The 25 Biggest Mistakes Physicians Make After Being Notified of a Department of Health Complaint
The investigation of a complaint which could lead to the revocation of a physician’s license to practice medicine and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter and it should be treated as such […]
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 […]
Cheating, Irregular Behavior and Other Maladies Plaguing Future Physicians: A Two-Part Series
The road to becoming a physician is paved with many unique challenges. The uphill battle begins with rigorous undergraduate course work, followed by the MCAT and medical school applications. Upon acceptance into medical school, the USMLE (United States Medical Licensing Examination) and its STEP 1 and STEP 2 exams provide another hurdle. At any of these […]
Florida Doctor Arrested for Drug Sales and Other Criminal Charges
Drug trafficking charges against a medical doctor are not a new concept, especially in Florida. Recent pill mill busts throughout the state have resulted in an omnipresent DEA, always on the lookout for illegal drug sales by pharmacies, pharmacists, pain management clinics and physicians. However, the recent arrest of a Central Florida doctor extends beyond […]
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 […]
Accused of “Irregular Behavior” on Your USMLE Step Exams: What to Do
Many students, foreign medical graduates and those applying to receive a medical license in the United States find themselves accused of “irregular behavior” while taking the Step 1, Step 2 or Step 3 exams of the United States Medical Licensing Examinations (USMLE) administered by the National Board of Medical Examiners (NBME). Often the conduct turns […]
Former Texas Official Sentenced for Retaliation Against Nurses
According to ABC News, Scott Tidwell, a former West Texas county attorney, will serve four months in jail and 10 years of probation for retaliating against two nurses. The nurses filed an anonymous complaint to state medical regulators against a doctor who used herbal remedies and hospital supplies to perform at-home procedures. The doctor then […]
Nurses: Insuring Your Legal Protection
Though many nurses pursue a career in nursing hoping that they will never face disciplinary charges, any number of events not in a nurse’s control can lead to an investigation or administrative action. Nurses need to make sure they are covered if this ever occurs, with appropriate insurance. The primary reason that a nurse should […]
In Brief: Florida Pain Management Clinic Laws
Every health profession has its own set of rules and regulations. This week, we’re examining Florida laws under which pain management clinics operate. Because Florida has one of the worst drug trafficking problems in the country, law enforcement is making sure that punishments for any violations are severe. For example, if a patient dies of […]
Nurses Rx: Medication Administration
From George Indest’s Nursing Law Manual Nurses face a busy schedule often including a long list of patients and extensive work hours. As a result, they can become overworked and overtired, which may lead to mistakes when carrying out essential job duties like administering medication. An Institute of Medicine (IOM) report titled To Err is […]
Benchmark: DEA Conduct Resulted in Dismissed Charges
In light of the DEA‘s recent focus on Florida’s prescription drug trafficking problem, we wanted to discuss a former case in which the DEA‘s actions resulted in a favorable outcome for alleged drug dealers. According to the Daily Journal, in 2004, U.S. District Judge Florence-Marie Cooper dismissed charges against three alleged methamphetamine dealers after an […]
Florida’s Pill Mills Still a Target
Last week, the DEA announced the results of enforcement efforts directed at Florida’s illegal prescription drug distributors. According to the DEA, more than 100 individuals have been arrested in operations targeting pill mills in Florida, and the DEA, as well as Florida law enforcement, will continue to investigate and prosecute pain clinics, pharmacies and physicians who […]
From the DOH: Attention Pain-Management Clinics
From the Florida Department of Health: Florida law requires pain-management clinics report specific data to the Board of Medicine. The designated physician shall report on a quarterly basis the following data: a. The number of new and repeat patients seen and treated at the clinic who are prescribed controlled substance medications for the treatment of […]
Emergency Suspension Orders and Medicaid Fraud
In the recent case of Mendelsohn v. State of Florida Department of Health, Mendelsohn’s license to practice medicine was suspended under an Emergency Suspension Order (ESO). According to the ESO, Mendelsohn is licensed to practice medicine in Florida pursuant to the provisions of chapter 458, Florida Statutes. On December 9, 2010, he entered a plea […]
Nurses: Advanced Practice May Mean Advanced Legal Issues
From George Indest’s Nursing Law Manual The advanced nurse is a registered nurse (RN) who has completed some form of advanced nursing education and training. Two types of advanced nurses are the advanced registered nurse practitioner (ARNP) and the certified nurse specialist. In Florida, there are three types of certified nurse specialists: certified registered nurse […]
Doctor or Nurse, Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator
Despite mailing out hundreds of thousands of postcards and letters to physicians, nurses, dentists, pharmacists, and psychologists throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any […]
Kissimmee, Pine Hills Pain Clinics Investigated
Clinics in Kissimmee and Pine Hills are under investigation. A doctor involved with the clinics is accused of over-prescribing painkillers and other addictive medicine, according to the Orlando Sentinel. Drug agents with the Metropolitan Bureau of Investigation collected evidence and talked to patients at the Miracle Health Center/Pine Hills Medical Center, and at the Keneday […]
Halifax Whistleblower Claims Hospital Overbilled Medicare
The U.S. Department of Justice has joined a whistleblower suit filed against Halifax Hospital by the hospital’s director of physician services, according to the Daytona Beach News-Journal. The U.S. Department of Justice filed its part of the lawsuit on Friday. It claims that Halifax Health defrauded the federal government by submitting thousands of false claims […]
Are You Ready for HIPAA and HITECH Audits?
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) is launching a pilot program this month to make sure covered entities are in compliance with HIPAA privacy and security rules and breach notification standards, according to the OCR. The OCR will perform up to 150 audits to assess […]
Avoiding the ‘Disruptive Physician’ Label
Physicians are often unfairly labeled as “disruptive physicians” by hospitals, health care institutions, employers or economic competitors of theirs in a health care setting. This label can be assigned to the most skilled, compassionate and innocent physician. Unless immediate action is taken by the physician to counter this false labeling, it may result in extremely […]
George Indest Recertified As Health Law Expert
George F. Indest III, President and Founder of The Health Law Firm with offices in Orlando and Pensacola, Florida, has been recertified by the Florida Bar’s Board of Legal Specialization and Education in the legal specialty of Health Law. Indest has been board certified in Health Law since 1996. As recognized by the Supreme Court […]
Why You May Be Waiting For Your Florida Medical License
Applying for a Florida medical license? Read this now, so you don’t have to wait later. What are the most common problems that hinder an application for a medical license or other health professional license in Florida? Still waiting for your Florida medical license or other health professional license? Here are some reasons why it […]
In Treatment: Physicians and the Professionals Resource Network (PRN)
In an industry so concerned with serving others, physicians and other health professionals sometimes find that they are the ones being pushed towards a treatment program. According to a recent study, alcohol abuse is the most common reason for enrolling in a physician health program. Other reasons for treatment included opioid, stimulant and sedative abuse. […]
Clinical Trial: When Research Goes Wrong
Three patients died in an unapproved medical trial conducted between 2003 and 2004. Now, the executives of Snythes Inc., a medical-device company, are awaiting sentencing this week after pleading guilty to a misdemeanor as “responsible corporate officers,” according to Business Week. The Synthes officials allegedly bypassed FDA protocol to have surgeons test bone cement in […]
CVS Refuses to Fill Prescriptions For Some Florida Doctors
The crack down on Florida pill mills continues with CVS pharmacies notifying some doctors that they no longer will fill their prescriptions for certain narcotic medications. According to Health News Florida, this new policy appears to be limited to Florida, but CVS has not clearly stated what is being used to determine which doctors can […]
Orlando Health Law Attorneys to Speak at Florida Hospital
Attorneys from The Health Law Firm will be presenting a seminar on contracts to Florida Hospital’s family medicine residents and medical students on Wednesday, December 7, 2011 at Florida Hospital East Orlando. The lecture aims to provide information on contract negotiations and employee contract review. This seminar is part of a series that will be […]
Florida’s Strike Force Raids Pain Management Physicians
Florida is reported to have one of the worst prescription drug abuse problems in the country. Because of this issue, pain management physicians have been under increasing scrutiny and attack by federal and state agencies. If you are a pain management physician or you work in a pain a management clinic, you need to be […]
Recent Changes to Florida’s Pain Management Laws
If you are a pain management physician, it is important for you to be aware of changes in the laws governing the practice of pain management. The following laws were updated this summer, so the Florida Department of Health (DOH) will be enforcing these changes, including new penalities for inappropriate prescribing and new regulations for […]
National Practitioner Data Bank (NPDB) Update
On March 23, 2010, President Barack Obama signed into law the Patient Protection and Affordable Care Act (PPACA). This legislation made many reforms to the American health care system and with it came many changes that will affect both health care providers and consumers alike. One such change brought about by this legislation was the […]
What Does Proposed Liposuction Bill Mean For Florida Plastic Surgeons?
