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 […]
Two Non-physician Pill Mill Owners in Florida Sentenced To Prison For Illegal Distribution Of Opioids
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 7, 2020, two owners of a medical practice in Tampa, Florida, were sentenced to federal prison time for their roles in the illegal distribution of opioids. U.S. District Judge Mary S. Scriven sentenced Ernest Gonzalez to 46 months […]
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 […]
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 […]
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 […]
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 […]
Florida Attorney General Focuses on Targeted Case Management Fraud
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Due to a rise in fraud across the system, the Florida Attorney General (AG), through the Medicaid Fraud Control Unit (MFCU), is directing its focus toward Medicaid targeted case management (TCM) services. TCM services were established to help […]
Orlando Pharmacists Arrested for Alleged Drug Trafficking
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 4, 2013, two Orlando-area pharmacists were arrested for allegedly dealing oxycodone. The Orlando Sentinel reported that these pharmacists co-owned a local pharmacy, which was searched by the Metropolitan Bureau of Investigation (MBI).This marks the fourth Orlando […]
20 Tips to Help You Survive Facing Peer Review for Your Hospital Clinical Privileges-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 As a licensed healthcare professional with hospital clinical privileges, you may be subject to a peer review or investigation. This could happen at some time in your career. It can be a simple one-time issue, from a patient […]