VA Physician Notified of Possible NPDB Report–What To Do

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law When there is a Federal Tort Claim filed against the Veterans Administration (VA) on behalf of a patient, the physicians, nurse practitioners, mental health counselors and other health professionals involved in the care will usually be asked for a statement regarding their role in the care. Be […]

Federal Agents Charge 25 Individuals in Fake Nursing Diploma Scheme in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 25, 2023, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) launched a multi-state coordinated law enforcement action to apprehend individuals engaged in a scheme to sell false and fraudulent nursing degree diplomas and transcripts. The enforcement action […]

FTC Proposes Rule to Ban Noncompetition Clauses in Employer Agreements

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a precedent setting move, on January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban noncompetition clauses in employment agreements as an unfair method of competition. According to the FTC, noncompetition agreements (also referred […]

Florida EHR Vendor Pays $45 Million in Whistleblower Case Alleging Kickbacks, FCA Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 1, 2022, the Department of Justice (DOJ) announced that a Florida electronic health record (EHR) vendor would pay $45 million to resolve claims that it violated the False Claims Act (FCA) and Anti-Kickback Statute (AKS). The Justice Department alleges that Modernizing Medicine, Inc. (ModMed) […]

Supreme Court To Review Scope of Identity Theft in Medicaid Fraud Case

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 10, 2022, the U.S. Supreme Court announced that it would weigh in on what it means to commit identity theft.  In the case the Supreme Court accepted for review, the petitioner, a managing partner at a psychological services company, […]

When the DEA Comes Knocking: 15 Tips To Remember For a “Routine” DEA Inspection

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As the United States continues to open back up from the COVID-19 shutdown, the Drug Enforcement Agency (DEA) is resuming on-site routine inspections.  Therefore, health care professionals must ensure compliance and regulatory efforts are in place. This is part 1 of a 2 part […]

New Florida Legislation Allows Pharmacy Technicians to Administer Immunizations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 1, 2022, Florida passed HB 1209, which now allows registered pharmacy technicians to administer immunizations to patients.  The new law authorizes pharmacy technicians to seek certification to provide immunizations and become “Certified Registered Pharmacy Technicians.” These pharmacy technicians will then be allowed to administer all vaccines […]

Centene to Pay Washington State $19 Million to Settle Fraud Allegations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 24, 2022, managed healthcare company, Centene Corporation, agreed to pay $19 million to the State of Washington to settle fraud allegations. Centene owns and operates Sunshine State Health Plan, d/b/a Sunshine Health, in Florida. In addition, it has been reported that […]

Have You Received an OIG Subpoena From the DOH? Follow These Steps!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The U.S. Department of Health and Human Services (HHS) issues investigative subpoenas through the Office of the Inspector General (OIG). This agency investigates allegations of fraud, waste, and abuse against Medicare, Medicaid, and other federally funded healthcare programs. These subpoenas are very broad, usually requiring the […]

DOJ Drops Charges in Opioid Case After Supreme Court Ruling

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 12, 2022, the U.S. Department of Justice (DOJ) announced that it dropped charges against the remaining defendants in a case against a former Ohio drug distributor. In 2019, Miami-Luken, two of its executives, and two pharmacists had been charged with […]

Beware Of the Negative Consequences After Discipline on Your Professional License, Part 1 of 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Do you have a medical, pharmacist, counselor, or nursing license in more than one state?  Do you have a license in more than one profession?  Have you been notified that an investigation has been opened against your professional license?  Are you thinking about resigning your professional license or […]

Doctor Acquitted in $85 Million Medicare Fraud Scheme Requests Reimbursement of Legal Expenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 12, 2022, a doctor acquitted in a $85 million Medicare fraud scheme filed a motion in the U.S. District Court for the Eastern District of New York requesting prosecutors cover the legal fees and expenses she incurred. Mayura Kanekar, a Brooklyn-based doctor, claims […]

Exemptions for Employment Disqualification By the Agency for Health Care Administration (AHCA) for Health Professionals in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida law requires that health professionals (including physicians, nurses, physical therapists, nurse practitioners, professional counselors and social workers, among others) obtain a Level 2 background screening prior to working in a facility licensed by the Agency for Health Care Administration (AHCA).  This includes third and fourth year medical […]

U.S. Government Renews Coronavirus Public Health Emergency, Extending Health Benefits for Americans

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 15, 2022, the United States once again renewed the COVID-19 public health emergency, allowing millions of Americans special access to free tests, vaccines, and treatments. The public health emergency was initially declared in January 2020, when the coronavirus pandemic began. Since then, […]

Follow These Rules To Proactively Safeguard Your Mental Health Professional License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Licensed mental health counselors, psychologists, and other mental health care professionals are potential targets of licensure complaints from clients in any practice setting. Many legal situations and cases arise because the therapist has strayed over the line and crossed the therapist-client boundary. In reviewing […]

Supreme Court Weighs Physician Intent in “Pill Mill” Physician Criminal Prosecutions Under the Controlled Substances Act

