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Military Non-judicial Punishments or Article 15 Proceedings Are Not Criminal Convictions–Military Physicians, Dentists and Nurses Should Know This

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

Our firm represents many military and former military health professionals. We are often asked how a non-judicial punishment or Article 15 proceeding will be treated for license applications, clinical privileges applications, and background screenings.

Article 15 Non-judicial Punishment Is Not the Same as a Court-martial or a Criminal Proceeding.

Under Article 15 of the Uniform Code of Military Justice (UCMJ), which is also codified in 10 U.S.C. § 815, a commanding officer may issue an administrative punishment to enlisted or officer personnel under her command. These are not considered criminal convictions for any purpose, hence their other name, “non-judicial punishment.” These are usually for minor offenses and may be considered similar to civilian non-criminal traffic offenses.

An Article 15 non-judicial proceeding is less judicial in nature than a summary […]

Legal Tips If You Are Having Academic, Disciplinary or Legal Problems with Your Residency Program

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

Here are some tips to set the record straight on various inaccurate information I have heard from physicians in medical residency programs in representing them in appeals of disciplinary actions including suspension and terminations.

1. Nothing you tell your Program Director, advisor, mentors, attendings, senior resident, or co-resident is confidential. Go ahead and pour your heart out about all of your problems and concerns, but none of it is confidential, even if you said it was “in confidence.” What is confidential: what you tell your priest or religious adviser (preacher, rabbi, imam) and what you tell your own personal physician or psychotherapist (unless you have signed a waiver) that you have hired and you are paying. Anyone else, it is not confidential. So […]

By The Health Law Firm|2024-03-14T09:59:48-04:00February 25, 2021|Categories: Dental Law Blog|Tags: disruptive physician attorney, ECFMG defense attorney, Educational Commission for Foreign Medical Graduates (ECFMG) defense lawyer, Graduate medical education (GME) defense attorney, graduate medical education defense lawyer, health law attorney, impaired medical student legal counsel, impaired resident legal defense attorney, international medical graduate attorney, irregular behavior defense attorney, irregular behavior defense counsel, Irregular behavior defense lawyer, irregular conduct legal representation, lawyer for medical students, legal counsel for resident physician, legal dispute with medical school lawyer, legal representation for irregular behavior, legal representation for NBME investigations, legal representation for USMLE investigations, medical resident physician attorney, medical student legal counsel, National Board of Medical Examiners (NBME) defense counsel, Philadelphia attorney for ECFMG hearing, Philadelphia lawyer for NBME hearing, Philadelphia legal counsel for USMLE hearing, residency program legal dispute lawyer, residency program litigation attorney, resident physician defense attorney, resident physician legal representation, reviews of The Health Law Firm attorneys, The Health Law Firm reviews, United States Medical Licensing Examination (USMLE) defense lawyer, USMLE defense attorney|Comments Off

Senate Republicans Announce New Privacy Legislation: The SAFE DATA Act

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

On September 17, 2020, Republican members of the Senate Commerce Committee introduced sweeping federal privacy legislation. The proposed law is called the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The Act is a combination of bills previously introduced in the Senate: the Consumer Data Protection Act, Filter Bubble Transparency Act, and the Deceptive Experiences to Online Users Reduction Act. It hasn’t passed, yet, so let’s wait and see.

HAH! You thought you had learned all of the acronyms and abbreviations because you know what HIPAA, HITECH, FERPA, USCDPA, and FOIA mean. Let’s see how long it takes you to remember what this one stands for.

What is the SAFE DATA Act?

This proposed legislation has three main components if passed into […]

By The Health Law Firm|2024-03-14T09:59:50-04:00February 10, 2021|Categories: Dental Law Blog, In the Know, In the News|Tags: defense of HIPAA complaint investigations, Department of Health (DOH) investigation defense lawyer, Division of Regulatory Agencies (DORA) investigation defense attorney, Health Insurance Portability and Accountability Act defense lawyer, healthcare compliance lawyer, HIPAA audit defense, HIPAA compliance lawyer, HIPAA privacy regulation defense lawyer, HIPAA violation defense attorney, legal representation for breach of patient confidentiality, legal representation for medical practice audit, OCR HIPAA complaint defense lawyer, OCR HIPAA investigation defense attorney, representation for Agency for Health Care Administration (AHCA) investigations and hearings, representation for healthcare compliance investigations, representation for healthcare data breach, representation for HIPAA risk assessments, representation for HIPAA security investigations, representation for HIPAA violations, reviews of The Health Law Firm attorneys, the health law firm|Comments Off

10 Biggest Mistakes Dentists Make That Cause DOH Complaints

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

In representing dentists in complaints against their licenses, we see similar cases over and over again. The dentists could have avoided many Department of Health (DOH) complaints that may wind up before the Board of Dentistry.

These are the ten biggest mistakes we see dentists make, leading to DOH complaints being filed and investigations being opened against them.

1. Requiring patients to pay an outstanding dental bill before releasing a copy of their dental records. This is prohibited by law. However, the patient can be charged for the copy of the record, up to $1.00 per page for the first 25 pages, ($.25 per page after that), and actual costs of reproduction for other forms of dental records (X-rays, CD’s photographs).

