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Welcome to The Health Law Blog2018-05-22T14:36:21+00:00

Two Nursing Home Co-Conspirators Sentenced in $19 Million Fraud Kickback Scheme

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 9, 2018, two co-conspirators in a $19.4 million healthcare fraud scheme involving a nursing home chain, American Senior Communities, were sentenced in Indiana federal court. Both pled guilty to various conspiracy and money laundering charges.

The Multi-Million Dollar Scheme.

Prosecutors allege that the men reached side deals with vendors who handled things like nurse call systems, food and medical supplies for the nursing home chain. According to the U.S. Department of Justice (DOJ), the kickback scheme generated nearly $19.4 million that the men spent on vacation homes, private planes, golf trips, Rolex watches, gold bullion and casino chips. Both were charged in 2016, along with two others for their roles in the same scheme. Read more about their involvement here.

The Sentencing.

The DOJ said Steven Ganote received a five-year sentence with two years of supervised release and was ordered to pay $7 million in restitution. Additionally, Joshua Burkhart was handed a four-month sentence with two years of supervised release and ordered to pay $420,000 in restitution. Each of the men is charged with one count of conspiracy to commit mail, wire and health care fraud, money laundering and conspiracy to violate the Anti-Kickback Statute (AKS).

To learn more about these types of illegal kickback schemes, click here to read one of my prior blogs on health care fraud.

Don’t Wait Until It’s Too Late; Consult with a Health Law Attorney Experienced in Medicare and Medicaid Issues, Fraudulent Billing and Overbilling Now.

The attorneys of The Health Law Firm represent healthcare providers in cases of medical billing fraud, overbilling, Medicare audits, ZPIC audits and RAC audits 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 Medicare and Medicaid investigations, audits, recovery actions and termination 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:

Fowler, Haylay. “Nursing Home Schemer Sentenced In $19M Kickback Scheme.” Law360. (July 9, 2018). Web.

Kass, Dani. “Ex-Nursing Home Execs Indicted In $16M Kickback Scheme.” Law360. (October 12, 2016). 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.

KeyWords: Medical billing fraud, fraudulent billing representation, fraudulent billing attorney, representation for overbilling, representation for submitting false claims, False Claims Act (FCA) violations, representation for submitting false claims, false claims lawyer, FCA defense attorney, Anti-Kickback Statute(AKS) violations, AKS representation, AKS attorney, representation for fraudulent reimbursement, representation for illegal kickback scheme illegal kickback scheme attorney, legal representation for health care professionals, health fraud defense lawyer, health law defense attorney, health law, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

Medical Marijuana Treatment Goes Up in Smoke Once Again as Florida Court Keeps Smoking Ban in Place

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In what seems to be a never-ending weed war in Florida, the hopes of sick patients being able to smoke medical marijuana went up in smoke once again. On July 3, 2018, the First District Court of Appeal snuffed out the idea of smokable marijuana as treatment. It reinstated an automatic stay on the lower court’s decision that an existing medical marijuana smoking ban is unconstitutional.

The Smoking Ban Stays.

The appeals court disagreed with Circuit Judge Karen Gievers’ previous decision to lift the stay and found that the plaintiffs failed to demonstrate that they will suffer irreparable harm if the automatic stay is reinstated. In May 2018, Judge Gievers ruled that Section 29 in the Florida Constitution allows qualifying patients to access, possess and use marijuana for medical treatment as recommended by their physician, with no restriction on the method of use except for a ban on smoking in public. Click here to learn more on her recent judgement.

The appeals court stated that after a preliminary review of the wording of the Medical Marijuana Amendment and the disputed law, it concluded that the plaintiffs had not sufficiently demonstrated a likelihood of success on the merits as required to justify vacating the automatic stay.

The case is People United for Medical Marijuana Inc. et al. v. Florida Department of Health et al., case number 2017-CA-001394, in the Circuit Court for the Second Judicial Circuit of Florida. To view the order in full and learn more, click here.

For more information on another one of Judge Gievers recent cases involving medical marijuana, click here to read one of my prior blogs.

Still hazy on the status of medical marijuana in Florida? Check our Marijuana Law Blog regularly for news updates!

