HHS Releases Final Substance Use Disorder Confidentiality Rule
By: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 8, 2024, the U.S. Department of Health and Human Services (HHS) released a final rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records federal regulations (42 C.F.R. Part 2). The new regulation will supposedly […]
New Jersey Appeals Court Says Plaintiffs Don’t Need Presuit Affidavits to Sue LPNs in Medical Malpractice Cases
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a possibly precedent-setting case, on November 9, 2022, for the first time, an appeals court in New Jersey ruled that plaintiffs in medical malpractice cases do not need an affidavit of merit to file claims against a […]
California Dental Practice Pays $23,000 Settlement For Potential HIPAA Privacy Violations Involving Yelp Posts
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 14, 2022, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settled with New Vision Dental (NVD) over a potential HIPAA Privacy violation. The California-based dental practice paid $23,000 to OCR and […]
Florida Primary Care Practice Settles HIPAA Investigation for $20,000
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 15, 2022, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced that Health Specialists of Central Florida, Inc., will pay $20,000 to resolve alleged violations of the Health Insurance Portability and […]
Ex-Surgery Technician Slaps Georgia Urology Practice With Federal Discrimination Lawsuit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 7, 2022, a former surgical technician hit a Georgia urology practice with a federal discrimination lawsuit, claiming it denied him a raise after complaining that a co-worker threatened him because of his sexuality. The plaintiff sued […]
Maryland & Missouri Become 20th and 21st States to Legalize Recreational Marijuana
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Five states had proposals to legalize recreational marijuana on the ballot in the midterm elections held on November 8, 2022. Voters in Maryland and Missouri approved the legalization, while Arkansas, North Dakota, and South Dakota rejected similar proposals. […]
Nurse Faces Suit for Wrongful Death of Jail Inmate Says 10th Circuit Court of Appeals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 3, 2021, the U.S. 10th Circuit Court of Appeals reversed in part, a Utah court’s decision on a lawsuit for the death of a 21-year-old inmate, affirming that the jail’s doctor could claim qualified immunity, but […]
Appellate Court Reverses Nursing Board’s Revocation of License For Florida Nurse; “Due Process Rights Violated” Says Court of Appeal
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 22, 2022, Florida’s First District Court of Appeal reversed a final administrative order from the Board of Nursing, saying that the state agencies engaged in “a game of bait and switch” when revoking a Florida nurse’s […]
Florida Nurse Wins Reversal by Appellate Court of Nursing Board’s Revocation of License; “Due Process Rights Violated” Says Court of Appeal
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 22, 2022, Florida’s First District Court of Appeal reversed a final administrative order from the Board of Nursing, saying that the state agencies engaged in “a game of bait and switch” when revoking a Florida nurse’s […]
Tele-behavioral Health: Important Legal Considerations for Mental Health Providers
By Amanda I. Forbes, J.D. Starting in 2020 and throughout the COVID-19 pandemic, tele-behavioral health services, also known as “e-counseling,” rapidly expanded. Because individuals were quarantined or fearful to venture out, remote mental health care services became very popular among patients. A study published in The Journal of the American Medical Association (JAMA), including 36 […]
Completing an Application for a Nursing License? Here Are Some Helpful Tips!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The process of obtaining a nursing or health care professional license is not only challenging, but it’s also time-consuming. If you have a criminal conviction or unique circumstance which may negatively impact your ability to be granted a […]
Doctor’s Defamation Suit Against University over Use of Resident Physicians Moves Forward
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 July 11, 2023, the United States District Court for the Eastern District of Kentucky allowed a doctor to move forward with one of his defamation claims against the […]
16 Tips For Health Professionals to Avoid Sexual Harassment Complaints & Allegations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Throughout my decades of representing health care professionals, I have seen cases where an economic competitor of a physician generated false sexual harassment complaints to eliminate competition. I have seen cases where an ex-employee invented false allegations of […]
Doctor’s Defamation Suit Okayed for Termination by University over Use of Resident Physicians
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 July 11, 2023, the United States District Court for the Eastern District of Kentucky allowed a doctor to move forward with one of his defamation claims against the […]
How to Find a Lawyer Who Accepts HPSO Insurance to Defend Healthcare Providers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Healthcare professionals such as pharmacists, licensed mental health counselors, advanced registered nurse practitioners (ARNPs), and massage therapists often struggle to find experienced lawyers in Florida who will accept their professional liability insurance after receiving complaints from the Department […]
Dental Practice Pays $23,000 For Potential HIPAA Privacy Violations Involving Yelp Posts
