Don’t Ring in the New Year with a HIPAA Audit – Safeguard Yourself Now
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Here’s a scary reminder: There are people attempting to hack into electronic health systems every second of every day. Thankfully, most of these attempts are unsuccessful due to the preventive technologies in place to safeguard such information. However, […]
A New Year Means New Audits and Site Visits for Assisted Living Facilities – Protect Yourself Now
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For Assisted Living Facilities (ALFs) in Florida, it’s time to do a little brushing up on your compliance material. Beginning in January 2015, the Agency for Health Care Administration (AHCA), Office of Inspector General (OIG), Bureau of Medicaid […]
Physician Argues Definition of “Peer” at Formal Administrative Hearing
FACTS: The Agency for Health Care Administration (“AHCA”) is responsible for administering Florida’s Medicaid program and conducting investigations and audits of paid claims to ascertain if Medicaid providers have been overpaid. With regard to investigations of physicians, section 409.9131, Florida Statutes, provides that AHCA must have a “peer” evaluate Medicaid claims before the initiation of formal […]
Open for Registration: Telemedicine Association Begins Telemedicine Accreditation
By Lance O. Leider, J.D., The Health Law Firm The American Telemedicine Association (ATA) recently announced that it was accepting a limited number of applications for its telemedicine provider accreditation program. According to the ATA the purpose of the accreditation is to recognize organizations that provide top-notch online health care services. The ATA calls the […]
Trial Court Must Hold Evidentiary Hearing to Determine Disputed Facts in Public Records Act Suit
Edited by George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law An interesting summary of a Florida appellate case from Florida’s First District Court of Appeal recently came across my desk. Florida has a very broad Public Records Act and Sunshine Act. We are […]
The Ins and Outs of Florida’s 2015 Legislative Session for Health Care Providers
George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law Committees are busy in Tallahassee as the 2015 Legislative Session is set to begin on March 3, 2015. For Florida physicians and other health care providers, now is the time to review the legislative bills […]
More Medicare Audits Now Than Ever Before
George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law A Medicare audit, whether it is performed by a contractor of the Centers for Medicare & Medicaid Services (CMS), or by another organization, can be a daunting process. It is never “routine” and should never […]
Wow! Did You Know That There Were All of These Different Medical and Dental Examination and Specialty Boards out There?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Did you know there are many different medically-related examination and specialty boards out there screening applicants’ credentials and administering national examinations required for licensure? What is more, if an applicant is accused of some type of wrongdoing by […]
New MCAT Will Put the Social Skills of Potential Doctors to the Test
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The 8,200 aspiring doctors expected to take the Medical College Admission Test (MCAT) this year will be seeing a different exam than their predecessors. The doctor-patient dynamic is changing. So, to stay on top of this shift in […]
Ready or Not, It’s Irregular Behavior Season…
By Lenis L. Archer, J.D., M.P.H., The Health Law Firm Every year at regular intervals, our firm receives calls from panicked medical students and residents about a recent letter they have received, alleging irregular behavior. This letter may come from the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE), or […]
Chinese Nationals Indicted in Alleged U.S. Test-Taking Scheme
By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Fifteen Chinese citizens living in the United States reportedly conspired to take college entrance exams for others so they could obtain student visas, according to the Associated Press. The frauds allegedly took standardized exams including the Scholastic Aptitude Test […]
Recent Appellate Court Case Emphasizes The Public’s Right to Records Under Public Records Act
By: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law The following is a summary of a recent appellate case on an issue that may be relevant to those pursuing administrative hearings in health law cases or related cases: Promenade D’Iberville v Sundy, 145 So. 3d. 980 (Fla. […]
Guilty Plea to Research Misconduct Results in 4 1/2 Year Prison Sentence
By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Dong-Pyou Han, a former Iowa State University scientist was sentenced to four-and-a-half (4 ½) years in prison on Wednesday July 1, 2015, for […]
GOP Close to Repeal of Medical Device Tax: Will Elimination of this Key Funding Also Eliminate the Affordable Care Act?