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:

Hale, Nathan. “Medical Pot Smoking Ban Stays In Place As Fla. Fights On.” Law360. (July 6, 2018). Web.

“Up in smoke: Appeals court rejects bid to allow smokable medical marijuana in Florida.” News Service of Florida. (July 3, 2018). 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 © 2018 The Health Law Firm. All rights reserved.

FDA Releases Draft Guidance to Revamp Drug Indication and Usage Labels

Attorney George F. Indest III AttorneyBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 6, 2018, the U.S. Food and Drug Administration (FDA) released draft guidance outlining its recommendations for how drug companies should word the indications and usage sections on a drug’s label. The new guidance aims to increase readability and reduce redundant information on indications and usage.

Drug Indication Label.

Prescribers can expect to see revamped drug labels with clearer descriptions of the conditions and patient populations for which an FDA-approved drug is indicated. Also, described in the guidance are circumstances when it might be appropriate for an indication to be either broader or narrower than the parameters of the clinical studies that backed its approval.

In addition to suggesting what information labels should include, the draft guidance also indicates what should be omitted to avoid unnecessary clutter the label.

The FDA hopes this guidance will give health care providers more precise information on which conditions a drug is approved to treat and, therefore, help identify the correct treatment options for patients. To read the FDA’s draft guidance in full, click here.

Contact Health Law Attorneys Experienced in the Representation of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, pain management doctors, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations 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 www.TheHealthLawFirm.com.

Sources:

Gever, John. “Drug Labels to Get FDA Revamp.” MedPage Today. (July 6, 2018). Web.

Field, Emily. “FDA Releases Draft Guidance On Drug Indication Labeling.” Law360. (July 6, 2018). 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.

KeyWords: Food and Drug Administration (FDA) defense attorney, representation for FDA matters, legal representation for health care professionals, representation for prescribers, pharmacy representation, legal representation for pharmacies, pharmacy defense lawyer, pharmacist representation, legal representation for pharmacists, pharmacist defense attorney, health care compliance lawyer, health law defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

Nurse Website Files Copyright Suit, Claims Florida Blog Aggregator Stole Over 800 Articles

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On June 28, 2018, MidLevelU, an online hub for nurse practitioners and health care professionals, filed a copyright suit in the Southern District of Florida. MidLevelU accused a subscription-based blog aggregator, ACI Information Group, of stealing and re-posting more than 800 of its articles on their website without permission or license.

Copyright Violations.

MidLevelU, is an online forum to support nurse practitioners and features helpful, informational articles to supplement a career in health care. ACI is accused of unlawfully stealing at least 823 of those articles, copying them pretty much word-for-word and then charging subscribers to access them. According to the suit, MidLevelU has copyright registrations on several dozen of the articles that the Florida-based blog aggregator copied and published without permission. In addition, ACI is accused of stealing and republishing certain photos that MidLevelU paid a third party to use on the blog posts.

After posting almost identical summaries of MidLevelU’s articles, ACI would prompt users to view the article in its entirety and then charge them monthly or yearly subscriptions to access it, according to the suit. To learn more and read the complaint in full, click here.
To learn more about MidLevelU, click here and visit their website.

Contact Health Law Attorneys Experienced in the Representation of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, pain management doctors, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations 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 www.TheHealthLawFirm.com.

Sources:

Bolado, Carolina. “Nurse Practitioner Site Says Aggregator Swiped Its Articles.” Law360. (July 5, 2018). Web.

MidlevelU LLC v. ACI Information Group. Justia Docket and Filings. (July 5, 2018). 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.

KeyWords: Legal representation for health care professionals, health law defense lawyer, representation for nurse practitioners, nurse practitioner attorney, representation for nurses, nurse attorney, representation for nursing students, health care facility representation, health care professional representation, health care law attorney, 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 © 2018 The Health Law Firm. All rights reserved.

