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Category: The Health Law Firm Blog

Beware of “Your License is Suspended” Telephone Extortion Scam

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I was recently contacted by a nurse practitioner client of mine who had received an alarming telephone call on her cell phone from someone identifying himself as a criminal investigator with the Florida Board of Nursing. She is […]

Don’t Ignore Florida Department of Health Letters: 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’s New Wanted Poster Rewards Program for Whistleblowers Mimics Old West

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 […]

Nursing Students Sue Florida College For Deceptive NCLEX Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Four nursing students from HCI College (formerly Health Career Institute) in Florida filed a federal class action lawsuit against the school. The students claim the school conducted a “malicious scheme” to block 95% of students from graduating and […]

Florida Surgeon, Device Company Owner Arrested For Paying Bribes, Kickbacks

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 7, 2021, federal prosecutors announced the arrest of a Florida surgeon and owner of device company SpineFrontier Inc on charges of bribing surgeons to use products by paying sham consulting fees. Accused in an indictment in […]

Florida Surgeon Handed Seven Years in Prison for $28 Million Health Care Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 18, 2021, a Tallahassee surgeon was sentenced to seven years in federal prison for committing health care fraud, conspiracy to commit health care fraud, and aggravated identity theft. The scheme involved performing hundreds of medically unnecessary, […]

Florida Men Sentenced to Prison for Their Roles in TRICARE Prescription Fraud

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 17, 2023, three Florida men were sentenced to prison for their roles in a prescription drug scheme in which they paid and received bribes and kickbacks. They were each charged in an indictment filed in the […]

Follow Our Tips for Taking Your USMLE Step Exams If You Want To Score Higher

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 […]

Feds Charge 25 Individuals in Massive 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 […]

Florida Pharmacy Sues Claiming HHS Wrongly Terminated it from Federal PrEP Program

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 25, 2024, a pharmacy in Celebration, Florida, alleged HHS abruptly terminated it from a federal program that provides free access to preexposure prophylaxis HIV-prevention (PrEP) medication. Turner Brothers Inc., which does business as Turner Drugs, filed […]

Florida Man Pleads Guilty To $36.2 Million Telehealth Medicare Fraud Scheme

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 […]

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 […]

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

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 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 […]

Medicare Final Rule Decreased Physician Payments But Expands Coverage to Counselors

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 November 2, 2023, the Centers for Medicare and Medicaid Services (CMS) issued a final rule that decreased overall payment rates for services provided under the Physician Fee Schedule […]

COVID-19 Burn Out Causing More Resident Physicians to Unionize, Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This is part two of a blog series focusing on the effects of COVID burnout in healthcare professionals. Don’t forget to read part one. The Problem With Residents’ Working Conditions Existed Long Before the Pandemic. It’s common for […]

Finding a Lawyer Who Accepts NORCAL Insurance to Defend Your License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many nurses, nurse practitioners, and certified registered nurse anesthetists (CRNAs) carry professional malpractice insurance through NORCAL Mutual Insurance or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not […]

Court Assesses $170 Million in Fines Against Two Texas Ophthalmologists For False Claims

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 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 […]

Finding a Nurses Service Organization Insurance Attorney to Defend You in a Complaint Against Your Nursing License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many nurses, nurse practitioners and certified registered nurse anesthetists (CRNAs) carry professional malpractice insurance through Nurses Service Organization (NSO) or one of the other similar insurance companies.  This insurance is inexpensive and provides excellent coverage.  What you may not realize, however, is that such insurance provides many added benefits, other than just coverage on nursing […]

Counselors and Psychotherapists: Simple Rules for Keeping Your License and Avoiding Complaints

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I represent many mental health counselors, social workers, psychologists, and professional counselors, defending them on complaints being investigated against their professional licenses. Many complaints and investigations arise because the therapist has strayed over the line and crossed the […]

Medical Information Bureau (MIB) Reports and How They Affect Your Insurance 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. […]

Civil and Criminal Enforcement of HIPAA Privacy and Security Regs on the Rise

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Office of Civil Rights (OCR), a division within the U.S. Department of Health and Human Services (HHS), is the federal organization responsible for investigating complaints and enforcing the Privacy and Security Regulations implementing the Health Insurance Portability […]