By George F. Indest III, J.D., M.P.A., LL.M, Board Certified by the Florida Bar in Health Law With the support of Democrats, Congressional Republicans may be close to getting the votes they want to push President Obama to accept a repeal of the medical device tax, which helps fund the Affordable Care Act. Some Republican […]
Individual Prescribers of Controlled Substances Should Know the CSA Requirements
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Shelby Root Congress devised a regulatory system to help prevent prescription drug abuse and control both the legitimate and illegitimate traffic of controlled substances. The system makes it unlawful to manufacture, distribute, dispense or possess any controlled […]
Federal Health Officials Propose Medicare Paying Doctors to Discuss End-of-Life Issues
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 and Medicaid Services (CMS) released a new plan for doctors to discuss end-of-life issues with their patients. The plan is part of the CMS annual Medicare physician payment rule. This comes six years after […]
Author Recommends Medicare Use ‘Procedural Triage’ to Eliminate Backlog of Appeals and Restore Faith in the System
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a recent law journal article being considered for publication, Author Matthew J. B. Lawrence of the Harvard University Petrie-Flom Center, makes some bold recommendations for Medicare. His hypothesis seems to be that the extremely long delay that […]
Promoting Research Subject Compliance: Six Tips for Investigators
By Lenis L. Archer, J.D., M.P.H. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Investigators who manage clinical trials involving human subjects rely on their participants to comply with research study parameters. However, ensuring this compliance is much easier said than done. Following are several tips […]
Report: Florida Received an F in Medical Pricing Transparency
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Florida, it’s difficult to compare prices for medical services and procedures because the various prices are not made public. In part because of this, a recent study by a health-care advocacy group gave Florida an F for […]
Medical Staff Involved in Peer Reviewers Can Receive Compensatory and Punitive Damages for Violations of their Confidentiality: 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 and Shelby Root An important decision was delivered by the Supreme Court of New Mexico involving peer reviewers’ statutory right to confidentiality. In the decision, the New Mexico court allowed peer reviewers to recover compensatory and punitive damages […]
Apopka Woman to Serve 18-Month Prison Sentence After $47K Medicaid Scam
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An Apopka businesswoman was recently sentenced to 18 months in prison after she was found guilty of a Medicaid scam. According to the Florida Attorney General’s Office, Shanqual Marshall-Gunn was arrested in September on suspicion of submitting more […]
Breach of HIPAA Privacy Regulations May be a Basis for Negligence Actions
By Shelby Root and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law Given the advances in information technology, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted by Congress as a comprehensive legislative and regulatory scheme to ensure basic protections of patients’ right of […]
Appeals Court Upholds Medical Malpractice Law Changes
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 21, a state appeals court in Tallahassee upheld the constitutionality of a controversial change in Florida’s medical malpractice law. It ruled that some privacy rights are waived when patients pursue medical malpractice lawsuits. A federal appeals […]
Employers are Liable in Tort Actions for HIPAA Violations
By Shelby Root and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Health Insurance Portability and Accountability Act (HIPAA) Omnibus Rule, implemented in 2013, modified HIPAA’s privacy and security rules. However, solutions aimed at health privacy challenges such as data and information collected by mobile apps […]
Foreign Massage Therapists Win First Round Against Private College in Class Action Lawsuit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A federal court judge in Orlando, Florida, ruled on July 30, 2015, that a class action lawsuit filed on behalf of a group of foreign licensed massage therapists could proceed against the FCNH, Inc., which does business as Florida […]
New Recreational Marijuana Amendment Being Pushed in Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There is a new effort to legalize the use of marijuana for adults in Florida and not just for medical purposes. The two groups, The Florida Cannabis Action Network and Floridians For Freedom, are pushing for a new […]
Detroit Medical Center to Pay $42M to End Nine-Year Class Action Lawsuit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A month before trial was set to begin, Detroit Medical Center (DMC) agreed to pay $42 million to end a nine-year antitrust class action lawsuit. The long-running suit was brought by nurses accusing eight Detroit area hospitals of […]
A Prescription for Love Fraud
