The Health Law Blog

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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 a supervisor's inappropriate conduct with a nurse. After a three-day trial, the jury awarded her over $232,000 in lost wages up to the date of trial, nearly $802,000 in f...

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12/13/2017 Comments(0)

Big News For Nursing Homes: Federal Government’s Ban On Nursing Home Arbitration Blocked

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 7, 2016, a Mississippi federal judge temporarily blocked enforcement of the federal government’s ban on mandatory arbitration in cases involving nursing homes. The order from U.S. District Judge Michael P. Mills granted a preliminary injunction sought by the American Health Care Association AHCA and prevents the ban from taking effect on Nov. 28. The proposed rule, released by the Cen...

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12/11/2017 Comments(0)

U.S. Court in Florida Dismisses Whistleblower’s Complaint Against Nuclear Pharmacy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 28, 2017, the U.S. District Court for the Middle District of Florida dismissed a relator's whistle blower's False Claims Act FCA complaint against a nuclear pharmacy in Tampa. The court found that the relator failed to plead fraud with the required amount of specificity that the law requires. The case was filed against GE Healthcare, Inc.'s nuclear pharmacy. The Allegations. GE Healthcare ...

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12/9/2017 Comments(0)

Health Care Software Double-Bills Government For Anesthesia Services According to FCA Suit

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 relator in a Florida federal False Claims Act FCA case, claimed that Epic Systems' Epic health software wrongly defaults to double-billing for anesthesia services. As a result, the government is being overbilled by hundreds of millions of dollars, according to relator Geraldine Petrowski. The Relator’s Allegations. In an amended complaint, the relator alleges Epic billing s...

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12/8/2017 Comments(0)

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 untainted assets. Sila Luis received an 80-month prison sentence in addition to being ordered to pay $45 million in restitution. This came after a 2016 guilty plea to a...

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12/5/2017 Comments(0)

Lake County, Florida Votes Unanimously to Ban Medical Marijuana Dispensaries

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 24, 2017, Lake County commissioners decided to ban medical marijuana dispensaries, citing the willingness of some neighboring communities to allow medicinal pot shops. The ban applies only to unincorporated areas of the county and not to the surrounding cities. Access to Medical Marijuana. Twenty-five states have already approved the use of medical marijuana and four states allowed recreatio...

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11/30/2017 Comments(0)

Mother Files Suit Against Walgreens Over Prescription That Killed Her Son

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 31, 2017, an Illinois woman filed suit against Walgreens with a state court suit claiming store personnel gave her incorrect instructions for handling the anti-rejection drugs prescribed to her 3-year-old son. The medication was prescribed to the boy after his heart transplant, and Tatiana Lowe claims Walgreens pharmacy’s error resulted in his death. The Lawsuit. Lowe alleged that Walg...

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11/24/2017 Comments(0)

Florida Dental Receptionist Charged With Stealing Thousands of Dollars From Patients

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 20, 2017, a receptionist at a Deltona dental clinic was arrested on charges she stole thousands of dollars in cash payments from the business’ customers since the beginning of 2016. Lucina Rodriguez was charged with two counts of grand theft in the case, which involved 30 missing bank deposits totaling more than $18,000 in cash. Rodriguez allegedly collected the cash payments from cust...

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11/20/2017 Comments(0)

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 the time but has since sold. 27 Charges. Dr. Johnson was charged by Michigan Attorney General Bill Schuette in May 2017, after allegedly using anoth...

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11/8/2017 Comments(0)

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 died and the others were evacuated from the Rehabilitation Center at Hollywood Hills after the facility lost air conditioning. Six more have since died, which attorneys ...

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11/6/2017 Comments(0)