A new Florida bill aimed at making liposuction procedures safer is making its way through the Senate in Tallahassee. The bill was created as a result of the deaths of four South Florida mothers in their 30s during liposuction procedures, according to the Orlando Sentinel. Present state rules say physician surgery offices must be inspected […]
Under Review: What You Need to Know About Clinical Privileges Hearings
The term “fair hearing” is used by different individuals and different organizations to refer to an administrative hearing or a private hearing in a hospital or professional association. There are a number of different types of proceedings that are often referred to as “fair hearings,” including clinical privileges (or peer review) hearings, which allow a […]
Suspected Florida Pill Mills Continue to Attract Investigations
According to the Orlando Sentinel, some of the worst alleged pill mills in Florida are located in Orlando. At a small pain clinic near downtown Orlando and an affiliated office, one doctor prescribed more oxycodone during a three-month period in 2010 than all doctors in the state of California combined. Details about the clinic from […]
The DEA Attacks Legitimate Pharmaceutical Distributors, Starting with CVS Pharmacy and Cardinal Health
Earlier in February 2012, the DEA accused both CVS Pharmacy, one of the nation’s largest drug store chains, and Cardinal Health, one of the nation’s largest legitimate distributors of pharmaceuticals, of endangering the public by selling excessive amounts of oxycodone to four Florida pharmacies. For Cardinal Health, the charges came in an immediate suspension order […]
“Cert Audits” Newest in Medicare Audit Contractor Alphabet?
One of the newest acronyms that our law firm has encountered in the Medicare Program’s audit process is the Medicare Comprehensive Error Rate Testing program audit or CERT audit. It could be that we just haven’t had clients who had problems with this in the past, as we have seen plenty of Zone Program Integrity […]
More Reasons Not to Voluntarily Relinquish Your Professional License or Fail to Appeal an Exclusion Action
In the past, I have written articles and blogs on why a physician, nurse, dentist, psychologist, pharmacist, mental health counselor or other licensed health professional should never agree to voluntarily relinquish his or her license after any notice of a possible investigation being opened. This is treated the same as if the state licensing agency […]
Orlando Health Attorney Featured in Latest Issue of Medical Economics
Orlando, Fla. – March 15, 2012 – George F. Indest III, President and Managing Partner of The Health Law Firm, shares his knowledge of health law in the March 14 issue of Medical Economics. Mr. Indest was interviewed and quoted for an article concerning legal advice for primary care physicians who prescribe painkillers. In the […]
What Physicians Need to Know About Clinical Privileges and Peer Review Actions From the Meyers Case
If you are a physician with hospital privileges or have ever been called a “disruptive physician” make sure you are familiar with Meyers v. Columbia/HCA Healthcare Corp., which was finally decided in 2003. In ruling on disruptive physician cases, courts almost always rely on Meyers, and it has been cited repeatedly in other disruptive physician cases to justify a […]
Florida Pain Clinics Can Expect More Bullying From Law Enforcement
Florida pain clinics really began to feel the impact of becoming law enforcement’s newest target about one year ago. This was based in part on televison “magazine” shows and investigative reporters’ shows and articles publicizing many abuses by patients who were “doctor shopping” and physicians who were allegedly “over-prescribing.” More regulations were enacted, and lawmakers approved […]
At Last, a Ray of Hope for Florida Health Professionals Who Have Paid Their Debt to Society After Criminal Conviction
The Florida Legislature unanimously passed HB 653 which relaxes some of the draconian exclusions enacted under SB 1986, which went into effect on July 1, 2009. SB 1986, which added provisions to Chapter 456, Florida Statutes, among others, prevented numerous healthcare providers from obtaining or renewing licenses based on prior criminal convictions, which could have […]
Are You Working at an Illegal Health Care Clinic?