2. Not having the […]

Federal Judge Dismisses Florida Dentist’s COVID-19 Business Interruption Insurance Claim
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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 result[ing] from a Covered Cause of Loss.” The causes of the alleged loss, he maintained, included the COVID-19 virus’s impact on his dental practice and the Florida governor’s emergency declaration […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 28, 2020|Categories: Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Health Law, In the News, Insurance|Tags: attorney for physician suits against insurers, business insurance representation, business interruption insurance claims defense, complex civil litigation attorney, complex health care litigation attorney, complex healthcare litigation lawyer, complex medical business litigation against health insurers, complex medical litigation lawyer, COVID-19 business insurance claim representation, doctor defense legal representation, healthcare employment law representation, legal representation for healthcare professionals, legal representation for physicians, legal representation for physicians and health care professionals, representation for complex medical litigation, representation for healthcare business litigation matters, reviews of The Health Law Firm attorneys, the health law firm, The Health Law Firm attorney reviews|Comments Off

Question: What Should You, as a Dentist, Do If You Or One of Your Employees Tests Positive For the COVID-19 Coronavirus?

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

You or a member of your staff has a confirmed case of COVID-19. What now? Your primary concern is for the individual affected. However, as a health professional operating a professional practice, you also have a duty to your employees and to your other patients. You have to be concerned about any patients with whom your infected staff might have had contact. These steps and protocols, all from prominent government agencies, are meant to help guide you if you or someone in your practice tests positive for COVID-19.

Follow these steps below to help ensure the health and safety of others and to reduce the likelihood of additional transmissions:

• The Centers for Disease Control and Prevention (CDC) recommends that employees […]

Insurer Braces for Possible Lawsuits Over Rejected Pandemic Business Interruption Claims

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

On April 14, 2020, several companies announced they are considering a class action lawsuit against Hiscox Insurance over its failure to pay business interruption claims relating to the coronavirus lockdown. Hiscox, sold policies before COVID-19 hit. The policies allegedly stated that they would cover claims related to businesses being forced to shut owing to a notifiable disease. Business owners have reportedly filed claims with Hiscox and other commercial insurance companies, only to be told that their policies don’t cover the losses related to the pandemic.

It’s All in the Details.

The company’s policy wording says business interruption claims can be made if a public authority makes the business premises unusable due to “an occurrence of any human infectious […]

By The Health Law Firm|2024-03-14T10:00:00-04:00May 6, 2020|Categories: Dental Law Blog|Tags: complex civil litigation attorney, complex health care litigation attorney, complex healthcare litigation lawyer, complex medical litigation lawyer, doctor defense legal representation, healthcare employment law representation, legal representation for healthcare professionals, legal representation for physicians, legal representation for physicians and health care professionals, representation for complex medical litigation, representation for healthcare business litigation matters, reviews of The Health Law Firm attorneys, the health law firm, The Health Law Firm attorney reviews|Comments Off

Are You A Doctor Facing Divorce? Cover Your Assets Now!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
If you are a doctor in Florida who is thinking about a divorce, has filed for a divorce, or has had a divorce thrust upon you by a spouse, there are several important issues to consider which are related to the medical profession. However, many of these same issues that I address in this article will also apply to the circumstances surrounding facing a large court judgment over the limits of your insurance policy or if you have no applicable insurance coverage. One of the first issues to consider is the valuation of your professional practice. There are also several other issues you must consider that are associated with being a high net worth individual.

You may be a physician who is the […]

By The Health Law Firm|2024-03-14T10:00:01-04:00April 14, 2020|Categories: Dental Law Blog|Tags: complex civil litigation attorney, complex health care litigation attorney, complex healthcare litigation lawyer, complex medical litigation lawyer, doctor defense legal representation, expert witness for medical practice dissolution, expert witness on attorneys fees, expert witness on medical contracts, expert witness on medical corporation matters, expert witness on medical corporation shareholder dispute, expert witness on medical shareholder agreements, health care corporate law attorney, healthcare employment law representation, healthcare facility legal representation, legal representation for healthcare professionals, legal representation for medical business assets, legal representation for physicians and health care professionals, legal representation for physicians and medical groups, medical corporation lawyer, medical license defense lawyer, medical practice break-up attorney, medical practice dissolution legal counsel, medical practice legal representation, medical practice shareholder dispute lawyer, physician employment law representation, representation for complex medical litigation, representation for healthcare business litigation matters, reviews of The Health Law Firm attorneys, the health law firm, The Health Law Firm attorney reviews|Comments Off

Healthcare Professionals Should Ensure Records Provided in Response to Government Subpoenas are Complete

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
At a recent Florida Board of Dentistry meeting, a dentist was charged with violations of her practice act and standard of care violations. This happened because her prior practice had provided incomplete patient records to an investigator when it received a subpoena. The records that had been provided were missing written notes and other documentation, along with copies of the prescriptions the dentist had written. This is just one example of what can happen if patient records are not provided in an orderly and complete manner to investigators.

Important Points for Board Hearings.

The dentist attended the Board meeting, having requested an informal administrative hearing. To obtain this type of hearing means that the dentist agrees that there are no disputed issues of fact; this […]

The Biggest Healthcare Fraud Case Ever Prosecuted in 2019: Big Surprise! Florida Wins!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making Florida, once again, the leader in fakes and frauds. Often joked and written about by Florida novelists such as Carl Hiassin and Tim Dorsey, this case serves to highlight why the “Debtor’s Haven” state often excels in cases of healthcare fraud.

In April 2019, after decades of alleged schemes, illegal kickbacks and money laundering in connection with fraudulent claims to Medicare and Medicaid, Phillip Esformes was sentenced to 20 years in prison. He was also ordered […]