Michigan Dentist Accused of Million Dollar Medicaid Fraud Scheme Captured in Caribbean
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Michigan dentist accused of Medicaid fraud was recently captured in the Dominican Republic after evading charges for months, state authorities announced. Dr. David Johnson operated the alleged scheme through Livernois Dental in Detroit, which he owned at […]
Florida Woman Lands Herself 6.5 Years in Prison, Owes $45 Million for Medicare Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 22, 2017, a Florida woman who was accused of a $45 million Medicare fraud, received a six-and-a-half-year prison sentence, following a 2016 U.S. Supreme Court decision in her case holding that the government could not freeze […]
Appeals Court Affirms Discipline for Doctor Who Sold Prescriptions at Bar
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 15, 2017, a physician who sold painkiller prescriptions to patients at a bar and restaurant, had his two-year probation for unprofessional conduct upheld by a Maryland appeals court. The court upheld the decision after it found […]
Massachusetts Mental Health Centers Submitted False Claims According to Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 5, 2018, the state of Massachusetts lodged a False Claims Act (FCA) suit in federal court against the operators of a number of mental health centers. In the suit, it is alleged that they improperly billed […]
Trump Administration Reverses Guidelines for Penalties Against Nursing Homes
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Trump administration is actively reversing nursing home guidelines previously put in place under President Barack Obama. The current administration is scaling back the use of fines against nursing homes that harm residents or place them in grave […]
Alabama Doctor and 3 Nurse Practitioners Charged With Running Fraudulent Pill Mill
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 6, 2017, three nurse practitioners and a doctor were arrested following an Alabama federal grand jury indictment accusing them of operating a “pill mill.” According to the U.S. Department of Justice (DOJ), all four allegedly dispensed […]
Broward Health Executives Charged for Conspiring to Get Rid of CEO
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 12, 2017, five North Broward Health District executives were hit with criminal charges. A state attorney is alleging violations of Florida’s open government laws for supposedly holding secret meetings at which they decided to terminate the […]
Kmart Agrees to Pay $32.3 million to Settle Whistle Blower’s False Claims Act Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 22, 2017, Kmart Corporation agreed to pay $32.3 million to settle a whistle blower lawsuit alleging its pharmacies caused federal health programs to overpay for prescription drugs by not telling the government about discounted prices. The […]
Qui Tam Cases: If You Are Thinking About Blowing the Whistle, Follow These Tips
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At The Health Law Firm, we have represented many clients that were involved in qui tam cases brought because of false claims under the Medicare False Claims Act (FCA). We have defended health facilities and health professionals, but […]
Little Known Facts About State and DOH Investigations That Could Save Your Professional License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The notice that you are under investigation may seem nonthreatening. It may come in the mail, be delivered personally by an investigator or you may receive a telephone call from the investigator. This is a very serious matter […]
Illinois Implements New Regulations That Allow Psychologists to Prescribe
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Illinois clinical psychologists can now obtain licenses to prescribe medications for mental conditions under new regulations passed by the state. The new regulations issued by the Illinois Department of Financial and Professional Regulation (IDFPR) took effect in October […]
Finding an Attorney/Lawyer Who Takes Nurses Service Organization (NSO) Insurance to Defend Nursing Board Complaints
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Nursing cases, that they had good insurance coverage with Nurses Service Organization (NSO) Insurance, but could not find an attorney […]
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Assisted Living Facility (ALF) Owners
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and the Agency for Health Care Administration (AHCA), that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could […]
Florida Federal Judge Triples Award to $347 Million in Rare Whistleblower Case
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 1, 2017, a Florida federal judge tripled a $115 million damages award for the government to $347 million after a jury found that the operators of 53 nursing facilities submitted false claims to Medicare and Medicaid. […]
Licensed Health Professionals Should Have No Trouble Locating an Attorney/Legal Counsel Who Takes CPH & Associates (CPH&A) Insurance To Represent Them in Licensing Actions and Hearings
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from licensed health professionals who call and retain us to represent them in complaints against their professional licenses in investigations and formal licensure complaints. Often these professionals retain us after adverse disciplinary action has already […]
Virginia Medical Board Wins Appeal Concerning Doctor’s Revoked Medical License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, a Virginia appellate court ruled that a doctor’s state medical license was properly revoked for various reasons including allowing medical students to perform unauthorized medical procedures. The appellate court said the doctor’s due process […]
Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply […]
Florida Doctors and Pharmacists Beware: Gov. Scott Declares State of Emergency for Opioid Abuse Crisis
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 3, 2017, Florida Gov. Rick Scott declared a state of emergency to combat Florida’s opioid-addiction epidemic. According to the governor, the number of overdose deaths has reached epidemic proportions. This declaration will allow nearly $30 million […]
Recommendations For Physicians Who Receive Notice of Investigation From the ABIM
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 2010, the American Board of Internal Medicine (ABIM) sanctioned 139 physicians for seeking out and sharing board examination questions with a testing preparation company. For the physicians involved in that cheating scandal, disciplinary action taken by the […]
CMS Drops Florida Nursing Home From Medicare Program After 14 Patients Died During Storm
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 12, 2017, federal health officials announced they are dropping a Florida nursing home from the Medicare program after 14 patients died allegedly as a result of the Hurricane Irma emergency. On Sept. 13, 2017, eight residents […]
New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, […]
Florida Senate Health Committee Approves Change In Optometrist Certification
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 5, 2017, the Florida Senate Health Policy Committee approved a bill that would allow the Florida Board of Optometry to offer practical and written “certification” examinations to applicants. The bill would assist optometrists who were licensed […]
It is Always a Bad Idea for a Doctor, Nurse or Health Professional to . . . .