Despite the passage of Florida’s Health Care Clinic Act over nine years ago, there are apparently still many health practices which are violating it. Unfortunately, the violation of the Health Care Clinic Act can have extremely serious repercussions, including conviction of a felony, loss of all fees collected, and disciplinary/licensure action against any physicians, nurses […]
ZPIC or Medicare Audit and Site Visit Checklist
As a physician, medical group or other healthcare provider, if you receive a notice of an audit and site visit from Medicare, the Medicare Administrative Carrier (MAC) or the Zone Program Integrity Contractor (ZPIC), things happen fast with little opportunity to prepare. Hopefully this checklist will help you to prepare for the on-site visit that […]
Implications of Clinical Research Misconduct and Fraud Accusations
One of the most notorious recent cases of research misconduct involved a South Korean stem cell researcher who claimed to have cloned human embryonic stem cells. However, the researcher was accused of fabricating crucial data and charged with fraud and embezzlement. The fraud charges were eventually lifted, but not before the researcher’s reputation was destroyed. […]
Legal Strategy Checklist for Doctors to Fight Online Defamation
With the increase in popularity of online review sites, defamatory attacks against doctors have also increased. On these sites, patients and competitors can post almost anything they want – good or bad – about a doctor or any health care professional. As more physicians become employees of hospital systems or large health care institutions, adverse surveys, reports or reviews may impact advancement, […]
Orlando Health Attorney Appointed to Health Law Certification Committee
On April 9, 2012, Gwynne A. Young, President-Elect of The Florida Bar, announced that George F. Indest III, President and Managing Partner of The Health Law Firm, has been appointed to serve on The Florida Bar’s Health Law Certification Committee. Mr. Indest will begin his three year term on July 1, 2012. The Florida Bar’s […]
Peer Review and “Disruptive Physician” Cases Physicians Should Know
Although Meyers v. Columbia/HCA Healthcare Corp.is one of the major cases concerning termination of clinical privileges and peer review hearings, there have been other recent clinical privileges cases that are important for physicians to know when confronted with a peer review action. This is especially true if the physician is being accused of disruptive behavior. One such case is […]
Florida Walgreens Pharmacies Issued Inspection Warrants by the DEA
The recent investigation of a Walgreens distribution center and six Walgreens pharmacy stores in Florida shows that the U.S. Drug Enforcement Administration (DEA) is continuing to attack pharmacies, including the largest pharmacy chains. On Wednesday, April 4, 2012, the DEA issued inspection warrants to the Florida Walgreens distribution center and six pharmacies. According to the […]
Jurisdiction 12 Gets New Medicare Administrative Carrier
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Diversified Service Options (DSO) acquired Highmark Medicare Services (Highmark) on January 1, 2012. DSO is a holding company and a wholly-owned subsidiary of Blue Cross and Blue Shield of Florida, Inc. (BCBS Florida). Highmark had the contract with […]
New Anti-Prescription Drug Abuse Campaign in Pinellas County
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Pinellas County has started a new billboard campaign aimed at curbing prescription drug abuse. The billboard message reads, “We’re shutting down Pill Mills in Pinellas County.” The first two billboards were erected on April 1, 2012. Several smaller […]
2010 District Ruling for $44.9 Million in Tuomey Overturned by U.S. Appeals Court
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Tuomey Reversed The 4th U.S. Circuit Court of Appeals overturned a federal district judge’s 2010 decision for Tuomey Healthcare System on March 30, 2012. (U.S. ex rel. Drakeford v. Tuomey Health. Sys., Inc., 4th Cir., No. 10-1819 (Mar. […]
What to do if You Receive a Medicaid Fraud Control Unit Investigative Subpoena
The Medicaid Fraud Control Unit is charged with investigating and prosecuting health care providers suspected of defrauding the state’s Medicaid program. It is a division of the Florida Office of the Attorney General .When the unit opens a case against a provider, the first step is usually the issuance of an investigative subpoena, requesting specific […]
