Don’t Voluntarily Relinquish Your Medical License or DEA Registration Number, Here’s Why
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I am often contacted by clients who are health professionals or own businesses in the health care industry who have been approached by government agents or investigators regarding possible complaints or charges. In many cases, the individuals involved […]
CMS Extends Waivers under the ACO Shared Savings Program
By Lance O. Leider, J.D., The Health Law Firm On November 2, 2011, the Centers for Medicare and Medicaid Services (CMS) promulgated the interim final rule on fraud and abuse waivers for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program. The interim rule can be found at 76 Fed. Reg. 67801. The […]
Sexual Misconduct by Rogue Employees Can Cost Big Money: Your Responsibility as an Employer
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Johns Hopkins Health System agreed to shell out $190 million to more than 7,000 women and girls, in one of the largest settlements ever in the United States involving sexual misconduct by a physician. A gynecologist, practicing in […]
Students Graduating Medical School in Three Years
By Danielle M. Murray, J.D. To combat the nationwide shortage of primary care physicians and the increase in student debt, several medical schools around the country are offering the chance for students to finish school in three years, instead of four. According to a number of news articles, these programs are geared specifically toward medical […]
Orlando Physician To Pay $10,000 Fine for Prescribing Painkillers to Undercover Agents
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 24, 2013, an Orlando physician pleaded no contest to racketeering charges for allegedly prescribing pain pills to undercover agents who did not need them. The physician was fined $10,000 and placed on 20 years of probation. […]
Lehigh University Student Sues Grad School for $1.3 Million for Bad Grade
By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law While in school, we all received grades that we believed to be unfair or unwarranted. One graduate of Lehigh University in Pennsylvania, has taken her bad grade to court. She is suing the university over a “C+” grade. In […]
You Must Challenge Overpayment Demands from Medicare and Medicaid Audits
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We have recently received numerous communications from health care professionals, including physicians, physical therapists, occupational therapists, mental health counselors, durable medical equipment (DME) providers, assisted living facilities (ALFs), group homes, and psychologists, who have been placed on prepayment […]
Stryker Orthopaedics Facing Dozens of Hip Implant Lawsuits
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As of February 2013, more than 80 lawsuits have been consolidated into multicounty litigation (MCL) in the Superior Court in New Jersey against Stryker Orthopaedics. Patients are claiming the company’s Rejuvenate and ABG II modular-neck femoral hip systems […]
First Trial Over DePuy Hip Implants Finished – Plaintiff Receives $8.3 Million
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Carole C. Schriefer, R.N., J.D., The Health Law Firm On March 8, 2013, a California jury ruled that Johnson and Johnson’s DePuy unit designed a defective metal-on-metal ASR XL hip implant and was negligent, according to Bloomberg News. The […]
Two National Recalls Prompt Food and Drug Administration (FDA) to Update Metal-on-Metal Hip Implant Safety Concerns
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Carole C. Schriefer, R.N., J.D., The Health Law Firm On January 17, 2013, the Food and Drug Administration (FDA) issued an updated public health communication about hip replacement components that have both a metal ball and a […]
Poll Shows Majority Supports the Legalization of Marijuana
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For the first time in four decades, a majority of Americans support the legalization of marijuana, according to a national survey conducted by Pew Research. The results from the survey, released on April 4, 2013, show fifty-two percent […]
The American Academy of Family Physicians Releases Third List for Choosing Wisely Campaign
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 24, 2013, the American Academy of Family Physicians (AAFP) released its third list of commonly prescribed tests and procedures that may not be necessary. This list is part of the American Board of Internal Medicine (ABIM) […]
MedPAC Wants to Hold Accountable Care Organizations More Accountable
By Lance O. Leider, J.D., The Health Law Firm As the Centers for Medicare and Medicaid Services (CMS) prepares to designate the next class of accountable care organizations (ACOs), the agency sought the advice and input of the Medicare Payment Advisory Commission (MedPAC) on how to proceed. MedPAC is an independent Congressional Agency established to […]
Federal Judge Challenges the Justice Department’s Interpretation of Federal Law Restricting Medical Marijuana Prosecutions
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a federal case involving a California-based medical marijuana dispensary and the United States, regarding a motion to dissolve a permanent injunction, a federal judge challenged the Department of Justice’s (DOJ) so-called “tortured” interpretation of the law. U.S. […]