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In May of 2015, Tricare began screening all compound medication prescriptions to ensure approval of each ingredient with the Food and Drug Administration (FDA). This decision came after a finding of a significant increase in compound drug prescriptions […]
HIPAA Basics For Licensed Health Care Professionals: Privacy, Security, and Breach Notification Rules
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Department of Health and Human Services (HHS) recently issued a Health Insurance Portability and Accountability Act (HIPAA) fact sheet for health care professionals and organizations. The overview is titled “HIPAA Basics for Providers: Privacy, Security and Breach […]
Five Defendants Admit Guilt in $580 Million Referral Billing Scheme; Investigation Continues in “Operation Spinal Cap”: This Is Not Spinal Tap
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Federal prosecutors filed two cases on November 24, 2015, and a federal judge unsealed three others, all in correlation to the same fraudulent health care scheme. The former Chief Financial Officer (CFO), two orthopedic surgeons, a chiropractor and […]
New Board of Medicine Rule on Disposition of Medical Records Upon Death of Physician
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Rule 64B8-10.001, Florida Administrative Code, was recently updated by the Florida Board of Medicine for the Department of Health (DOH). The final adopted rule was implemented on November 11, 2015. This latest version of the rule entitled, “Medical […]
758 Hospitals to Get Less in Medicare Payments in 2016 Due to High Rates of Patient Safety Incidents: Florida Hospital Among Them
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Medicare will be lowering its payments by one percent in 2016 to 758 hospitals nationwide with high rates of potentially avoidable patient safety incidents. The penalties are based on an assessment of the frequency of several types of […]
California Attorney Ordered By Court To Pay Donation to Women Lawyers’ Professional Group As Sanction For Sexist Comments
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health A medical group defense attorney in California, Peter Bertling, was ordered on Tuesday, January 12, 2016, by U.S. Magistrate Judge Paul S. Grewal, to pay a $250 donation to the Women Lawyers’ Association. The ruling was in response to a sexist […]
AHA Medicare Backlog Lawsuit Back on Track as D.C. Circuit Reverses Dismissal
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 9, 2016, the D.C. Circuit ordered the U.S. District Court for the District of Columbia to reconsider a lawsuit seeking to compel the Department of Health and Human Services (HHS) to meet statutory deadlines for reviewing […]
New Draft Guidance on Use of Electronic Health Record Data in Clinical Investigations Announced By FDA
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 17, 2016, the United States Food and Drug Administration (FDA) published a draft guidance titled “Use of Electronic Health Record Data in Clinical Investigations” (Draft Guidance) which emphasizes interoperability and outlines other best practices for effectively […]
25 Mistakes Massage Therapists Make After Being Informed of a Department of Health (DOH) Complaint
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a complaint which could lead to the revocation of a massage therapist’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department […]
Have You Received a Notice of Termination of Your Medicare Provider Number?
By Danielle M. Murray, J.D. Have you received a notice of termination of your Medicare provider number? Medicare has been revoking the Medicare provider numbers of many different Medicare providers including psychologists and other mental health providers, based on returned mail sent to old addresses which have not been updated or based on inspection team […]
Key West Pharmacy Blows Whistle on Medicaid Fraud and Comes Out on Top
By Danielle M. Murray, J.D. On September 27, 2012, Public Citizen, a watchdog group, reported whistleblowers have initiated $6.6 billion in penalties against drug manufacturers in 2012. Most of these penalties are for fraudulently overcharging government programs. The report names a small Key West, Florida, pharmacy as one of the top whistleblowers in the country. […]
Please, Please, Please Do NOT Talk to the Department of Health (DOH) Investigator
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Massage therapists, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond […]
CMS Issues Conditions of Participation for Community Mental Health Centers
By Lance O. Leider, J.D., The Health Law Firm On October 28, 2013, the Centers for Medicare and Medicaid Services (CMS) announced a Final Rule establishing conditions of participation (CoPs) for Medicare-certified community mental health centers (CMHCs). The Final Rule is CMS 3202-F. These conditions are the health and safety regulations Medicare providers must meet […]
Two Owners of Florida Counseling Center Arrested for Allegedly Defrauding Medicaid Out of $80,000