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 14, 2022, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settled with New Vision Dental (NVD) over a potential HIPAA Privacy violation. The California-based dental practice paid $23,000 to OCR and […]
Protecting Your Pharmacist License: Locate an HPSO or Pharmacists Mutual Insurance Attorney to Defend You in a Complaint
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law All healthcare professionals, including pharmacists and pharmacies, should know the importance of good professional liability insurance. These policies protect them from the financial burden of legal expenses in case of any complaints or lawsuits filed against them. Healthcare […]
Mental Health Counselors: Follow These Rules To Prevent Complaints and Keep Your Professional License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Licensed mental health counselors, psychologists, and other mental health care professionals are potential targets of licensure complaints from clients in any practice setting. Many legal situations and cases arise because the therapist has strayed over the line and […]
Finding a Lawyer Who Accepts HPSO Insurance to Defend Healthcare Providers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Healthcare professionals such as pharmacists, licensed mental health counselors, advanced registered nurse practitioners (ARNPs), and massage therapists often struggle to find experienced lawyers in Florida who will accept their professional liability insurance after receiving complaints from the Department […]
Study Reveals 1 in 5 Medicare Recipients Use Medical Marijuana, 66% Agree It Should Be Covered
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A new study has revealed that one in five Medicare recipients use medical marijuana and two-thirds think Medicare should cover it. MedicarePlans.com, a group examining various Medicare issues, commissioned the online poll of 1,250 Medicare recipients in April […]
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 […]
Finding a NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing Professional 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 the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you […]
Certifying Emotional Support Animals and Protecting Your Healthcare 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 […]
Finding a NSO 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 the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you […]
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 […]
Laws Governing ESAs and Service Animals, Part 3 of 3
By Amanda I. Forbes, J.D. This is part 3 of 3 in a blog series regarding the differences between Service Animals and Emotional Support Animals. Read part 1 and part 2. The Fair Housing Act (FHA) is a federal law that “prohibits discrimination in housing because of: race or color, national origin, religion, sex, familial […]
Emotional Support Animals and Protecting Your License, Pitfalls and Tips, Part 2 of 3
By Amanda I. Forbes, J.D.; and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law This is part 2 of 3 in a blog series regarding Emotional Support Animals (ESA) support letters being prepared by counselors and therapists. There are serious pitfalls that exist for the unwary mental health professional and, in […]
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 […]
Have You Found an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners 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 the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you […]
Have You Found an Experienced NSO Insurance Attorney to Defend Your Nursing License or Nurse Practitioners 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 the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you […]
The American Association of Nurse Attorneys (TAANA) Releases COVID-19 Paper in Support of Front Line Health Workers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 2, 2020, The American Association of Nurse Attorneys (TAANA) released a position paper providing an analysis of several key legal issues now facing nurses, physicians and other healthcare professionals dealing with the novel coronavirus pandemic throughout […]
National Nurse Attorneys Association Releases COVID-19 Paper in Support of Front Line Nurses and Health Workers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 2, 2020, The American Association of Nurse Attorneys (TAANA) released a position paper providing an analysis of several key legal issues now facing nurses, physicians and other healthcare professionals dealing with the novel coronavirus pandemic throughout […]
Finding an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners 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 the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you […]
Florida DOH Issues Emergency Rules for Medical Marijuana Treatment Centers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Effective December 10, 2019, emergency rules for the regulation of medical marijuana treatment centers (MMTCs) were issued by the Florida Department of Health (DOH). Also issued were notices of proposed rules to provide further regulation for background screening […]
Finding a Healthcare Provider Service Organization (HPSO) Insurance Attorney to Defend you in a Complaint Against Your Mental Health Counselor or Social Workers License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many licensed mental health counselors (LMHCs), licensed clinical social workers (LCSWs), licensed marriage and family therapists (LMFT), and other mental health professionals carry professional malpractice insurance through the Healthcare Providers Service Organization (HPSO) or one of the many […]