How to Avoid Allegations of Unauthorized Corporate Practice of Medicine
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The following tips may help you to avoid allegations of unuathorized corporate practice of medicine, whether you are in a state that prohibits the corporate practice of medicine or not: All contracts, job descriptions and other documents used in […]
Preparing for a Florida Board of Medicine Informal Hearing
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 Medicine, there are a number of facts that you will want to know in order to be properly prepared. This article will cover […]
Medicare Fraud Initiative Leads to Arrests of Over 100 Health Professionals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A recent Medicare fraud operation conducted between several federal agencies has resulted in the arrest of over 100 doctors, nurses and other medical professionals. They have been charged with various crimes relating to Medicare fraud. The arrests were made on May […]
Senators Want National Investigation of State Medical Boards
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A bipartisan effort has been initiated by three U.S. Senators to launch a national evaluation of state medical boards. Senators Charles Grassley (R-Iowa), Orrin Hatch (R-Utah) and Max Baucus (D-Mont.) sent a letter to the director of the Office […]
Florida Pharmacy Allegedly the Cause of Eye Infection Outbreak
The Centers for Disease Control (CDC) has allegedly traced a rare fungal infection to an Ocala pharmacy, according to media reports. As reported, Franck’s Compounding Lab is believed to be at least partially responsible for spreading a rare fungal eye infection to over 30 patients across the U.S. The CDC reports that eye drops and […]
Alleged HIPAA Privacy Violations at the Center of a Recent Physician Group Settlement with HHS
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A small physician group has reached a settlement with the United States Department of Health and Human Services (HHS) Office for Civil Rights (OCR) over alleged Health Insurance Portability and Accountability Act of 1996 (HIPAA) violations. The settlement […]
Update All of Your Addresses with Medicare Immediately!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Have You Checked Your Addresses on File with CMS/Medicare Recently? Do you remember the last time you checked all four of the addresses you should have on file for any individual or any group/company Medicare number you may […]
In Florida You Have Fifth Amendment Rights in a Department of Health Investigation of Your License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are contacted by a Florida Department of Health investigator, did you know that you are not required to make a statement or give any information that can be used against you? If you are being investigated you have […]
College Student Drinks Own Urine to Survive After DEA Forgets He Was in Cell
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A college student was left in a small holding cell by the Drug Enforcement Administration (DEA) for five days without food, water, or a toilet. He believes that the DEA forgot about him. He was taken by agents […]
DEA Has Online List of Cases Against Doctors
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Drug Enforcement Administration (DEA) has a public list of physicians with DEA registrations that have been arrested and prosecuted. On the DEA’s website, there is a list of all investigations of physician registrants in which the DEA was […]
Cardinal Health’s Settlement With the DEA Results in Shipment Suspension
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Cardinal Health and the Drug Enforcement Administration (DEA) have reached a settlement which will suspend Cardinal Health’s ability to ship controlled substances from its Florida distribution facility for two years. The company will now supply controlled substances from […]
DEA’s Medical Marijuana Research Ban Appealed by Professor
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A University of Massachusetts-Amherst professor is appealing a final order issued by the Drug Enforcement Administration (DEA) that has stopped him from growing marijuana for medical research purposes. Appeals Court Hears Oral Arguments in Medical Marijuana Research Case. The U.S. Court […]
Florida Cardiologist Receives Emergency Suspension Order Linked to Stem Cell Treatments