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The two owners of a Minneola, Florida, ministry that helps provide counseling therapy and case management for children and families, each face up to 15 years in prison for allegedly defrauding Medicaid. According to the Florida Attorney General […]
Specialty Pharmacy Settles Lawsuit Over Illegal Kickbacks
By Lance O. Leider, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Department of Justice (DOJ) announced on December 27, 2012, that a specialty pharmacy, based in San Diego, California, has agreed to pay a $11.4 million settlement. That payment is to resolve allegations […]
After Discipline on Your Massage Therapy License or Resignation of a Massage Therapy License After Notice of Investigation, What Happens Next?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Do you have massage therapy licenses in several states? Do you have a license in more than one health profession? Have you been notified that an investigation has been opened against you? Are you thinking about resigning or […]
New Florida Law Prohibits Massage Therapy Businesses from Operating Between Certain Hours: Should Remedy “Human Trafficking” in Florida
By Lance O. Leider, J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The operation of massage therapy establishments between certain late night and early morning hours will be prohibited under a new Florida law. Section 480.0475, Florida Statutes, becomes effective on […]
The Health Law Firm Attorneys Often Represent Massage Therapists in Last Minute Depositions and Hearings
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 massage therapists regarding the possibility of representing them on short notice at a Board of Massage Therapy hearing, or at a deposition related to a health care matter. We Take Last Minute […]
Administrative Law Judge Recommends Dismissal of All Charges Against Massage Therapist
FACTS: As reported in the June 2013 edition of DOAH Case Notes, Guiping Diamond graduated from the Florida College of Natural Health (“FCNH”) and became a Florida-licensed massage therapist in 2009. However, FCNH’s former registrar falsely told her that FCNH would accept all of the credits from her previous school and that those transfer credits […]
Healthcare Providers Service Organization (HPSO) Attorneys, Lawyers and Defense Council for Pharmacists
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as a mental health counselor, psychologist, or pharmacist has received Healthcare Providers Service Organization (HPSO) insurance, has had a legal problem, and has not been able to […]
Feds File Two Lawsuits Against Novartis for Allegedly Giving Kickback to Pharmacists and Physicians
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Novartis Pharmaceuticals Corporation (NPC) is currently fielding two different lawsuits, filed just days apart from each other, by the U.S. Department of Justice (DOJ). The first lawsuit was filed on April 23, 2013, alleging the company gave illegal […]
Appealing Final Orders and Emergency Suspension Orders (ESOs) from the Florida Board of Nursing
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The professional boards for licensed health professionals in Florida, such as the Board of Nursing, are all under the Florida Department of Health (DOH). Each board is responsible for disciplinary actions and other matters regulating the professions under […]
Nurses, No More Excuses: Get a Personal Professional Liability Insurance Policy Now-Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law To protect yourself from automobile accidents, you carry auto liability insurance. To protect your home from fire, storms and other accidents, you carry homeowners’ insurance. However, I have noticed many nurses fail to carry any insurance to protect […]
Nurses, No More Excuses: Get Personal Professional Liability Insurance Policy Now-Part 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Nurses, I am writing this to strongly encourage you to purchase your own professional liability insurance policy. I have noticed many nurses fail to carry any insurance to protect one of their most precious assets, their nursing licenses. […]
Selling Tobacco Can Get You Penalized By Insurance Panels
By Lance O. Leider, J.D., The Health Law Firm Beware: selling cigarettes could burn a hole in your pocket. The CVS Health Corporation (CVS), the nation’s second-largest drug store, is currently in the midst of launching a tobacco-free prescription-drug network. The company announced in October 2014, that it will begin offering a tobacco-free pharmacy plan […]
The American Nurses Association Breathes New Life Into The Nursing Code of Ethics For 2015
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On a daily basis, the average nurse uses knowledge, training and ethical standards to make vital decisions regarding patient health. Nurses are required to quickly process simple and complex emergency situations, which leaves little room for second guessing. […]
Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the […]
Negligence Will Determine the Success or Failure of the Meningitis Lawsuits Against Doctors and Clinics
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The victims and survivors of the meningitis outbreak are now filing lawsuits against the physicians and clinics that administered the tainted steroids. According to an article in The Tennessean, on January 29, 2013, a husband who lost his […]
