Court Says Walmart’s Firing Violated Arizona’s Medical Marijuana Law
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On March 22, 2019, the U.S. District Court in Arizona granted summary judgment on anti-discrimination claims in favor of the plaintiff former employee and against Walmart under Arizona’s medical marijuana statute. The plaintiff, a former employee of Walmart, had been terminated after allegedly testing positive for marijuana.
This case is significant because as more states are adopting medical marijuana laws, this represents the growing risks to employers who engage in adverse employment actions against medical marijuana users. Furthermore, since the decision was in federal court, it is even more significant. In this case, Arizona employers gained some much needed guidance for navigating Arizona’s Medical Marijuana Act (AMMA).
The court held that individuals with medical marijuana cards can sue their employers under the AMMA if action is taken against them merely because there is a positive drug test for the presence of marijuana. Also, employers cannot avoid liability by merely showing the employee tested positive because he or she had marijuana metabolites in their system.
The Case: Whitmire v. Wal-Mart, Inc.
In Whitmire v. Wal-Mart Inc., a former employee and qualified patient under the AMMA, injured her wrist while at work. Two days later, she notified human resources of pain and swelling in her injured wrist. At that time, her supervisor instructed her to seek medical treatment. Because she had used marijuana roughly twelve hours before her shift to help her sleep, the drug test was positive for marijuana.
As a result of that drug test alone, Wal-Mart terminated her employment. She then filed a lawsuit against Wal-Mart, alleging that it had violated the AMMA by discriminating against her for her use of medical marijuana. The plaintiff argued that Walmart’s admitted policy of firing regardless of whether the employee possesses a medical marijuana card and regardless of the level detected constituted a complete disregard for the AMMA’s anti-discrimination provisions.
Violating Arizona’s Medical Marijuana Act (AMMA).
The court agreed with the plaintiff and ruled that, without having produced any evidence that the plaintiff “used, possessed or was impaired by marijuana,” Walmart had discriminated against her in violation of the AMMA. Furthermore, by suspending and then terminating her solely based on her positive drug screen and in the absence of expert testimony, the court granted summary judgment in favor of the plaintiff on her AMMA discrimination claim.
It should be remembered, however, that in this case, Arizona has a provision in its medical marijuana law that prohibits discrimination against legitimate users. Every state may not have this. If your state does not have a similar provision in your state’s medical marijuana law, you should lobby for an amendment to include one.
To read the court’s order in this case, click here.
To read about a similar case of employment discrimination dealing with marijuana use, read one of my recent blogs here.
To read about marijuana workplace discrimination in other states such as Colorado, where recreational use is legal, click here to read one of our prior blogs on our Colorado Law Blog.
Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.
The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.
To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
Peabody, Daniel. “A New Ruling on the Arizona Medical Marijuana Act: Did Your Drug Testing Policy Just Go Up in Smoke?” JD Supra. (February 21, 2019). Web.
Mooreman, William; Samolis, Alicia. “Employer Liability For Medical Marijuana Bias Is Growing.” Law360. (March 22, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.
Dental Clinic Owners Found Guilty of $1 Million Medicaid, Tax Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On February 21, 2019, a federal jury found the owners of several dental clinics in Missouri guilty of a $1 million scheme to defraud the government. The owners of All About Smiles LLC, were convicted of submitting false claims to Medicaid for dentures and other services and payroll tax fraud, according to prosecutors.
Submitting False Claims.
Prosecutors alleged that the couple that owned the practice ran several schemes through the dental clinics from 2010 to 2015, including conspiring to defraud Medicaid. A main part of the scheme was to provide dentures and other services to adults who didn’t qualify for Medicaid. They would then bill the Medicaid program anyway, receiving more than $720,000, according to the DOJ.
The pair also allegedly ran a similar scheme with orthodontic equipment, racking up an estimated 241 false claims, said prosecutors. All About Smiles was paid approximately $165,700 during the the duration of the scheme.
Payroll Problems.
In addition to the fraud, the owners allegedly failed to forward payroll taxes to the Internal Revenue Service (IRS) even though the money was withheld from employee paychecks. Instead, the married pair used the almost $195,000 to cover lavish personal expenses and make payments on a variety of vehicles, said the DOJ.
Not Smiling Anymore.
Jurors found the couple guilty on all charges detailed in a 40-count indictment accusing them of fraudulently operating three All About Smiles LLC dental clinics, said the DOJ. Additionally, their legal woes continued to stack up as each was also convicted on a count of theft of public money for collecting unemployment benefits while working.