The Do’s and Don’ts When Applying for a Massage Therapist License

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The process of obtaining a massage therapist license can be challenging and time consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

The following are examples that would delay your application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional licensing board
• Misdemeanor or felony convictions
• Results of the criminal background check (remember, it shows arrests, not necessarily the results of the arrests)
• Civil judgments/malpractice
• Medical, physical, mental or chemical dependence impairment/condition within the last five years
• Adverse action against your clinical privileges by a hospital, ambultaory surcial center, Skilled nursing facility or otehr health facility or professional organization.
• Adverse action (e.g., termination for cause) by a former employer
• Action by a specialty board
• Lack of recent active practice
• Action by DEA against your DEA registration number
• Disciplinary action (especially court-martial) by the military
• Applications that require a petition of waiver or variance for a job

Not being 100% truthful about your history and education is the number one reason for denial of an application for a license! Don’t try to hide potentially derogatory information from a state licensing board, if it is required by the question or the instructions that further elaborate on the question. It is much better to come forward with the information and be up front.

This being said, you do not want to volunteer adverse information that a question does not ask. For example, if a question asks about felony convictions, DO NOT disclose misdemeanor convictions or traffic ticket convictions. If a question asks about convictions, DO NOT disclose arrests for which you were acquitted or were dismissed. If a question asks about medical malpractice law suits, DO NOT disclose civil law suits that were not related to malpractice.

Speeding up the Application Process.

There are ways to ease the process of applying for a massage therapist license and get your application processed quicker. Before submitting your application, contact the licensing board and request a copy of its current licensing requirements and the average time it takes to process applications.

The following are tips to help ease the process of applying for a massage therapist license:

1. Submit follow-up documents in a timely manner online or mail them to the correct address (as required). If you cannot obtain requested follow-up documentation, provide a separate, detailed explanation (preferably in the form of an affidavit), of why you cannot do so.

2. Keep in mind that any fees you pay have to be processed by the Department vendor. This may take a few days.

3. Identify any variation of names and nicknames.

4. Once you start the process, submit the application within 30 days so that your supplemental documents, including transcripts, will have an application file in which to be filed.

5. Have the correct address on the application for training programs you have attended and health facilities at which you have worked.

6. Send in necessary back-up documents in a timely manner.

7. Follow up with sources that are sending the Board of Massage Therapist your documents.

8. Watch for letters or e-mail from your reviewer. This is how you will be instructed on what additional documents or information may be needed for your application to be complete.

9. If asked for follow-up information from the Board, please read the request carefully to identify exactly what is needed to make your application complete.

10. Answer questions honestly and provide an explanation where appropriate. But do not provide information that is not being requested.

Massage Therapy professionals seeking a license should expect at least a 60-day period from the time they initially submit a completed application and the actual date licensure is granted.

For more information on the nursing licensing process, visit the Board of Massage Therapy.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a massage therapy license, have had a license suspended or revoked or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents physicians, dentists, nurses, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Obtaining a Medical License.” American Medical Association (AMA). Web.

Florida Board of Massage Therapy, “Licensing FAQs” http://floridasmassagetherapy.gov/licensing/

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.

KeyWords: Professional licensure defense attorney, legal representation for obtaining medical license, medical licensure attorney, Board of Massage Therapy representation, Board of Therapy attorney, representation for massage therapists, massage therapy attorney, Board of Medicine legal representation, Medical Board attorney, representation for Department of Health investigations, license revocation representation, license revocation attorney, license suspension legal representation, license suspension defense lawyer, representation for medical licensure appeal, representation for health care investigations, representation for licensure actions, credentials committee hearing legal representation, credentials committee hearing attorney, credentials committee hearing lawyer, health care professional representation, representation for applying for a medical license, medical license defense counsel, representation for medical licensure matters, legal representation for medical graduates, health care defense attorney, protecting your professional license, The Health Law Firm reviews, reviews of The Health Law Firm, license revocation attorney, license suspension legal representation, license suspension defense lawyer

“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 © 2018 The Health Law Firm. All rights reserved.

Texas Doctor Charged With Faking Diagnoses in $240 Million Health Care Fraud Scheme

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On May 14, 2018, a Texas doctor was arrested on charges he led a $240 million health care fraud and money laundering scheme. He allegedly falsely diagnosed at least 16 patients with degenerative diseases and gave them unneeded chemotherapy and other treatments.

Fake Diagnoses and Treatments.