Florida’s Medicaid Program Receives Settlement Payment from Pharmaceutical Company
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Attorney General’s (AG) Medicaid Fraud Control Unit (MFCU), 46 other states and the federal government reached a $48 million agreement with pharmaceutical company Healthpoint Ltd., on February 25, 2013. According to the Florida AG, the settlement […]
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 […]
How to Prepare for an Informal Hearing Before the Florida Board of Massage Therapy
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 Massage Therapy, there are a number of facts that you will want to know in order to be properly prepared. This article will […]
Florida Suspends the Licenses of 81 Massage Therapists
By Joanne Kenna, J.D., R.N., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law According to a number of sources, state authorities have announced the suspension of more than 80 massage therapists’ licenses, who appear to have fraudulently obtained their licenses with the help of an employee […]
Suspended Florida Massage Therapists are Being Asked to Voluntarily Relinquish Their Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Christopher E. Brown, J.D. On September 19, 2012, Florida state authorities announced the suspension of more than 80 massage therapists’ licenses. They are accused of fraudulently obtaining their licenses based on fake documentation obtained from a staff […]
Department of Health Licensees Have Statutory Duty to Update Addresses
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 […]
Massage Therapists Need Good Professional Liability Insurance with Broad Coverage
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Whether you’re an independent contractor, an employee of a chiropractor, physician or spa, or you travel to clients’ homes, insurance is essential for all massage therapists. Not only can professional liability insurance protect you in the event of […]
Massage Therapists: Beware of Nationwide Telephone Prescription Drug Scheme
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) is warning massage therapists to be aware of a prescription drug scam. This telephone scheme is extorting money from people all over the country. On November 28, 2012, the DEA released a press […]
Florida Board of Massage Therapy Revokes More Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health (DOH) Board of Massage Therapy met in Sunrise, Florida, on January 24 and 25, 2013. During the meeting the Board held disciplinary hearings to determine, among other matters, the fate of a number […]
Massage Therapists (LMTs) and Massage Therapy Assistants: What You Don’t Know About Legal Matters Can Hurt You
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The attorneys of The Health Law Firm represent Licensed Massage Therapists (LMTs) and Massage Therapy Assistants in a number of different legal matters. We appear before the Board of Massage Therapy. We represent massage therapists and massage therapy […]
Deadline Looming: New Fingerprint Requirement for Florida Massage Therapists
By Lance O. Leider, J.D., The Health Law Firm You can run, but you can’t hide. During the 2014 Legislative Session CS/HB 1065 was passed. This law requires all new applicants and existing massage therapists and establishment owners to submit digital fingerprints. The law has been in effect since July 1, 2014 for new licenses. […]
Director of Center for Developmentally Challenged Adults Accused of Medicaid Fraud
By George F. Indest III J.D., LL.M., Board Certified by The Florida Bar in Health Law The director of a center for developmentally challenged adults in Okaloosa County, Florida, was arrested on August 16, 2012, for allegedly fraudulently billing Medicaid for more than $270,000 for services under the Medicaid Developmentally Disabled Waiver Program, according to […]
Medicare and Medicaid Audits of Psychologists and Other Mental Health Professionals – Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals. I have recently seen a number of audits initiated against psychologists and mental health […]
Medicare and Medicaid Audits of Psychologists and Other Mental Health Professionals – Part 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals. I have recently seen a number of audits initiated against psychologists and mental health […]
Woman Admits to Defrauding Medicaid For Fake Mental and Behavior Health Services
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A North Carolina woman pleaded guilty on September 14, 2012, for her involvement in a health care scheme that allegedly defrauded Medicaid from 2008 to 2011 for fake mental and behavior health services. Through this scheme, she allegedly […]
Medicare Fraud Lands More Than 30 Suspects Behind Bars in South Florida
By Dr. Thu Pham, O.D., Law Clerk On October 4, 2012, federal authorities arrested 33 suspects in South Florida for allegedly filing fraudulent Medicare claims totaling $205 million. Payment of bribes and kickbacks, as well as payments to patient recruiters were an issue in this investigation. To read the entire article from the Miami Herald, […]