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physicians and other healthcare professionals usually have broad scope to prescribe most drugs, including potentially dangerous ones.  However, over the past decade, many limits, often imposed arbitrarily through criminal prosecutions or drastic administrative sanctions, have been used to impose limits. The […]

Former Florida Radiology Group Employee Files Class Action, Alleges Stock Value Plan Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 15, 2022, a participant in a Florida-based radiology chain’s employee stock plan filed a federal lawsuit in Florida, accusing company executives of scheming to drain the plan’s value for their personal benefit. The former employee of Advanced Diagnostic […]

Helpful Tips to Avoid Healthcare Fraud Prosecutions

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physicians who are approached by non-physicians seeking to entice them into business ventures that make money quickly, should be very leery.  If the business venture offers good financial compensation for little or no work, RUN! Most often those involved in criminal […]

Governor of Mississippi Signs Medical Marijuana Legalization Bill Into Law

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 2, 2022, the Gov. of Mississippi signed the “Mississippi Medical Cannabis Act” legalizing medical marijuana in the state. The law permits the use of medical cannabis to treat certain debilitating medical conditions, including cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, […]

How Will Florida’s DNA Privacy Law (HB 833) Affect Healthcare Providers?

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law On June 29, 2021, Florida Gov. Ron DeSantis signed into law HB 833, known as the “Protecting DNA Privacy Act,” which took effect in Florida October 1, 2021. Under the act, collecting or submitting another person’s DNA sample for […]

National Practitioner Data Bank (NPDB) Disputes and Appeals: Fight Back Against Adverse Reports

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The National Practitioner Data Bank (NPDB), created in 1986, was part of the Health Care Quality Improvement Act (HCQIA). Its purpose is to improve the quality of health care by encouraging state licensing boards, hospitals, health care entities, and professional societies to report into a national data bank those physicians and health professionals who demonstrate […]

10 Biggest Mistakes Physicians Make That Cause DOH Complaints

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In representing healthcare professionals in complaints against their licenses, we see similar cases repeatedly. The physician could have avoided many Department of Health (DOH) complaints that may wind up before the Board of Medicine. These are the ten biggest mistakes […]

Court Assesses $170 Million in Penalties For False Claims Against Two Texas Ophthalmologists and Their Clinic

On November 18, 2021, the Justice Department announced that two Texas ophthalmologists and their eye clinic must pay millions of dollars in penalties for fraudulently billing Medicare. The penalties were assessed in connection with their evaluation and treatment of glaucoma. U.S. District Judge Lynn Hughes assessed $170 million in penalties against the ophthalmologists and their eye […]

Medical Staff Fair Hearings and Peer Review Investigations: Fair Hearings Not Always Fair, Part 2

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, nurse practitioner, psychologist, clinical pharmacist, oral surgeon, ophthalmologist, or other licensed health professional with clinical privileges in a hospital, chances are that one day you will be subject to a peer review investigation or Medical Staff Fair Hearing.  It may be a simple one-time matter based […]

Formal vs. Informal Florida Board of Medicine Hearings: What’s the Difference?

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 health care professionals regarding the possibility of representing them on short notice at a Board hearing or at a deposition related to a health care matter. Often you will find that merely having an experienced attorney to represent you at a […]

Florida Medical Board Meetings: Beware of Surprise DEA Visits

By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law At several recent Florida Board meetings, after hearings at which disciplinary cases were considered by the Board, Drug Enforcement Administration (DEA) agents approached the health professional.  Even in instances where the physician was represented by a health law attorney and he/she was present, the DEA agents confronted the […]

Alabama Doctors’ Pill Mill Convictions Get U.S. Supreme Court Review

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 5, 2021, the U.S. Supreme Court agreed to hear the appeals of two doctors who were convicted of running a massive opioid “pill mill” operation at their Alabama clinic known as “Pain Specialists of Alabama.” An Alabama federal jury found […]

Pennsylvania Hospital Asks Court To Dismiss FCA Suit For Billing Simultaneous Surgeries

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 2, 2021, the University of Pittsburgh Medical Center (UPMC) urged a Pennsylvania federal court to dismiss allegations that its physician and star surgeon submitted false medical billings. Last month, the U.S. Justice Department filed a lawsuit alleging that […]

On the Medicare Exclusion List? Get Off of It!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often a physician, dentist, nurse, or other health professional will be placed on the Medicare List of Excluded Individuals and Entities, or the LEIE. This can occur because of a state licensing board action against them, a conviction involving a health-related crime, failure to repay a […]

Utah Nurse Must Face Wrongful Death Suit Says 10th Circuit Court of Appeals

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 3, 2021, the United States 10th Circuit Court of Appeals reversed, in part, a Utah court’s decision concerning a wrongful death suit on behalf of a 21-year-old inmate.  The court’s  decision affirmed that the jail’s doctor could claim qualified immunity. […]