The doctor allegedly bilked Medicare, Medicaid, TRICARE, Blue Cross Blue Shield and others through a scheme in which he would falsely diagnose patients with diseases like rheumatoid arthritis. According to the indictment, he would then give them treatments based on those false diagnoses, and conduct repetitive and excessive unnecessary medical procedures.

Additionally, the office staff alleges that they were instructed to increase the number of medical procedures performed on patients. If patients questioned him about the diagnoses and procedures, he subsequently dismissed them from his practices, according to the indictment.

In an attempt to hide the scheme from government investigators, he created fake patient records and hid other medical records.

Money Laundering.

The doctor and his alleged co-conspirators submitted about $240 million in false claims to the health care benefit programs and he allegedly used this money to fund a very lavish lifestyle. He allegedly laundered proceeds from the scheme through a money exchange house in Texas, to various accounts maintained by financial institutions in Mexico.

According to prosecutors, the indictment lists 16 patients who were allegedly victims of the scheme, which dates back to 2000. Federal Prosecutors say they will seek the harshest punishment possible in this case.

Click here to read the indictment.

To read about a similar case involving a doctor giving false diagnoses and treatments, click here.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in accusations of disruptive behavior, Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations 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 www.TheHealthLawFirm.com.

Sources:

Krochtengel, Jess. “Texas Doc Charged With Faking Diagnoses In $240M Scheme.” Law360. (May 14, 2018). Web.

“Valley Doctor Charged in Alleged $240M Health Care Fraud Case.” KRGB News. (May 14, 2018). 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.

KeyWords: Medicaid fraud attorney, Medicaid fraud representation, Medicare fraud attorney, Medicare fraud representation, submitting false claims to the government, False Claims Act defense counsel, FCA attorney, health care litigation lawyer, legal representation for health care fraud defense, health care litigation attorney, representation for unnecessary medical procedures, intentionally misdiagnosing patients, fraudulent billings defense attorney, defrauding health care benefit programs, Medicare audit defense attorney, Medicare billing attorney, physician billing attorney, TRICARE attorney, TRICARE fraud representation, health care fraud representation, Medicaid audit attorney, Medicaid audit representation, Medicare audit representation, fraudulent billing representation, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“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 © 2018 The Health Law Firm. All rights reserved.

Failed Medical Marijuana Applicant’s Appeal Goes Up in Smoke Thanks to Pennsylvania Court

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 20, 2018, a Pennsylvania court agreed that a company that lost out on a potentially profitable cannabis dispensary permit needed to exhaust administrative remedies before it could file suit. The suit would challenge the constitutionality of the application process for the state’s new medical marijuana program.

A court panel rejected arguments from Keystone ReLeaf LLC (Keystone), which has asked that all medical marijuana permits issued by the state’s Department of Health (DOH) be revoked. Keystone claims that the administrative appeals process did not offer an adequate remedy for the denial of its application.

Keystone’s lawsuit accused the DOH, along with its new Office of Medical Marijuana, of engaging in an inequitable and unconstitutional permitting process. Additionally, Keystone claims the DOH failed to explain how it scored the applications.

The company was one of 450 to submit applications to the DOH as the Pennsylvania Medical Marijuana Act took effect under a set of temporary regulations in 2017. There were 12 growing and processing permits and 27 dispensary permits issued through the initial application process.

In response, the DOH filed preliminary objections to the lawsuit seeking dismissal based on Keystone’s failure to complete the appeals process.

The court stated that challenges to the constitutionality of permitting programs typically did not require the exhaustion of administrative remedies. However, Keystone’s lawsuit dealt with how the department was applying the act and regulations governing its implementation. Additionally, where Keystone claimed it did not have an adequate administrative remedy available, the court determined the process needed to be completed before any court could make such a judgment.

To read the court’s opinion on this case, click here.

To stay on top of medical marijuana policy, click here to read one of my prior blogs and check our Marijuana Law Blog regularly.

Contact Experienced Health Law Attorneys for 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:

Fair, Matt. “Pa. Court Won’t Derail State’s Medical Marijuana Program.” Law360. (April 20, 2018). Web.

Miller, Matt. “Jilted medical marijuana permit applicant’s ‘premature’ appeal to Pa. court goes up in smoke.” PennLive. (April 21, 2018). 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 © 2018 The Health Law Firm. All rights reserved.

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