The female owner faces up to 10 years in prison on every count besides the payroll tax conspiracy charge, which comes with a maximum penalty of five years. The husband owner could get up to a decade for obtaining unemployment benefits and five years for each additional charge, prosecutors said.
Click here to read the DOJ’s press release.
To read one of my prior blogs on a similar case about a dentist defrauding medicaid, click here.
Don’t Wait Until It’s Too Late; Consult with a Health Law Attorney Experienced in Medicaid Billing Issues Now.
The attorneys of The Health Law Firm represent dentists, oral surgeons, and other health care providers in Medicaid audits, Medicare audits, insurance billing audits, ZPIC audits, RAC audits, administrative litigation and civil litigation throughout Florida and across the U.S. They also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in licensure complaints and investigations, DEA investigations, Medicare and Medicaid fraud investigations, audits, recovery actions and terminations from the Medicare or Medicaid Program.
For more information please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.
Sources:
“All About Smiles Owners Convicted of Fraud.” Ozark Independent. (February 21, 2019). Web.
Posses, Shayna. “Couple Found Guilty Of $1M Medicaid, Payroll Tax Scheme.” Law360. (February 21, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.
Florida Gov. Pulls Large Number of Appointments Made by Predecessor, One from Board of Acupuncture
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. One of these was to the Florida Board of Acupuncture. This is not the first time he has called back last-minute decisions made by his predecessor. In January 2019, he retracted 46 of Scott’s “lame duck appointments.”
The new governor has now pulled a total of 215 of Scott’s prior appointments to various boards and committees.
Here’s a List of the Appointments Made by Scott That Governor DeSantis Pulled for the Professional Boards Under the Department of Health (DOH):
Steve Moreau, Board of Acupuncture
Angela Sissine, Board of Dentistry
Steven Falcone, Board of Medicine
Andre Perez, Board of Medicine
Merle Preston Stringer, Board of Medicine
Heather Baumwald, Board of Nursing
Jennifer Raymond, Board of Nursing
Mary Julie Talmadge, Board of Nursing
Elna Rose Vizvary, Board of Occupational Therapy Practice
Katie Gilbert-Spear, Board of Optometry
John Edmund Griffin, Board of Optometry
David Rouse, Board of Optometry
Paul Weott, Board of Orthotists and Prosthetists
Mark Block, Board of Podiatric Medicine
Soorena Sadri, Board of Podiatric Medicine
In January 2019, Governor DeSantis retracted nearly 46 of Scott’s appointments. The Senate withdrew all of the names from their appointments.
The Retractions Made In January for DOH Boards Included:
Philip Diaz, Board of Chiropractic Medicine
Dr. Emique Ginzburg, Board of Medicine
Nicolas Romanello, Board of Medicine
Linville Atkins, Board of Optometry
The list of retracted appointments also included nominations to a host of major and minor positions, from college boards of trustees to trade boards and state commissions. To take a look at the full list of appointments, not just those listed on the DOH, click here.
Click here to read the press release that Governor DeSantis’s issued regarding the matter.
You can also view a copy of the letter he wrote to Senate President Galvano here.
A spokeswoman for Senate President Galvano said the Senate will fully comply with DeSantis’ request. “Senate President Bill Galvano will act in accordance with the Senate Rules and will direct the Secretary to return the documentation of the appointments and document the return in the Journal,” said Katie Betta.
To learn more about DOH matters and investigations, click here.
Contact Health Law Attorneys Experienced in Representing Massage Therapists.
The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com.
Sources:
Ogles, Jacob. “Governor sacks college board trustees across the state.” Florida Politics. (February 24, 2019). Web.
Ogles, Jacob. “Ron DeSantis pulls back nearly 170 Rick Scott appointments.” Florida Politics. (February 25, 2019). Web.
Schweers, Jeffrey. “Florida ethics commission reviewing rules after Ron DeSantis yanks Rick Scott appointments.” Tallahassee Democrat. (February 26, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.
KeyWords: Legal representation for Department of Health (DOH) investigations, legal representation for DOH complaints, DOH compliant representation, professional license defense attorney, professional license representation, healthcare license representation, healthcare license defense representation, Board defense representation, health care license defense lawyer, DOH defense attorney, DOH investigation defense lawyer, representation for DOH investigation, Florida health law attorney, health law defense attorney, legal representation for health care professionals, Legal representation for massage therapists, Board of Massage Therapy investigation defense attorney, Massage Therapist defense attorney, legal counsel for Board of Massage Therapy investigations and hearings, legal representation for disciplinary actions against your license, legal representation for license revocation, Board of Medicine defense lawyer, administrative complaint attorney, legal representation for administrative complaints, Board of Medicine representation, legal counsel for Board representation, The Health Law Firm, health law defense attorney, Florida health law attorney, reviews of The Health Law Firm, The Health Law Firm attorneys review
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.
