The Health Law Blog

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Former Pharmaceutical Sales Rep to Serve 70 Months in Prison for Part in $13M Oxycodone Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 24, 2017, a federal judge in the U.S. Southern District of Florida in Miami sentenced a former pharmaceutical salesman to nearly six years in prison for his part in a $13 million money laundering scheme. The scheme involved more than two million oxycodone pills, which the salesperson allegedly helped supply to pain clinics by falsely telling pharmaceutical wholesalers that the clinics weren...

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3/28/2017 Comments(0)

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 for yourself. 2. Start a romantic relationship with a patient. 3. Take someone else's prescription medication, ever. 4. Write a prescription for or treat a patient, especially...

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3/27/2017 Comments(0)

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. U.S. District Judge, Steven D. Merryday, upheld the jury’s $115 award affirming that the operators of the 53 nursing facilities had violated the False Claims Act FCA . The c...

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3/24/2017 Comments(0)

Florida Supreme Court Upholds Amendment 7, Right of Patients to Documents on Adverse Events

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Supreme Court in Charles v. Southern Baptist Hospital, on January 31, 2017, issued a decision dealing with the relationship of Florida’s Constitution Amendment 7, allowing patient access to documents on adverse medical incidents, and the Federal Patient Safety Quality Improvement Act PSQIA . The Florida Supreme Court disagreed with the lower court's interpretation of the PSQIA and tha...

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3/23/2017 Comments(0)

Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance

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 Medicine cases, that they had good insurance coverage with Healthcare Providers Service Organization HPSO Insurance, but could not find an attorney that would accept it. Often these professionals retain us after action has been taken to appeal or attempt to reverse an adverse di...

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3/22/2017 Comments(0)

Louisiana Based Health Care Company 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 Millennium Health Care Services Millennium must pay the state nearly $7 million in restitution and will spend 10 years behind bars for his role in a scheme to defraud the Medicaid system, according to Louisiana Attorney General Jeff Landry. Millennium’s owner, Dwaine Woods, was ordered to pay $6,985,249 in restitution after his wife and the company were all foun...

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3/13/2017 Comments(0)

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 awaits further review It’s been proposed that Florida residents seeking medical marijuana prescriptions will need to have an in-person examin...

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3/9/2017 Comments(0)

Texas Appeals Court Affirms$1.37 Million in Sanctions Against Doctor who Sued Hospital Former Employers

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 16, 2016, an appeals court in Texas affirmed a $1.37 million sanction against a doctor. The physician was ordered to pay the fine after the dismissal of a defamation lawsuit he filed against his former employers. The decision affirmed that the actions of his former employers, Baylor College of Medicine Baylor and Texas Children's Hospital, did not cause the litigation fees which the court a...

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3/7/2017 Comments(0)

CMS Issues Final Rule to Revise Home Health Conditions of Participation

By Michelle Bedoya, J.D., The Health Law Firm On January 13, 2017, the Centers for Medicare & Medicaid Services CMS issued a final rule that revises the conditions of participation CoPs that home health agencies HHAs must meet to participate in the Medicare and Medicaid. The requirements focus on the care delivered to patients by HHAs, reflect an interdisciplinary view of patient care, allow HHAs greater flexibility in meeting quality care standards and eliminate unnecessary procedural requi...

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3/6/2017 Comments(0)

Court Rules That Florida Doctors Can Talk to Patients About Guns

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 16, 2017, a federal appeals court ruled that a controversial Florida law that restricted doctors from asking patients about firearm ownership violates medical professionals' constitutional right to free speech. The opinion, striking down key provisions of the Florida law, was the latest ruling in a legal challenge to the so-called "Docs vs. Glocks" law. The law quickly became a heated ideol...

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3/1/2017 Comments(0)