Military Non-judicial Punishments or Article 15 Proceedings Are Not Criminal Convictions–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 […]

New Policy Changes to USMLE Exams and How They Impact Medical Students, Graduates

By Achal A. Aggarwal, J.D. The United States Medical Licensing Examination (“USMLE”) is a three-step examination required to obtain a medical license. It is written and administered by the USMLE Secretariat of the National Board of Medical Examiners (“NBME”) and is sponsored by the Federation of State Medical Boards (“FSMB”) and the USMLE. Medical students […]

Simple Rules for Keeping Your License and Avoiding Complaints for Counselors and Psychotherapists

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I represent many mental health counselors, social workers, psychologists, and professional counselors, defending them on complaints being investigated against their professional licenses. Many complaints and investigations arise because the therapist has strayed over the line and crossed the […]

Doctors & 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 […]

Colorado Board of Pharmacy Must Hand Over Patient Identifying Data to DEA

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 22, 2020, a federal judge ordered the Colorado Board of Pharmacy to give the U.S. Drug Enforcement Administration (DEA) prescription drug monitoring program data on two pharmacies that the DEA is investigating. The data includes patient […]

Three Charged For Roles in $109 Million Medicare Fraud Scheme, 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 […]

Multiple Settlements with HHS for HIPAA Security Rule Violations & Data Breaches

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In September 2020, the Department of Health and Human Services (HHS) announced three settlements to resolve alleged violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. The settlements, totaling $10.6 million, stem from […]

Doctor, 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, […]

Senate Republicans Announce New 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 […]

Yale University to Pay $87,500 Settlement For Alleged Pay Discrimination

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 […]

New Comprehensive Privacy Legislation Announced: 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 […]

DOJ Charges 345 People Allegedly Involved in More Than $6 Billion in Healthcare Fraud, Mostly Related to Telemedicine and 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 […]

Yale University to Pay $87,500 Settlement For Allegations It Underpaid Female Doctors

By Carole C. Schriefer, J.D. 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 allegations, the university agreed to the […]

10 Biggest Mistakes Dentists 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 dentists in complaints against their licenses, we see similar cases over and over again. The dentists could have avoided many Department of Health (DOH) complaints that may wind up before the Board of Dentistry. These are […]

Two FL Pill Mill Owners Get Prison Time 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 […]

How an American Board of Internal Medicine Policy is Robbing America of Qualified Physicians

By Achal A. Aggarwal, M.B.A., J.D. In July 2012, the American Board of Internal Medicine (“ABIM”) implemented a policy change placing limits on how long a physician could be considered “board eligible.”  This policy nearly ended the ability of many otherwise qualified physicians to become certified in internal medicine.  In many cases, this also caused […]

New 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 […]

Two Admins at a Veterans Home Criminally Charged For Mishandling Deadly COVID-19 Outbreak

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 […]

New Sweeping Privacy Legislation Announced: 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 […]

Florida Dentist’s COVID-19 Interruption Insurance Claim Dismissed by Judge

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 […]

HHS Changes 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 Food and Drug Administration (FDA) and other federal health agencies under his authority from independently […]

Two Administrators Charged With Negligence For Deadly COVID-19 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 […]

Senate Republicans Announce Comprehensive 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 […]

OSHA Fines Several Health Care Systems Over COVID-19 PPE Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with […]

Veterans Urge Federal Court To Reconsider 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 […]

Yale University Agrees to Pay $87,500 to Settle Allegations It Underpaid 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 […]

Judge Dismisses Dentist’s COVID-19 Business Interruption Insurance Claim in Florida

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 […]

What Foreign Medical Graduates Need to Know Before Transferring Medical Schools

By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law When medical school graduates who graduated from a medical school outside of the United States want to practice medicine in the United States, they register with the Educational Commission for Foreign […]

OSHA Issues Citations to Health Care Systems Over COVID-19 PPE Violations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with […]

Florida Senate Passes New Legislature to Fix 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 […]

Certifying Emotional Support Animals and Protecting Your License, Part 1 of 2

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 […]

House Committee Advances Medical Marijuana Bill to Expand Research

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, […]