DeSantis Rescinds Large Number of Appointments Made by Former Governor, One from Board of Dentistry
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. One of these was to the Florida Board of Dentistry. This is not the first time he has called back last-minute decisions made by his predecessor. In January 2019, he retracted 46 of Scott’s “lame duck appointments.”
The new governor has now pulled a total of 215 of Scott’s prior appointments to various boards and committees.
Here’s a List of the Appointments Made by Scott That Governor DeSantis Pulled for the Professional Boards Under the Department of Health (DOH):
Angela Sissine, Board of Dentistry
Steve Moreau, Board of Acupuncture
Steven Falcone, Board of Medicine
Andre Perez, Board of Medicine
Merle Preston Stringer, Board of Medicine
Heather Baumwald, Board of Nursing
Jennifer Raymond, Board of Nursing
Mary Julie Talmadge, Board of Nursing
Elna Rose Vizvary, Board of Occupational Therapy Practice
Katie Gilbert-Spear, Board of Optometry
John Edmund Griffin, Board of Optometry
David Rouse, Board of Optometry
Paul Weott, Board of Orthotists and Prosthetists
Mark Block, Board of Podiatric Medicine
Soorena Sadri, Board of Podiatric Medicine
In January 2019, Governor DeSantis retracted nearly 46 of Scott’s appointments. The Senate withdrew all of the names from their appointments.
The Retractions Made In January for DOH Boards Included:
Philip Diaz, Board of Chiropractic Medicine
Dr. Emique Ginzburg, Board of Medicine
Nicolas Romanello, Board of Medicine
Linville Atkins, Board of Optometry
The list of retracted appointments also included nominations to a host of major and minor positions, from college boards of trustees to trade boards and state commissions. To take a look at the full list of appointments, not just those listed on the DOH, click here.
Click here to read the press release that Governor DeSantis’s issued regarding the matter.
You can also view a copy of the letter he wrote to Senate President Galvano here.
A spokeswoman for Senate President Galvano said the Senate will fully comply with DeSantis’ request. “Senate President Bill Galvano will act in accordance with the Senate Rules and will direct the Secretary to return the documentation of the appointments and document the return in the Journal,” said Katie Betta.
To learn more about DOH matters and investigations, click here.
Contact Health Law Attorneys Experienced in Representing Dentists.
The attorneys of The Health Law Firm provide legal representation to dentists in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Board of Dentistry and other types of investigations of health professionals and providers.
Our firm also routinely represents physicians, dentists, orthodontists, medical groups, clinics, pharmacies, home health care agencies, nursing homes and other health care providers in Medicare and Medicaid investigations, audits and recovery actions.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com.
Sources:
Ogles, Jacob. “Governor sacks college board trustees across the state.” Florida Politics. (February 24, 2019). Web.
Ogles, Jacob. “Ron DeSantis pulls back nearly 170 Rick Scott appointments.” Florida Politics. (February 25, 2019). Web.
Schweers, Jeffrey. “Florida ethics commission reviewing rules after Ron DeSantis yanks Rick Scott appointments.” Tallahassee Democrat. (February 26, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.
KeyWords: Legal representation for Department of Health (DOH) investigations, legal representation for DOH complaints, DOH compliant representation, professional license defense attorney, professional license representation, healthcare license representation, healthcare license defense representation, Board defense representation, health care license defense lawyer, DOH defense attorney, DOH investigation defense lawyer, representation for DOH investigation, Florida health law attorney, health law defense attorney, legal representation for health care professionals, legal representation for disciplinary actions against your license, legal representation for license revocation, Board of Medicine defense lawyer, administrative complaint attorney, dentist defense counsel, legal representation for dentist, dental board defense attorney, dental license defense attorney, legal representation for dentist, Board of Dentistry representation, Board of Dentistry defense lawyer, representation for Board of Dentistry investigation, legal representation for administrative complaints, Board of Medicine representation, legal counsel for Board representation, The Health Law Firm, health law defense attorney, Florida health law attorney, reviews of The Health Law Firm, The Health Law Firm attorneys review
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.
DeSantis Yanks Large Number of Appointments Made by Former Governor, Several on Board of Nursing
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. Several of these were appointments that had been made to the Florida Board of Nursing. This is not the first time he has called back last-minute decisions made by his predecessor. In January 2019, he retracted 46 of Scott’s “lame duck appointments.”
The new governor has now pulled a total of 215 of Scott’s prior appointments to various boards and committees.