Central Florida Mental Health Counselor Accused of Heading Up $3 Million Medicaid Fraud Scheme
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 A registered mental-health counselor is accused of running a $3 million Medicaid scheme through the mental health facility she owned, according to the […]
New Mexico’s Largest Mental Health Providers Accused of Defrauding Medicaid Out of $36 Million
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For months now, 15 New Mexico behavioral health agencies have been the subject of a Medicaid fraud investigation. The state’s largest mental health providers had their Medicaid funding frozen by the New Mexico Human Services Department (HSD) due […]
Mother and Daughter-In-Law Arrested for Allegedly Defrauding Medicaid Out of More Than $70,000
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A mother and daughter-in-law duo each face up to 30 years in prison for allegedly defrauding the Florida Medicaid program out of more than $70,000. According to a press release from the Florida Attorney General (AG), released February […]
Why Nurses Should Purchase Professional Liability Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 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 […]
Advice for Nurses Regarding Department of Health Investigations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We see and hear about a lot of incorrect legal advice being given to nurses regarding what they should do if they are being investigated. The incorrect advice being given even includes mailings they may have received containing […]
Nursing Professionals Cannot Afford to Not Carry Nursing Malpractice Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Nurses: Please Protect Yourself With Professional Liability Insurance. I am writing to strongly encourage you to purchase nursing professional liability insurance that covers you for complaints and investigations initiated against you and your nursing license. I am not […]
Almost 19% of Nurse Aides Charged with Abuse and Neglect, had Prior Criminal Records
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A report released by the Department of Health and Human Services (HHS) Office of Inspector General (OIG) on October 5, 2012, found that nineteen percent (19%) of long-term care nurse aides who were found guilty of on-the-job abuse, […]
Detroit Nurse Will Spend Time Behind Bars for Signing False Medicare Claims
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Detroit-area registered nurse was sentenced on November 19, 2012, to 30 months in federal prison for his alleged part in a nearly $13.8 million Medicare fraud scheme. According to a Department of Justice (DOJ) press release, he […]
Whistleblower Case Against Tennessee-Based Nursing Care Company
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) is investigating a Tennessee-based nursing care company. The company runs more than 200 skilled nursing homes (SNFs), assisted living facilities (ALFs), retirement […]
Florida Nurse Allegedly Filled Fake Prescriptions for Painkillers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Central Florida nurse is in trouble with the law for allegedly writing fake prescriptions and illegally obtaining painkillers for herself, according to the Orlando NBC affiliate, WESH television. The nurse was allegedly arrested during the week of […]
Nurses: Locate a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Cases
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the […]
Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse practitioners (CRNPs) and nurse midwives (NMs) has received Nurses Service Organization (NSO) insurance, has had a legal […]
Traveling Nurses Must Have Appropriate Professional Liability Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are often asked what we consider to be the biggest problem that a nurse has in defending herself in a complaint against her license. In our opinion, it is not having the financial resources to retain the […]
Your Professional Nursing License May Be Your Most Valuable Asset; Insure It!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Suppose you had an item that you really wanted but was very expensive. Suppose this item cost you $80,000. Perhaps you took out a loan in order to pay for the item. Suppose in addition to paying $80,000 […]
Is Your Smart Phone HIPAA Compliant?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Identity theft is at an all-time high, and the health care industry is at exceptional risk. It’s no mystery that a patient’s health file contains all the pertinent information required to successfully steal a person’s identity, including the […]
Detroit Medical Center Agrees to Pay $42M to End Long-Running Antitrust Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A month before trial was set to begin, Detroit Medical Center (DMC) agreed to pay $42 million to end a nine-year antitrust class action lawsuit. The suit was brought by nurses accusing eight Detroit area hospitals of conspiring […]
Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Cases
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the […]