UF Rescinds Prospect For Racist Online Post

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 8, 2020, the University of Florida (UF) reportedly announced via Twitter that it had rescinded its offer of acceptance to a prospective student. The offer was rescinded by the university because of an allegedly racist message […]

Florida Passes New Law 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 […]

CMS Announces Final Rule to Reduce Criminal Behavior in Medicare, Medicaid

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 5, 2019, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that strengthens the ability to stop fraud and abuse before it happens. The “Program Integrity Enhancements to the Provider Enrollment Process” goes […]

Review Your Florida DOH Practitioner Profile or it Could Cost You!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 1997, the Florida Legislature passed a statute that requires the Department of Health (DOH) maintain online practitioner profiles for certain health care professionals. Practitioner profiles are required for medical doctors, osteopathic physicians (DOs), chiropractors (DCs), advanced practice […]

So, the ZPIC Medicare Auditor Wants to Talk to You? What You Should Expect

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law You are a physician, nurse or other health care provider who bills Medicare. You have received that dreaded letter from the Zone Program Integrity Contractor (ZPIC) for Medicare advising you that it is auditing you for the Centers […]

Dental Clinic Owners Found Guilty of $1 Million Medicaid, Tax Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 21, 2019, a federal jury found the owners of several dental clinics in Missouri guilty of a $1 million scheme to defraud the government. The owners of All About Smiles LLC, were convicted of submitting false […]

OIG Exclusion: Do You Know if You’re on the List?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health La Have you ever faced a disciplinary action against your professional license? Have you ever been arrested or convicted of a criminal offense? If yes, then you may have also been terminated from the federal Medicare Program or your […]

Are You Worried About Health Care Compliance Consequences? Have They Gone Too Far?

By Lance O. Leider, J.D., LL.M., The Health Law Firm From large hospital systems to solo practitioners, there is no escaping health care compliance in the industry. The concept of compliance can spark different thoughts in different people. For example, some believe it is an unnecessary government intrusion and others believe it’s a way to […]

Health Care Professionals: Fight Back Against Bad Online Reviews

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Defamatory attacks against health care professionals have become increasingly prevalent as more and more review sites join the world wide web. This allows patients to post virtually anything they want – good or bad – about a physician […]

OIG Exclusion: What You Need to Know if You’re on the List

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Have you ever had disciplinary action against your license as a health care professional? Have you ever been arrested or convicted of a criminal offense? Have you ever been convicted of fraud or patient neglect? If so, then […]

Hey, Health Care Professionals…Why Can’t We Be Friends?!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Every year, our firm sponsors and attends various medical industry events. Needless to say, our law firm table is not the most popular hangout spot. If we had a penny for every time we have heard “Yikes, an […]

Health Care Professionals Need to be Compliant with Anti-Fraud Laws

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The federal government has several tools available to help combat Medicare fraud. Among those are the Stark Act, Anti-Kickback laws and Civil Monetary Penalty Laws. Each of these typically focuses on a particular type of behavior that is […]

Helpful Tips to Speed Up the Medicare Prepayment Review Process

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For Medicare providers, being notified of an impending audit is not welcome news. Being notified of a prepayment review is even worse. In a prepayment review, the health care provider must submit documentation to the Centers for Medicare […]

Ready or Not, It’s Irregular Behavior Season Once Again…

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Every year, our firm receives calls from panicked medical students and residents about a recent letter they have received, alleging irregular behavior on standardized medical examinations. This letter may come from the National Board of Medical Examiners (NBME), […]

FDA Releases Draft Guidance to Revamp Drug Indication and Usage Labels

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 6, 2018, the U.S. Food and Drug Administration (FDA) released draft guidance outlining its recommendations for how drug companies should word the indications and usage sections on a drug’s label. The new guidance aims to increase […]

Florida “wrongful births” leave health care providers liable

According to Institute of Medicine statistics, approximately 98,000 Americans die each year as a result of medical errors that could have been prevented. This is an example of ‘wrongful death,’ a term recognizable to many. However, the term ‘wrongful birth’ may not provide the same familiarity, but is causing just as much commotion in the […]