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Florida cardiologist recently had his medical license emergently suspended by the Florida Department of Health (DOH) for allegedly performing stem cell treatments on a patient. According to the emergency suspension order (ESO), the DOH had previously warned […]
Franck’s Pharmacy Recalls Compounding Prescriptions and Shuts Down Sterile Compounding Service
Franck’s Pharmacy, Inc. located in Ocala, Florida, has issued a recall for its compounded prescriptions. The prescriptions impacted by this recall include all sterile human and veterinary compounded prescriptions distributed by Franck’s Pharmacy from November 21, 2011 to May 21, 2012. Franck’s Pharmacy made the announcement on the company’s website on May 24, 2012. To […]
Federal Jury Convicts South Florida Doctors of Medicare Fraud
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two South Florida doctors, one Miami-area therapist, and two other individuals were convicted by a federal jury for their participation in a Medicare fraud scheme. The scheme allegedly involved more than $205 million in fraudulent billings by American […]
411-PAIN Settles with Florida Attorney General
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida Attorney General Pam Bondi announced that her office has reached a settlement with 411-PAIN. The settlement requires 411-PAIN to pay $550,000 and change its advertising practices for allegedly making misrepresentations to consumers. 411-PAIN is a Florida-based […]
$24 Million Medicaid Fraud Scheme Alleged by Connecticut Attorney General
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Connecticut’s Attorney General, George Jepsen, alleges that 28 individuals, dental practices and corporations were involved in a $24 million Medicaid fraud scheme. He filed a civil action on May 31, 2012. It is the first case the state has […]
CMS Recovery Audit Prepayment Reviews to Begin Summer 2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Centers for Medicare & Medicaid Services (CMS) is planning to start the Recovery Audit Prepayment Review (RAPR) Demonstration Project on June 1, 2012. It was originally scheduled to begin January 1, 2012. Recovery Audit Contractors (RACs) to Review […]
Doctors and Nurse Practitioner Arrested in Prescription Drug Abuse Raid
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A crackdown on prescription drug abuse by New York law enforcement has resulted in the arrests of 98 people. Two doctors and a nurse practitioner were among those charged. A series of raids were carried out by Brooklyn […]
Walgreens Reaches Settlement in False Claims Act Case
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Walgreens has reached a $7.9 million settlement with the United States and participating states that resolves allegations that Walgreens violated the False Claims Act. The DOJ announced the settlement on April 20, 2012. To view the DOJ’s press […]
Medical Marijuana Legalized in Connecticut: Will More Problems Develop for Doctors, Pharmacists?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The use of marijuana for medical reasons has been legalized in Connecticut. The state’s governor signed into law HB 5389 on May 31, 2012, which allows licensed physicians to certify a patient’s use of marijuana for medical purposes. Connecticut […]
Assisted Living Facilities (ALFs) Allowed to Terminate a Resident For Almost Any Reason
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Currently, Florida law and regulations allow an assisted living facility (ALF) to relocate or terminate a resident for almost any reason. However, the administrator must provide a 45-day notice and document the reason for termination or relocation. Section 429.28(k), […]
OCR Releases Results From First Round of HIPAA Audits
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Office for Civil Rights’ (OCR) has release information on the initial round of mandated audits of Health Insurance Portability and Accountability Act (HIPAA) covered entities. The OCR announced official details concerning the audits at an OCR and National Institute […]
Investors can Continue to Bring Claims Against KV Pharmaceutical
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The U.S. Eighth Circuit Court of Appeals ruled that investors can continue to bring claims against KV Pharmaceutical Co. (KV) for making false or misleading statements to the U.S. Food and Drug Administration (FDA). The ruling was reached […]
WellCare Health Plans Reaches Settlement in False Claims Act Case