Here’s a List of the Appointments Made by Scott That Governor DeSantis Pulled for the Professional Boards Under the Department of Health (DOH):
Heather Baumwald, Board of Nursing
Jennifer Raymond, Board of Nursing
Mary Julie Talmadge, Board of Nursing
Steve Moreau, Board of Acupuncture
Angela Sissine, Board of Dentistry
Steven Falcone, Board of Medicine
Andre Perez, Board of Medicine
Merle Preston Stringer, Board of Medicine
Elna Rose Vizvary, Board of Occupational Therapy Practice
Katie Gilbert-Spear, Board of Optometry
John Edmund Griffin, Board of Optometry
David Rouse, Board of Optometry
Paul Weott, Board of Orthotists and Prosthetists
Mark Block, Board of Podiatric Medicine
Soorena Sadri, Board of Podiatric Medicine
In January 2019, Governor DeSantis retracted nearly 46 of Scott’s appointments. The Senate withdrew all of the names from their appointments.
The Retractions Made In January for DOH Boards Included:
Philip Diaz, Board of Chiropractic Medicine
Dr. Emique Ginzburg, Board of Medicine
Nicolas Romanello, Board of Medicine
Linville Atkins, Board of Optometry
The list of retracted appointments also included nominations to a host of major and minor positions, from college boards of trustees to trade boards and state commissions. To take a look at the full list of appointments, not just those listed on the DOH, click here.
Click here to read the press release that Governor DeSantis’s issued regarding the matter.
You can also view a copy of the letter he wrote to Senate President Galvano here.
A spokeswoman for Senate President Galvano said the Senate will fully comply with DeSantis’ request. “Senate President Bill Galvano will act in accordance with the Senate Rules and will direct the Secretary to return the documentation of the appointments and document the return in the Journal,” said Katie Betta.
To learn more about DOH matters and investigations, click here.
Contact Health Law Attorneys Experienced with Nursing Issues Today.
The attorneys of The Health Law Firm provide legal representation to nurses, nurse practitioners, and CRNAs in investigations, contract negotiations, licensing issues and at Board of Nursing hearings. They also advise nurses wrongfully accused of diverting drugs and those wrongfully terminated from employment. Its attorneys represent nurses in DOHinvestigations, Board of Nursing cases and administrative hearings.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
Ogles, Jacob. “Governor sacks college board trustees across the state.” Florida Politics. (February 24, 2019). Web.
Ogles, Jacob. “Ron DeSantis pulls back nearly 170 Rick Scott appointments.” Florida Politics. (February 25, 2019). Web.
Schweers, Jeffrey. “Florida ethics commission reviewing rules after Ron DeSantis yanks Rick Scott appointments.” Tallahassee Democrat. (February 26, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.
KeyWords: Legal representation for Department of Health (DOH) investigations, legal representation for DOH complaints, DOH compliant representation, professional license defense attorney, professional license representation, healthcare license representation, healthcare license defense representation, Board defense representation, legal defense for nurses, legal representation for nurses, nurse defense attorney, board of nursing attorney, board of nursing defense representation, health care license defense lawyer, DOH defense attorney, DOH investigation defense lawyer, representation for DOH investigation, Florida health law attorney, health law defense attorney, legal representation for health care professionals, legal representation for disciplinary actions against your license, legal representation for license revocation, Board of Medicine defense lawyer, administrative complaint attorney, legal representation for administrative complaints, Board of Medicine representation, legal counsel for Board representation, The Health Law Firm, health law defense attorney, Florida health law attorney, reviews of The Health Law Firm, The Health Law Firm attorneys review
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.
Florida Governor Officially Legalizes Smoking Medical Marijuana
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On March 18, 2019, Gov. Ron DeSantis officially signed a bill into law allowing the use of smokable medical marijuana by eligible patients. The governor’s signature on legislative bill SB 182, “Medical Use of Marijuana,” was the first he has approved since taking office in January 2019 and was a top priority for the newly elected governor. Additionally, he filed a joint motion to dismiss People United for Medical Marijuana v. Department of Health, a case in which the Florida Department of Health (DOH) was arguing that smoking medical marijuana was not allowed. The action ends the litigation in which a state court judge had already ruled that a prior state law ban on smoking medical marijuana was unconstitutional under the Florida Constitution.
SB 182 “Medical Use of Marijuana.”
The new law takes effect immediately; however, it could take time for the Department of Health (DOH) to approve new rules to guide doctors. This means that patients might have to wait a little longer for smokable forms of marijuana to become available. “I thank my colleagues in the Legislature for working with me to ensure the will of the voters is upheld,” DeSantis said in a released statement. “Now that we have honored our duty to find a legislative solution, I have honored my commitment and filed a joint motion to dismiss the state’s appeal.’’ Click here to read the press release issued by Gov. DeSantis.