“Eight Big Things to Watch” for Marijuana Policy in 2015-From Brookings Institution
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law Marijuana policy has increasing developed through the years. Today, twenty-three states have legalized medical marijuana and four states have approved recreational marijuana, including DC. Below is a summary of The Brookings Institution article “Marijuana Policy in 2015: Eight […]
Florida Physicians Allowed to “Recommend” But Not “Prescribe” Medical Marijuana for Patients
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Under the Compassionate Medical Cannabis Act of 2014, Florida patients suffering from cancer or a physical medical condition that produces chronic symptoms of seizures or severe and persistent muscles spasms can qualify for the use of low-THC cannabis. […]
Workers Can Be Fired For Using Marijuana Off-Duty
By Carole C. Schriefer, R.N., J.D., The Health Law Firm Marijuana may be legal in Colorado, but you can still be fired for using it. Employers’ zero- tolerance drug policies trump Colorado’s medical marijuana laws, the Colorado Supreme Court ruled on Monday. In a 6-0 decision, the Supreme Court ruled that businesses can terminate an […]
DEA Nixes Removing Marijuana From Its Highly Restricted Drug Classification
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 11, 2016, the Drug Enforcement Agency (DEA) denied a petition to lessen federal restrictions on the use of marijuana for the fourth consecutive time. The DEA rejected petitions to remove marijuana from its most highly restricted […]
Cities All Over Florida Prepare for Medical Marijuana, Even Altamonte Springs!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Medical marijuana stores are one-step closer to being able to operate in Altamonte Springs as officials give initial green light to proposed ordinances. The city commission voted unanimously Tuesday evening in favor of the new city ordinances that […]
Could Marijuana Be a Successful Treatment For Opioid Addiction? Lawmakers Are Considering This Alternative Treatment
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Recently, a growing number of patients and doctors have claimed that medical marijuana may help treat addiction to painkillers and heroin. These claims have intrigued lawmakers and advocates who are pushing for marijuana as a treatment for the […]
New Study Reveals Only One Long Term Effect From Smoking Marijuana
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law According to new research, long-term marijuana use may not be so bad for your health after all. A recent long-term study of nearly 1,000 New Zealanders from birth to age 38 has found that people who smoked marijuana […]
More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatitis
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The unsanitary practices of an Oklahoma dentist may have exposed more than 7,000 patients to HIV and hepatitis, according to a number of media sources and the Oklahoma Department of Health (DOH). Currently officials with the Oklahoma DOH […]
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 […]
The Collateral Effects of Discipline on Your Nursing License
By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A. A case involving an arrest or a conviction involving alcohol abuse (DUI/public Intoxication) or drugs (possession, diversion, theft, trafficking) will probably result in an emergency suspension order (ESO) until the entire licensure case is complete. B. Client may […]
Health Professionals Who Are Employees Must Have Personal 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 health professional experiences in defending himself or herself in a complaint against their license. In our opinion, it is not having the financial resources […]
The Fight for Medical Marijuana Lights Up in Florida and Across the U.S.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The fight to legalize medical marijuana seems to be spreading across the country. In Florida, a medical marijuana group said it cleared the first major hurdle to get a proposed constitutional amendment for medical marijuana on the 2014 […]
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 […]
Mental Health Professionals Need to Know How To Handle Difficult Patients – Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Psychologists, mental health counselors, social workers, and other psychotherapists, because of the nature of their professions, will often encounter difficult, abusive, or obsessive clients/patients. It comes with the territory. The clients or patients to whom they are expected […]
Florida Harvests It’s First Legal Medical Marijuana Crop
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 18, 2016, Florida harvested it’s first legal marijuana crop. The new crop is being stored in multiple vacuum-packed, 441-gram bags in a freezer on the outskirts of Tallahassee. The harvest is the result of months of […]
Group Pushing For New Marijuana Legalization Amendment 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 in Florida and not just for medical purposes. Petitions will soon hit the streets for a proposed constitutional amendment that would completely legalize use, possession and cultivation […]