Call: (407) 331-6620 or (850) 439-1001 Toll-free: (888) 331-6620
HEALTH REFORM LITIGATION
A total of twenty states have joined the lawsuit originally filed by Florida Attorney General Bill McCollum against the health reform legislation. The lawsuit alleges the health reform legislation violates the constitution by requiring all citizens to obtain health care coverage or pay a tax penalty. The lawsuit also alleges the legislation places onerous burdens on the state Medicaid programs. Numerous physician groups oppose the health reform legislation despite the AMA’s endorsement.
PROPOSED AMENDMENT TO FLORIDA CONSTITUTION
In November there will be a proposed amendment to the Florida Constitution on the ballot. The proposed amendment would prohibit any laws or rules that compel the purchase of health insurance or participation in any healthcare system.
COURT OF APPEAL REVERSES DISMISSAL OF CLAIMS FOR OUTRAGE
The Florida Second District Court of Appeal reversed a trial court’s dismissal of a plaintiff’s claim of outrage against a hospital in a malpractice case. The case involved a death following hip surgery due to cardiac arrest. According to the plaintiff, the patient received an overdose of Esmolol, which actually caused the death, but a physician and two nurses agreed to conceal the true cause of death. The medical examiner did not do a full autopsy because the death was attributed to natural causes by the doctor and nurses. The plaintiff also alleged that the medical examiner and hospital attorney called during the funeral to demand the return of the patient’s body after learning the actual cause of death. The court of appeals said the false statements that led to the interruption of the funeral so that a second autopsy could be performed were atrocious and intolerable behavior sufficient to support a claim for outrage.
FLORIDA LEGISLATURE PASSED NEW PAIN MANAGEMENT LEGISLATION
The Florida Legislature passed tougher legislation for pain-management clinics. The new law would prohibit any business from operating as a pain-management clinic unless it is fully owned by licensed physicians, or licensed as a health care clinic under Chapter 400, Florida Statutes. The new law also requires the Department of Health to revoke the license of any pain-management clinic that is owned or employs a physician whose DEA registration has been revoked, whose application to prescribe, dispense or administer controlled substances has been denied by any jurisdiction, or who has been convicted, pleaded guilty or nolo contendere to any felony concerning controlled substances. The physicians and other persons in control of a pain-management clinic that has its license revoked are prohibited from licensing another pain-management clinic for five (5) years under the new law. The new law has yet to be signed by Governor Crist.
Main Office • 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714 Telephone: (407) 331-6620
By Appointment • 37 N. Orange Avenue, Suite 500, Orlando, FL 32801 Telephone: (888) 331-6620
By Appointment • 201 E. Government Street, Pensacola, FL 32502 Telephone: (850) 439-1001 • Telefax: (407) 331-3030
By Appointment: 201 St. Charles Avenue, Suite 2500, New Orleans, LA 70170
Medicare/Medicaid Audits, Health Care Law, Contracts, Hospital Privileges Hearings, Investigation Defense, DEA Defense, Board of Medicine Defense, Healthcare Fraud Defense, Medical Staff Fair Hearings, Administrative Hearings, PRN, IPN Defense, Professional Licensing Defense, Medicare/Medicaid Fraud Defense, Nursing Law, Hospital Peer Review, Hospital Law, Board of Dentistry Defense, Board of Nursing Complaint Defense, Board of Pharmacy, Medicaid Fraud Control Unit (MFCU) Defense, Search Warrant and Subpoena Defense, NBME Representation, USMLE Irregular Behavior Defense, ABIM Representation, Resident Physician Defense, VA & Military Physician Defense, Department of Health Investigation Defense, and more…
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
Disclaimer | Terms of Representation
“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.