Call: (407) 331-6620 or (850) 439-1001
Toll-free: (888) 331-6620
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Call: (407) 331-6620 or (850) 439-1001
Toll-free: (888) 331-6620
JUDGE ALLOWS LAWSUIT CHALLENGING HEALTH REFORM TO PROCEED
On October 14, 2010, a Federal Judge in Pensacola, Florida ruled that part of the lawsuit challenging the health reform legislation could continue. According to the press release by Florida Attorney General Bill McCollum, the “ruling is a victory for the States, small businesses and the American people.” The Judge allowed a number of the claims to continue including the claims that the individual mandate requiring Americans to buy health insurance and the Medicaid expansion are not permitted under the Constitution. The suit filed by Florida Attorney General Bill McCollum is the highest profile of several cases opposing the health reform legislation. A Federal Judge in Detroit recently dismissed a similar suit challenging the health reform legislation.
COURT RULES AGAINST UNCERTIFIED PHYSICIAN
The Third District Court of Appeals ruled that a physician was not entitled to an injunction against a hospital that refused to renew the physician’s privileges. The hospital notified the physician that it would not renew the physician’s privileges because the physician had not obtained board certification within seven years as required by the hospital bylaws. The Court found that the physician was not entitled to an injunction in part because he could not show irreparable harm. According to the Court, the physician remained licensed as a physician and was able to continue practicing medicine.
FLORIDA BOARD STILL GRAPPLING WITH PAIN MANAGEMENT
The new Florida law for pain management clinics requires the Florida Board of Medicine to establish a rule on the total number of prescriptions for Schedule II, Schedule III and Alprazolam that may be written per day. The Board considered limiting the number of prescriptions to 150 per day for each full time physician. Physicians working part-time would be allowed to write fewer prescriptions based upon the number of hours worked. The law was passed to address the growing abuse of prescription drugs that reportedly causes seven deaths per day in Florida. The Board has been meeting regularly in joint sessions with the Florida Board of Osteopathic Medicine to develop rules for pain management clinics. The training required to practice in a pain clinic has been one of the more hotly debated issues. The Board of Medicine only wants anesthesiologists, neurologists, neurosurgeons, psychiatrists and physicians with specialized training in pain medicine or physical medicine practicing in pain clinics. The Board of Osteopathic Medicine wants to allow general internists and family physicians among others to practice in pain clinics.
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By Appointment • 201 E. Government St., Pensacola, FL 32502 Telephone: (407) 331-6620(850) 439-1001 Telefax: (407) 331-3030
Medicare/Medicaid Audits, Health Care Law, Contracts, Hospital Privileges Hearings, Investigations, DEA Defense, Board of Medicine Defense, Fraud Defense, Administrative Hearings, PRN, IPN, Professional Licensing, Medicare/Medicaid Fraud Defense, Nursing Law, Compliance Plans, Hospital Law, Board of Dentistry, Board of Nursing, Board of Pharmacy, Board of Psychology, White Collar Crime, Pain Management and Pain Medicine Physician Defense, Pain Management Clinic Defense, Zone Program Integrity Contractor (ZPIC) Audit Defense, Recovery Audit Contractor (RAC) Audit Defense, Medicaid Fraud Control Unit (MFCU) Defense, Search Warrant and Subpoena Defense, Board of Psychology Defense, NBME Representation, U.S.M.L.E. Challenges, ABIM Representation, Medical Exam Cheating Defense…and more
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The Health Law Firm logo shown above is a registered Service Mark of George F. Indest III, P.A. – The Health Law Firm, since 2007.
“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.