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law My experience in representing doctors, nurses and other licensed health professionals in disciplinary cases has lead me to conclude, us to conclude, its is always a bad idea for them to: 1. Write a prescription for any medication […]
30 Major Mistakes Dentists Make After Being Notified of a Department of Health Investigation- Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a Department of Health (DOH) complaint which could lead to the revocation of the dentist’s license, usually starts with a simple letter from the DOH. This letter should not be ignored. This is a very […]
30 Major Mistakes Dentists Make After Being Notified of a Department of Health Investigation- Part 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law This two part blog series discusses the seriousness of receiving a letter of investigation from the Department of Health (DOH) and the importance of consulting an experienced health law attorney. In many cases, we are consulted by dentists […]
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Massage Therapists
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Massage Therapy, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an […]
Finding an Attorney/Lawyer Who Takes CPH & Associates (CPH&A) Insurance To Represent Massage Therapists in Complaint Investigations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from massage therapists who call and retain us to represent them in complaints against their masage therapy licenses in professional licensing complaints. This includes letters from the Department of Health (DOH) advising them that they […]
City of Fort Myers, Florida, Agrees to Pay $149,000 to Settle Dispute With Mental Health Facility
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 3, 2017, the city of Fort Myers, Florida, agreed to pay $149,000 to settle a discrimination-related real estate zoning and licensing dispute with Sovereign Health of Florida Inc., a rehabilitative mental health and addiction treatment provider. […]
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Mental Health Counselors and Social Workers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Mental Health, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an […]
Mental Health Counselors and Social Workers Should Not Have Difficulty in Finding A, Attorney/layer Who Takes Cph & Associates (CPH&A) Insurance to Represent Them in Complaint Investigations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from Mental Health Counselors, Social Workers, Psychologists and Family Therapists who call and retain us to represent them in complaints against their professional licenses in professional licensing complaints. This includes letters from the Department of […]
Owner of Louisiana-Based Health Care Company Ordered To Pay Nearly $7 Million for Medicaid Fraud
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 20, 2016, the owner of Louisiana-based Millennium Health Care Services (Millennium) was ordered to pay the state nearly $7 million in restitution and will spend 10 years behind bars for his role in a scheme to […]
Nursing Home Chain Hit With $1.5 Million Verdict in Sex Discrimination Lawsuit as Jury Sides with Former Employee
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 2, 2017, a former elder care facility executive was awarded a $1.5 million verdict by a federal jury in Washington state. Irene Riggs claims she was fired for complaining about the “sexually charged” environment created by […]
Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 8, 2016, The Florida Board of Medicine issued a proposed amendment to its telemedicine regulations to clarify that physicians cannot order medical cannabis or low-THC cannabis through telemedicine. The regulation is in the preliminary stages and […]
Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 20, 2017, the Orange County Medical Society (OCMS) Board of Directors was alerted to a scam involving medical marijuana. The scammers attempt to steal credit card information from patients. Patients are requested to provide their credit […]
First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 8, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I […]
New Report Reveals Massive $2.4 Billion Marijuana Impact on Colorado Economy
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 27, 2016, the Marijuana Policy Project issued a report for 2015 stating that the state-legal medical marijuana industry had a $2.4 billion economic impact on the Colorado economy. The cannabis industry, the fastest-growing business sector in […]
Denver Coffee Shop May Become First Business to Allow Social Marijuana Use
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 12, 2017, the first application to allow social marijuana use in a business has landed in Colorado. This first application seeks to allow vaping and use of edibles southwest of downtown. Denver is the first in […]
Federal Judge Dismisses Former NFL Player’s Marijuana Decriminalization Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 26, 2018, a New York federal judge dismissed a former NFL star’s suit demanding decriminalization of medical marijuana. U.S. District Judge Alvin K. Hellerstein said the Second Circuit has already determined that Congress had a rational […]
What You Should Know Before Dabbing Into the Risks of Marijuana-Related Mergers and Acquisitions
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As public support grows for the legalization of marijuana in the U.S. and Canada, mergers and acquisitions lawyers should be studying up now on the ins and outs of cannabis compliance. In the U.S., there are 29 states, […]