18 Former NBA Players Indicted For $4 Million Fraud Scheme

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, 18 former NBA players were charged in New York federal court for an alleged health insurance fraud scheme to rip off the league’s benefit plan, according to an indictment filed in the Southern District of New York.  The defendants […]

Court Says Former Nurse Can Sue VA Hospital for Malpractice

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 29, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a former federal employee can sue the United States under the Federal Tort Claims Act (FTCA). The suit alleges medical negligence that occurred during psychiatric treatment for […]

Florida Governor Signs Bill Requiring Licensure of Genetic Counselors

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 21, 2021, Florida Gov. Ron DeSantis signed a new law into a bill requiring genetic counselors to be licensed by the Florida Department of Health (“FLDOH”). The Florida Department of Health, Genetic Counseling, was established to ensure that every genetic counselor […]

FBI Denies Claim That Harvard Researcher Requested a Lawyer During Fraud Interrogation

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law On August 6, 2021, federal prosecutors pushed back on claims that government agents tricked a Harvard University professor into making incriminating statements during his interrogation by federal agents. Agents with the Federal Bureau of Investigation (FBI) said a Harvard […]

Office of Inspector General (OIG) Adds New Areas on Annual Work Plan

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Every year the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS), publishes a “Work Plan” disclosing the areas of health practice upon which it intends to concentrate its audit and anti-fraud activities for the upcoming year. This gives a “heads […]

How Much Will My Legal Defense in a Hospital Medical Staff Peer Review Fair Hearing Cost?

By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law If you are a physician, nurse practitioner, oral surgeon, dentist, or other health professional with clinical privileges in a hospital, you may face a situation where you are required to defend yourself at a “fair hearing.”  A “fair hearing” is held by the hospital‘s medical staff pursuant […]

Military Non-judicial Punishments or Article 15 Proceedings Are Not Criminal Convictions–Military and Former Military Physicians, Dentists and Nurses Should Know This

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Our firm represents many military and former military health professionals. We are often asked how a non-judicial punishment or Article 15 proceeding will be treated for license applications, clinical privileges applications, and background screenings. Article 15 Non-judicial Punishment Is Not the Same as a Court-martial or […]

Florida Court Sides With University of Miami, Says It’s Immune To Medical Malpractice Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 28, 2020, a Florida appeals court tossed out a medical malpractice suit accusing a University of Miami doctor of providing negligent treatment at a public teaching hospital. A panel of the Florida Third District Court of Appeal upheld a circuit judge’s ruling that […]

Former Employee Claims Disability Discrimination In ADA Suit Against Kaiser Permanente

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 4, 2020, a former employee of Kaiser Permanente Insurance filed a class-action suit in the U.S. District Court for the Northern District of Georgia, claiming discrimination.  She says the company required her to take a “competency test” to determine if she […]

Three People Charged For $109 Million Scheme to Defraud Medicare, HIPAA Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In October 2020, Massachusetts federal prosecutors charged three people for their alleged roles in a multi-million dollar plot to defraud Medicare. Two individuals allegedly collected patient data and sold it to the purported mastermind, who used it to submit $109 million in false claims. […]

AdventHealth Reaches Settlement For COVID-19 PPE Fraud Claims

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 23, 2021, a federal court in Orlando, Florida, ruled that Adventist Health System Sunbelt (now known as AdventHealth, and which owns Florida Hospital, among others) could pursue claims it has over a bad $57.5 million deal to buy personal protective equipment […]

Applying for a Medical License? Follow Our Helpful 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 medical 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 due to the investigation of credentials and past […]

Physicians and Nurses: Follow These 30 Tips for Professional Correspondence

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I review many letters, e-mails, memoranda, and other types of correspondence prepared by my physician and nurse clients during my legal representation. These come to me often because of a dispute with a hospital, their peers, an insurance company, law suit filed by a patient, a […]

Florida Eye Doctor’s Request for New Medicare Fraud Trial Rejected

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 U.S. Eleventh Circuit Court of Appeal judges upheld a 17-year prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his […]

DOJ Charges 345 People Allegedly Involved in More Than $6 Billion in Fraud Related to Telemedicine, Opioid Prescriptions

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In September 2020, federal prosecutors charged 345 doctors, nurses, and other medical professionals allegedly involved in more than $6 billion in healthcare fraud. It is considered the largest Health Care Fraud and Opioid Enforcement Action in the Department of Justice’s history (DOJ). The […]

Woman Posing as Nurse Sentenced to Prison For Health Care and Wire Fraud, Identity Theft

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 23, 2020, a Tennessee woman who posed as a nurse working at several medical facilities was sentenced to more than four years in prison.  In December 2019, she pled guilty to wire fraud, healthcare fraud, identity theft, and practicing nursing without […]

Certifying Emotional Support Animals and Protecting Your License, Part 1 of 3

By Amanda I. Forbes, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law In today’s stress-filed world if you are a mental health counselor or other professional counselor, it is likely that you will encounter a client seeking to obtain an Emotional Support Animal (ESA) designation letter from you. Providing such a letter may cause […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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