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law WellCare Health Plans Inc.(WellCare) has reached a $137.5 million settlement with the federal government and nine states. The settlement resolves four lawsuits alleging violations of the False Claims Act. WellCare is based in Tampa, Florida. The company provides managed […]
Recent Pill Mill Bust in Florida Dubbed “Operation Pill Street Blues”
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A statewide pill mill bust that spanned several Florida cities was announced by the Drug Enforcement Administration (DEA) and Florida law enforcement on June 27, 2012. Seven doctors and seven pain clinic owners were arrested. The raid has […]
Preparing for HIPAA Audits
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) has recently released the initial results for the first round of HIPAA audits, as well as the HIPAA audit protocol. Covered entities need to review both the audit results and audit protocol […]
Settlement Reached in GlaxoSmithKline Healthcare Fraud Case
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law GlaxoSmithKline (GSK), a prescription drug manufacturer, will pay $3 billion in fines to resolve allegations of healthcare fraud. The settlement was announced by federal prosecutors on July 1, 2012, and in a press release from the Florida Attorney […]
Orlando-based Assisted Living Facilities Appeal ALJ Decision, Win Case Against AHCA
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two related assisted living facilities (ALFs) based in Orlando won a case against the Agency for Health Care Administration (AHCA) on appeal. The First District Court of Appeal heard the case and filed an opinion in favor of […]
Compliance with Conditions of Participation Necessary for Reinstatement of Terminated Medicare Billing Privileges or Revoked Medicare Provider Number and Participation Agreement
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We have recently experienced an alarming increase in the number of Medicare providers receiving notices that their Medicare billing privileges are being terminated. These include home health agencies (HHAs), independent diagnostic testing facilities (IDTFs), ambulance and emergency transport […]
Man Charged with Medicare Fraud in Ambulance Scheme
By Miles Indest A Pennsylvania man has been charged in a 23-count indictment in relation to an alleged scheme to defraud Medicare by billing for fraudulent ambulance services. The charges were announced by the Department of Justice (DOJ) on June 29, 2012. Man Allegedly “Straw” Owner Used to Start Ambulance Company. According to the indictment the […]
Hospital to Pay $3.59 Million to Settle False Claims Act Allegations Involving Ambulance Services
By Miles Indest A hospital located in Columbia, Tennesse, has agreed to pay the federal government over $3.5 million to settle False Claims Act allegations that occurred between 2004 and 2009. The hospital submitted a voluntary self-disclosure to the U.S. Attorney’s Office and the Department of Health and Human Services (DHHS) Office of Inspector General (OIG). Hospital […]
Have You Updated Your Address with the Department of Health?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A recent case involving the Florida Department of Business and Professional Regulation (DBPR) demonstrates how important it is for all professional licensees, including Department of Health (DOH) licensees, to immediately update their addresses with the licensing agency when […]
Florida Lawmakers Greatly Reduce Risk of Zombie and Cannibal Attacks for First Time Ever!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlaws over 90 new forms of synthetic drugs. It modifies Section 893.03(1)(c), Florida Statutes, by expanding the list of banned hallucinogenic substances in Schedule […]
Appeal Court Rules AHCA Was Justified in Withdrawing Home Health Agency’s License Application
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The First District Court of Appeal has ruled that the Agency for Health Care Administration (AHCA) had substantial justification to withdraw a home health agency’s application for licensure in a recent case. To view the opinion, click here. […]
Be Prepared for a Medicaid Audit Request
By Lance O. Leider, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law Florida healthcare providers servicing Medicaid patients are at a higher risk for audits than anywhere else in the country. The reason is that Florida has become synonymous with healthcare fraud. As a result, auditing and subsequent overpayment demands are some […]
Two Central Florida Physicians Connected to Statewide Pill-Mill Network
