Dentistry Law | The Health Law Firm Blog

Federal Judge Dismisses Florida Dentist’s COVID-19 Business Interruption Insurance Claim
Gallery
Federal Judge Dismisses Florida Dentist’s COVID-19 Business Interruption Insurance Claim

Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Health Law, In the News, Insurance

Federal Judge Dismisses Florida Dentist’s COVID-19 Business Interruption Insurance Claim

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

On September 3, 2020, a Florida federal judge dismissed a suit for business interruption insurance payments by a Florida dentist. The dentist claimed he sustained damages caused by the COVID-19 pandemic and related civil authority shutdowns of dental services. The dismissal freed Allied Insurance Company of America from having to pay the dentist’s for COVID-19 related losses, holding that the policy’s “virus exclusion” barred coverage of the insurance claim made.

Insurance Coverage for COVID-19 Related Losses.

The dentist sued his insurance carrier for damages that he argued were “caused by or […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 28, 2020|Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Health Law, In the News, Insurance|

Dentists Smiling as $80 Million Settlement Reached in Dental Supply Price-Fixing Class Action Suit

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

On August 30, 2018, after two years of litigation, a group of dentists tentatively reached an $80 million settlement in a proposed class action accusing the country’s biggest dental supply companies of colluding to fix prices. The three dominant distributors, Henry Schein Inc., Patterson Cos. Inc. and Benco Dental Supply Co. Inc., allegedly artificially inflated prices on crowns, numbing agents, X-ray accessories and other products.

Artificially Inflating Prices.

In 2016, the three distributors were accused of artificially inflating prices on various dental supplies and equipment. Products at issue included supplies such as adhesives, implants, tooth brushes, pins and […]

By The Health Law Firm|2024-03-14T10:00:22-04:00October 1, 2018|Board of Dentistry, Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Dentists|

NYC Doctor Gets Prison Term for Posing as Clinic Owner in $30 Million Fraud Scheme

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

On August 22, 2018, a doctor received a sentence of one year and a day in prison from a New York federal court for his part in a $30 million scheme to defraud Medicare and the state Medicaid program. The doctor admitted to posing as the owner of a medical clinic and falsely claiming to have seen hundreds of patients. He pled guilty on January 11, 2018, to health care fraud and conspiracy to commit health care fraud, mail fraud and wire fraud, the U.S. Attorney’s Office said.

Lies and Cover-ups.

The New York City doctor accepted responsibility […]

By The Health Law Firm|2024-03-14T10:00:22-04:00September 7, 2018|Board of Dentistry, Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Dentists|

Board of Dentistry Considers Adding Failure to Provide Dental Records to “Citation” Offenses

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

At the Florida Board of Dentistry meeting held on November 21, 2014, it discussed a proposed change to Rule 64B5-13.0046, Florida Administrative Code. The amendment would add a provision for failing to timely produce dental records to patients. This addition should help dentists avoid receiving permanent discipline on their records for a minor technical violation.

Considered was the addition of the following language to the existing Rule, listing citation-approved offenses:

Violation of subsection 466.028(1)(n), F.S., failure to timely make available to a patient or client, or to his legal representative or to the Department, […]

By The Health Law Firm|2024-03-14T10:01:10-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|

Administrative Final Orders Must State Findings of Fact Based on the Evidence Presented

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

Following is a summary of a recent appellate case on an issue relevant to health law:

Borges v. Dep’t of Health, 143 So. 3d 1185 (Fla. 3d DCA 2014).
Gustavo Borges (Borges) appealed a final order of the Florida Board of Dentistry that revoked his license to practice dentistry based on a conviction of the knowing receipt of child pornography under a federal statute.

At hearing, eight lay witnesses and four expert witnesses testified. In the recommended order’s discussion of the evidence presented, […]

By The Health Law Firm|2024-03-14T10:01:44-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law|

Florida Board of Dentistry Proposes Change to Minimum Record Keeping Requirements for Dentists

By Christopher E. Brown, J.D., The Health Law Firm

On August 22, 2014, the Florida Board of Dentistry will meet to discuss implementing new requirements for record keeping. We believe that these changes are due to the Board’s concern over potential ambiguity with the current regulations, and due to the recent difficulty it had in disciplining Florida dentists for record keeping violations.

Read on for an outline of the proposed new requirements. Be sure to check this blog regularly. We will have a firm representative at this meeting and will post any updates.

Current Florida Rule.

Rule 64B5-17.002, Florida Administrative Code, provides the minimum record keeping requirements placed on Florida’s dentists. Currently, the rule requires […]

By The Health Law Firm|2024-03-14T10:01:44-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law, Dentists|

Florida Medicaid Audits Dental Claims

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law

The Agency for Health Care Administration (AHCA) is auditing Medicaid claims submitted by dental providers in Florida. AHCA is auditing dental practices looking for claims that were not billed in compliance with the Florida Medicaid Dental Services Coverage and Limitations Handbook. AHCA’s audits are focused on claims that are billed too frequently, claims that are billed on the same date of service as a redundant code, and claims that have been unbundled when they should have been billed as part of a comprehensive code.

Specific Dental Codes Being Audited.

Dental providers that are the subject of these audits may […]

By The Health Law Firm|2024-03-14T10:01:44-04:00May 15, 2018|Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|

Connecticut Dentist Gets Drilled in Huge Medicaid Fraud Case

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

A dentist and owner of a number of clinics in Connecticut is feeling the pain of justice. According to a number of news sources, Gary Anusavice will spend the next eight (8) years in prison for targeting poor patients, performing unnecessary dental procedures and collecting $21 million in fraudulent Medicaid claims. He was sentenced on October 9, 2013.

To read an article on the dentist’s sentencing from The Hartford Courant, click here.

Dentist Must Forfeit Luxury Items.

On top of prison time, the dentist will have to pay $3.3 million in restitution and […]

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Dental Law, Dentist Defense attorney, Dentistry Law, Licensure matters|

Avoid Costly HIPAA Violations with a HIPAA Risk Assessment

By Danielle M. Murray, J.D.

As a health care provider or owner of a health facility, you know about the Health Insurance Portability and Accountability Act (HIPAA) of 1996. You know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. Did you know that you may need a HIPAA Risk Assessment?

All Health Care Providers Face the Risk of Being Audited.

The Office for Civil Rights (OCR) is stepping up enforcement around the country of “covered entities” and business associates. OCR auditors will send a letter informing you that within 30 days, they will be in your office reviewing your […]

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Dental Law, Dentist Defense attorney, Dentistry Law, Licensure matters|

Overcoming License Suspension and Revocation Pending Appeal

By: Lance O. Leider, J.D.

If you are a dentist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. Ordinarily, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals with Florida law, similar relief may be available in other states, too.

One of the hardest things about having a license suspended or revoked is that it immediately cuts off the licensee’s sole source of income. If you have a thriving practice, this will usually destroy any value your business has. Without income, paying your bills will be a challenge, much less the cost to fight […]

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Dentist Defense attorney, Dentistry Law, Dentists, Licensure matters|