To see a copy of SB 182 “Medical Use of Marijuana”signed by Governor DeSantis, click here.
Click here to read my prior blog on DeSantis’ prior deadline on the smoking ban.
Let’s Get Real
Let’s get real for a minute. Having smokable medical marijuana made legal (as the Florida Constitution Amendment of 2016 already did), does a lot more to help patients who need it than may initially be realized. All state agencies and law makers have done since the passage of the constitutional amendment was to attempt to over-regulate and restrict the availability of medical marijuana to the public. Now citizens don’t have to wait for more regulations to be adopted, for purification standards and manufacturing plants to be set up, for dispensaries to be opened up amid local city zoning challenges; they can just stop next to the road in the right location, pick some plants, and smoke them. Cheap, easy, widely accessible. It could bode the end of the world.
Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.
The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.
To contact the Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
Anderson, Curt. “Florida governor signs smokable medical pot bill into law.” Associated Press. (March 18, 2019). Web.
Rohrer, Gray. “Florida Gov. Ron DeSantis signs smokable medical marijuana bill into law.” Orlando Sentinel. (March 18, 2019). Web.
KeyWords: Florida medical marijuana legislation, medical marijuana representation, marijuana attorney, medical marijuana lawyer, marijuana defense attorney, legal representation for medical marijuana issues, Florida marijuana law attorney, marijuana law defense lawyer, representation for marijuana growers, representation for marijuana distributors, defense attorney for marijuana growers, defense attorney for marijuana distributors, defense lawyer for medical marijuana, decriminalization of marijuana in Florida, health law defense attorney, Florida medical cannabis representation, medical cannabis lawyer, cannabis defense lawyer, medical marijuana defense attorney, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, legal representation for marijuana criminalization, legal representation for marijuana regulations, The Health Law Firm reviews, reviews of The Health Law Firm attorneys
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.
Florida Governor’s Prescription Foreign Drug Importation Plan Gains House Support
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On March 12, 2019, the Florida House of Representatives’ Health Quality Subcommittee voted 15 to 2 to approve House Bill 19 (HB 19) that would implement one of Florida Gov. Ron DeSantis’ recently announced health care proposals. In February 2019, the new Florida governor, who was criticized for not having a health care platform while he campaigned, announced the proposal that Florida start importing drugs from Canada.
HB 19 -Prescription Drug Importation Programs.
HB 19 was created for the purpose of safely importing cost-effective prescription drugs from Canada and other foreign nations under specified conditions. The proposed program would go into effect on July 1, 2019.
HB 19 provides eligibility criteria for prescription drugs and program participants; provides distribution requirements; provides annual reporting requirements; provides application and permitting requirements for certain participating entities; and provides that implementation of International Prescription Drug Importation Program is contingent on federal arrangement or obtaining federal guidance. Click here for more information on HB 19.
Two Programs, One Goal – Lowering Prescription Drug Prices.
The program will offer access to FDA-approved prescription drugs imported from Canada, allowing the drugs to be sold to Floridians at a much lower cost than they could otherwise purchase them here. “One of the biggest drivers of this country’s out of control healthcare spending is the cost of prescription drugs,” said Governor DeSantis.
According to the bill, the U.S. spends 30 to 190% more than other developed countries on prescription drugs, and up to 174% more for the exact same for prescription drugs. The proposed bill aims to lower these unnecessary high costs by establishing two different drug importation programs.
The first program would allow the state to import prescription drugs from Canada for use by the Florida Medicaid Program and prison health care system. It would be known as the Canadian Drug Importation Program. It would be run by the Florida Agency for Health Care Administration (AHCA).
The second program would be known as the International Drug Importation Program. It would be run by the Florida Department of Business and Professional Regulation and would be available to individual residents.
Despite gaining house support, both programs would still need approval from the federal government before they could be implemented in Florida.
To learn more about Gov. DeSantis’ proposal, click here to read his press release.
Contact Health Law Attorneys Experienced in Representing Pharmacies and Pharmacists.
The Health Law Firm represents pharmacists and pharmacies in DEA, DOH and FDA investigations, qui tam and whistleblower cases, regulatory matters, licensing issues, litigation, administrative hearings, inspections and audits. The firm’s attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.
To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Sources:
Sexton, Christine. “DeSantis prescription drug savings plan gets early House support.” Orlando Sentinel. (March 12, 2019). Web.
News Service of Florida. “DeSantis Drug Importation Plan Wins House Support.” Sunshine State News. (March 13, 2019). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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