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An Orlando and Jacksonville physician have been linked to a statewide pill-mill operation that brought in millions of dollars to pain clinic owners and doctors, according to the Orlando Sentinel. On June 27, 2012 seven doctors and seven […]
Respiratory Therapists: Talk to an Attorney Before You Talk to an Investigator
By Michael L. Smith, J.D., R.R.T. In Florida, You DO NOT Have to Talk to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to respiratory therapists, throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against […]
South Florida Man Busted for Fraudulently Working as a Pharmacist
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press […]
New Hampshire City Auditing Ambulance Service for Allegedly Overbilling
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 16, 2012, a New Hampshire city allegedly launched an audit into its primary ambulance service, American Medical Response (AMR), after the company acknowledged overbilling hundreds of patients since 2011, according to a Union Leader article. AMR […]
August 27, 2012, Marks the Start Date of the CMS Recovery Audit Prepayment Review (RAPR)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 31, 2012, the Centers for Medicare and Medicaid Services (CMS) announced on its website that hospitals should brace themselves for prepayment audits beginning August 27, 2012. The CMS originally announced the Recovery Audit Prepayment Review (RAPR) […]
South Florida Man Admits to a $42 Million Medicare Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The owner and operator of a Miami home health care agency pleaded guilty for his part in a $42 million home health Medicare fraud scheme, according to the Department of Justice (DOJ), the FBI and the Department of […]
July Issue of Medical Economics Features Article by George F. Indest III
By Cori Pope, The Health Law Firm The July 25, 2012, issue of Medical Economics features an article written by George F. Indest III, President and Managing Partner of The Health Law Firm. The article, “Beware Legal Ramifications of Unnecessary Tests,” discusses lists that were recently released by nine medical specialty societies on medical tests and procedures […]
Consequences of Clinical Research Fraud and Misconduct
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 and Medical Medical and clinical researchers, whether in an academic community or in a practice setting, spend years on clinical trials and investigations […]
Doctor Voluntarily Relinquishes License Due to Allegations of Malpractice and Over-Prescribing Oxycodone
By Danielle M. Murray, J.D., Attorney, The Health Law Firm A doctor in Polk County, Florida, has lost his license to practice medicine. Rather than risk having his license revoked in an administrative proceeding, the now former doctor offered to voluntarily relinquish his license. The Florida Board of Medicine voted to accept the voluntary relinquishment […]
U.S Department of Justice (DOJ) Investigating the Cardiology Services at Florida Hospitals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On Monday, August 6, 2012, a New York Times article revealed that cardiology services at some Florida HCA hospitals are under investigation by the U.S. Department of Justice (DOJ) for allegedly performing unnecessary procedures to increase profits. Click […]
Excess Readmissions Mean Lower Medicare Reimbursement Rates for More than 2,000 Hospitals, Including 131 in Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Lower Medicare reimbursement rates are coming in October of 2012, to 2,211 hospitals around the country, including 131 in Florida. This is allegedly due to excessive readmission rates in these hospitals between July 2008 and June 2011, according […]
California and Colorado Certified Registered Nurse Anesthetists (CRNAs) Can Administer Anesthesia Without the Supervision of a Physician
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Recently, courts in both California and Colorado ruled that Certified Registered Nurse Anesthetists (CRNAs) are now allowed to independently administer anesthesia to patients without the supervision of a physician. In California, the decision came from the First District […]
Franck’s Pharmacy Closes; Compounding Lab is Now Wells Pharmacy Network
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law July 31, 2012, marked the end of an era for Franck’s Pharmacy in Ocala, Florida, as the retail location closed its doors for good. According to an Ocala Star-Banner article, in July 2012, Franck’s Compounding Lab, which was […]