The Health Law Blog

Latest Posts

Community Health Exploring Options Including the Possible Sale of Its Business

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 16, 2016, Community Health System Inc. CHS , one of the largest U.S. hospital chains, announced that it is exploring the possibility of a deal to sell the company. The struggling Tennessee-based company announced "very preliminary" discussions with advisers to consider all of its options. A Tough Sell. Since its acquisition of 71 hospitals from Florida-based Health Management Associates In...

Read More
9/26/2016 Comments(0)

HHS Announces Hefty Increase in Civil Monetary Penalties

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 16, 2016, the U.S. Health and Human Services HHS announced new updates that would require health care organizations to pay heftier penalties if they violate federal regulations. HHS is seeking maximum penalties and adjustments reflects multiple years of inflation. HHS is required to publish catch-up adjustments under Section 4 b of the Federal Civil Penalties Inflation Adjustment Act Impro...

Read More
9/23/2016 Comments(0)

CMS's Pre-Claim Review Project for Home Health Agencies Delayed Indefinitely For Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Centers for Medicare & Medicaid Services CMS is implementing a three-year Medicare Pre-Claim Review Demonstration for Home Health Services in the states of Illinois, Florida, and Texas Michigan and Massachusetts. The CMS Pre-Claim Review Demonstration officially began in Illinois on August 3, 2016, however, early information received from Illinois, has caused a change of plans. CMS now believes...

Read More
9/22/2016 Comments(0)

Judge Rules Against Wal-Mart For a New Trial in $16 Million Gender Bias Suit

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 16, 2016, a New Hampshire federal judge ruled against Wal-Mart’s request for a new trial after a fired store pharmacist won about $16.2 million in a gender discrimination case. The judge did however, request clarification from a state court on the company's request to limit enhanced compensatory damages to $15 million and reduce the front-pay award. The Gender Bias Lawsuit. In Januar...

Read More
9/21/2016 Comments(0)

New Florida Rules Shorten Required Hours For Community Pharmacies and Change Start of Business Requirements

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Board of Pharmacy BOP amended its rules regarding community pharmacies following a request for relief by industry health care professionals. The amended rules include shortening community pharmacy hours of operation from 40 to 20 hours per week, pharmacy delays to open business after the receipt of a permit and changes regarding ownership. Rules promulgated by The Florida BOP are published ...

Read More
9/20/2016 Comments(0)

Big Surprise! California Doctors And Hospitals Can’t Agree Over Role Of Nurse-Midwives

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 8, 2016, a California bill was announced that would allow certified nurse-midwives CNMs to practice in hospitals independently. It is apparently upsetting many of teh state's physicians. The California Hospital Association and the California Medical Association which represents doctors , agree that nurse-midwives have the training and qualifications to practice without physician supervision. ...

Read More
9/20/2016 Comments(0)

Former Connecticut Dentist Ordered To Pay $700k For Medicaid Billing Scheme

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, a former dentist in Connecticut and his practice were ordered to pay more than $700,000 in restitution and civil penalties for improperly billing the state Medicaid program for pediatric dental cleanings and fluoride treatments. Connecticut Attorney General George Jepsen says a Superior Court judge ruled that Dr. Douglas Macko and his practice violated the Connecticut Unfair Trade P...

Read More
9/19/2016 Comments(0)

Dentists File Class Action Lawsuit Against 3M over Faulty Dental Crown Materials

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In April and May 2016, dentists from Florida, Georgia and Texas filed a class action lawsuits. Six suits have been filed in federal court in Minnesota against the Minneapolis-based 3M Co. http://www.3m.com/ . These have been consolidated by the federal court. Each of the complaints in these six cases alleges that 3M's Lava Ultimate restorative material used to make dental crowns chair-side by dentists ...

Read More
9/19/2016 Comments(0)

DOJ and FTC Ask Fifth Circuit To Dismiss Antitrust Appeal

By Miles O. Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On September 14, 2016, the Department of Justice DOJ and Federal Trade Commission FTC filed a joint amicus brief before the United States Court of Appeals for the Fifth Circuit, arguing that the court lacks jurisdiction to hear a medical board’s appeal of an antitrust case. The central issue of the Fifth Circuit’s jurisdiction is whether it can hear an immediate appeal of a lower court’s refusal to dismiss a case u...

Read More
9/19/2016 Comments(0)

It is Always a Bad Idea For a Doctor To...

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In my 30 plus years of practice representing physicians, dentists, nurses and psychotherapists, I have defended clients involved in many different situations. Several of these seem to be problem areas which we see repeatedly. Following is a list of those problems which it would seem to be common sense for a physician or other health care professional to avoid doing. If you do any of these you can rest ...

Read More
9/16/2016 Comments(0)