Florida Hospital Recovering from Privacy Breach

As a health care provider, keeping patient medical records confidential is a fundamental aspect of the job description. Within those records, the most private details of a person’s life are revealed, details, that if leaked, may ruin the reputation of the patient and the health care provider. According to the Orlando Sentinel, Florida Hospital is […]

Avoiding HIPAA Violations

By Michael L. Smith, JD, RRT Every respiratory therapist knows that the Health Insurance Portability and Accountability Act (HIPAA) requires hospitals and health care providers to maintain the confidentiality of their patients’ protected health information (PHI). RTs may not know that the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) is […]

The DEA’s War on Pain Management

Within the last few years, raids on pain management clinics, as well as pharmacies, have been increasingly commonplace. The doctors, pharmacists, nurses and other health care professionals involved are carted away in handcuffs and must defend their practice. According to the St. Petersburg Times, a South Florida pain management clinic has recently been shut down […]

Patient-supplied Respiratory Equipment in the Hospital

By Michael L. Smith, JD, RRT Hospitals and respiratory therapists regularly receive requests from patients asking to use their own respiratory therapy equipment in the hospital. Chronic pulmonary patients are generally reluctant to change their treatment regimen and may request they be permitted to continue using their home ventilators or positive airway pressure units in […]

Patient Privacy Breach at Nemours Follows Florida Hospital Information Leak

After a patient privacy breach at Florida Hospital a few weeks ago, another patient records scare has hit Florida – this time at Nemours. According to the Orlando Sentinel, information belonging to Central Florida patients of Nemours Children’s Health System has gone missing. Computer back-up tapes containing old patient billing information have disappeared from the […]

New Florida Drug Database Aimed at Preventing Drug Abuse

Recently, Florida pharmacists, physicians and pain management clinics have received negative attention over frequent Drug Enforcement Administration (DEA) raids. Now, Florida is once again in the spotlight as the state has launched a drug database in an attempt to reduce drug abuse perpetuated by visits to the doctor. According to the Orlando Sentinel, this database […]

The Collateral Effects of a Criminal Case on a Health Care Licensee

Criminal charges against a health care professional can have serious consequences. Learn more about the impact of a criminal charge on Florida licensed health professionals. For further information, visit our website. What is the Effect of a Plea of Nolo Contendere for a Florida Licensed Health Professional? Pursuant to the general chapter of Florida Statutes applicable to […]

Responding to a Medicare Audit – Practice Tips

Although you may speak of a “routine” Medicare audit, there is really no such creature. This is like saying you have a “routine IRS audit.”  The fact is that there is some item you have claimed as a Medicare provider or the amount of claims Medicare has paid in a certain category that has caused […]

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Medicare/Medicaid Audits, Health Care Law, Contracts, Hospital Privileges Hearings, Investigations, DEA Defense, Board of Medicine Defense, Healthcare Fraud Defense, Medical Staff Fair Hearings, Administrative Hearings, PRN, IPN, Professional Licensing, Medicare/Medicaid Fraud Defense, Nursing Law, Hospital Peer Review,  Hospital Law, Board of Dentistry, Board of Nursing Complaint Defense, Board of Pharmacy, Medicaid Fraud Control Unit (MFCU) Defense, Search Warrant and Subpoena Defense, NBME Representation, USMLE Challenges, ABIM Representation, Resident Physician Defense, VA & Military Physician Defense, Department of Health Investigation Defense, and more…

Available in the following Florida cities and counties: Daytona Beach, Fort Lauderdale, Gainesville, Jacksonville, Key West, Melbourne, Miami, Ocala, Orlando, Pensacola, Panama City, Sarasota, St. Petersburg, Tallahassee, Tampa, West Palm Beach, Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, Dade, De Soto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceloa, Palm Beach, Pasco, Pinellas, Polk, Putnam, St. Johns, St. Lucie, Santa Rosa, Sarasota, Seminole, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

By making this website information available for those who access it does not constitute doing business in or having a presence in any state or jurisdiction, nor does it constitute an advertisement sent to or a solicitation made in any state or jurisdiction. This firm is located in and maintains a presence in only those states where the firm maintains an actual physical office. Its attorneys are only admitted to practice in those states specifically listed on their resumes.

Available in the following states: Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming

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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999. Copyright © 2024 The Health Law Firm. All rights reserved.