Nurses: Take a Look at This Disciplinary Action Database
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Nurses, did you know the National Council of State Boards of Nursing (NCSBN) maintains a database of all state disciplinary actions? This database, called Licensure QuickConfirm, lists all disciplinary actions from the Florida Board of Nursing and forty-six […]
DOH Releases Quarterly Report Covering Through March 2021
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’s Quarterly Performance Report (QPR) for the Third Quarter of Fiscal Year 2020-2021, was recently released. It provides information and statistics on actions involving licensed health professionals through March 2021. Scope of the Florida […]
Under Medical Peer Review from the Military or the VA? Get Experienced Legal Representation Now
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Our firm is often consulted by military physicians, Veterans Administration (VA) physicians, and former military and VA physicians concerning matters involving peer reviews of their care. In the military, whether Army, Navy, or Air Force, peer review for […]
Department of Health Quarterly Report Released Covering Through March 2021
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’s Quarterly Performance Report (QPR) for the Third Quarter of Fiscal Year 2020-2021, was recently released. It provides information and statistics on actions involving licensed health professionals through March 2021. Scope of the Florida […]
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 […]
New Jersey Appeals Court Says Plaintiffs Don’t Need Affidavit to Sue LPN 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 precedent-setting case, on November 9, 2022, for the first time, a New Jersey appeals court ruled that plaintiffs in medical malpractice cases do not need an affidavit of merit before filing a claim against a licensed […]
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 […]
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 […]
Centene Reaches $166 Million Settlement With Texas Over Its Medicaid Drug Pricing
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The nation’s largest Medicaid insurer, Centene, has agreed to pay $165.6 million to Texas to resolve claims that it overcharged the state’s Medicaid program for pharmacy services. The deal was signed on July 11, 2022, but wasn’t publicly […]
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 […]
Colorado Board of Pharmacy Must Hand Over Patient Identifying Data to DEA
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 22, 2020, a federal judge ordered the Colorado Board of Pharmacy to give the U.S. Drug Enforcement Administration (DEA) prescription drug monitoring program data on two pharmacies that the DEA is investigating. The data includes patient […]
Healthcare Providers, You Might Need A Home Medical Equipment Provider License, If . . .
By Michael L. Smith, J.D., R.R.T. Board Certified by The Florida Bar in Health Law Physicians frequently utilize electrostimulation or transcutaneous electrical nerve stimulation (TENS) units, and other medical equipment in the course of their practice. Most often the physician or the practice bills the patient or the patient’s insurance for the medical equipment. Unfortunately, […]
Doctor, You Might Need A Home Medical Equipment Provider License, If . . .
By Michael L. Smith, J.D., R.R.T. Board Certified by The Florida Bar in Health Law Physicians frequently utilize electrostimulation or transcutaneous electrical nerve stimulation (TENS) units, and other medical equipment in the course of their practice. Most often the physician or the practice bills the patient or the patient’s insurance for the medical equipment. Unfortunately, […]
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 […]
Florida Senate Passes New Legislature to Fix Patient Brokering Act
By Amanda I. Forbes, J.D. A new act (SB 1120) was recently passed by the Florida Senate and enacted on June 18, 2020, with an effective date of July 1, 2020. SB1120 restored the Florida Patient Brokering Act to its original wording to correct a big glitch made when the Legislature previously amended it. On […]
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 […]
Will a Death from COVID-19 be Considered “Accidental Death” for Life Insurance Policies or a Death from “Accidental Causes?”
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Almost all life insurance policies, including term policies, pay a “double indemnity,” that is, double the limits of coverage if a death occurs from “accidental causes” as opposed to “natural causes.” A question arises, given the COVID-19 pandemic, of whether a death caused by […]
Always Provide Complete Records in Response to Government Subpoenas
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At a recent Florida Board of Dentistry meeting, a dentist was charged with violations of her practice act and standard of care violations. This happened because her prior practice had provided incomplete patient records to an investigator when […]
Healthcare Professionals Should Ensure Records Provided in Response to Government Subpoenas are Complete
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At a recent Florida Board of Dentistry meeting, a dentist was charged with violations of her practice act and standard of care violations. This happened because her prior practice had provided incomplete patient records to an investigator when […]
Take this Quick and Easy Quiz to See If You Might Be a “Disruptive Physician”
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I often have consultations with and represent physicians from across the country who are in trouble with their hospital medical staff or their licensing board because a complaint has been filed against them alleging they are a “disruptive […]
Review Your Department Of Health Practitioner Profile or it Could Cost You!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 1997, the Florida Legislature passed a statute that requires the Department of Health (DOH) to maintain online practitioner profiles for certain health care professionals. Practitioner profiles are required for medical doctors, osteopathic physicians (DOs), chiropractors (DCs), advanced […]
You Could Face Steep Repercussions From License Discipline or Resignation After Notice of Investigation
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Do you have a dental, medical, pharmacy or nursing license in several different states? Do you have a license in more than one health care profession? Have you been notified that an investigation has been opened against you? […]
Although the Law Stacks the Deck Against You, Leaving a Foreign Body in a Patient Doesn’t Always Mean Negligence or Discipline
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Leaving a foreign object (sometimes referred to as a “retained foreign body” or “RFB”) in a patient, such as a sponge, clamp, forceps, surgical needle, guide wire, part of a surgical instrument or other paraphernalia commonly used in […]
Review Your Florida DOH Practitioner Profile or it Could Cost You!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 1997, the Florida Legislature passed a statute that requires the Department of Health (DOH) maintain online practitioner profiles for certain health care professionals. Practitioner profiles are required for medical doctors, osteopathic physicians (DOs), chiropractors (DCs), advanced practice […]
The Most Common Cases The Health Law Firm Takes
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law One of the most common questions we get asked by doctors and lawyers alike, is about the types of cases our firm takes. They often mistake the practice of health law as medical malpractice defense. However, this is […]