Nursing Law Blog | The Health Law Firm Blog

Medications and Other Substances that Mimic Prohibited Drugs on Urinalysis Drug Tests (Part 1 of a Blog Series)

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

In representing nurses and other licensed health professionals, we constantly discuss positive drug screenings, usually from employer-ordered drug testing, with our clients. These clients include nurses, pharmacists, dental professionals, mental health counselors, therapists, etc. Often these individuals need to remember that if they apply for a job with a new employer or are working for a large corporation or the government, they are subject to employer-ordered drug screenings. Most problems arise when the professional has applied to a hospital or a placement agency for work in a hospital and they must submit to a pre-employment drug test.

The client often contends that the result is a false positive and that some other substance must be responsible for it.

A positive result for any drug for which you do […]

CMS Using Medicare Termination to Squash Doctors Involved in Overprescribing Opioids

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

Recently it has come to our attention that there may be a nationwide effort by the Centers for Medicare and Medicaid Services (CMS) Medicare Administrative Contractors (MACs) to squelch physicians who prescribe opioids and other narcotic medications. We have seen letters sent out by CMS MACs to physicians notifying them that their Medicare program billing privileges have been terminated because CMS has identified them as a provider who is overprescribing.

Nationwide Effort to Run “Pill Mills” Out of Business.

We are well aware of efforts by the various law enforcement authorities at the state and federal level to prosecute and put out of business physicians identified as “pill mills” and the pharmacies that fill their prescriptions. These include surprise audits and inspections, followed by administrative actions or criminal prosecutions, […]

By The Health Law Firm|2024-03-14T09:59:31-04:00May 8, 2023|Categories: Nursing Law Blog|Comments Off

Nursing Students Sue Florida College For Deceptive NCLEX Scheme

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

On December 2, 2022, four nursing students from HCI College (formerly Health Career Institute) in Florida filed a federal class action lawsuit against the school. The students claim the school conducted a “malicious scheme” to block 95% of students from graduating and taking the National Council Licensure Examination (NCLEX). The lawsuit also accuses the nursing school of misrepresenting its accreditation status and NCLEX passage rates.

Critical Details Of The Lawsuit.

The class action, brought by four named plaintiffs, was filed in Federal Court in West Palm Beach. The plaintiffs are demanding to have their loans canceled and payments refunded and are seeking an injunction to allow all students to take the NCLEX exam.

The suit claims that HCI College misrepresented its accreditation status and lied about its NCLEX pass […]

From the archives: NY Court Says Doctor Can Subpoena Yelp for User Info in Defamation Suit

Previously published on January 19, 2022
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by the federal judge.

A Litigious History of Lawsuits.

The embattled physician has reportedly filed other lawsuits against reviewers for defamation. The doctor himself says he’s won […]

By The Health Law Firm|2024-03-14T09:59:32-04:00April 15, 2023|Categories: Nursing Law Blog|Tags: business litigation lawyer, complex health care litigation attorney, health care professionals legal representation, health law defense attorney, healthcare litigation defense attorney, legal counsel for health care professionals, legal representation for clients involved in the health care industry, legal representation for defamation lawsuit against a healthcare professional, legal representation for defamatory statements against health care professionals, legal representation for physicians, physician lawyer, Representation of healthcare professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews|1 Comment

Finding a Lawyer Who Takes CPH & Associates Insurance

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

Our firm often gets calls from nurses and other health professionals who retain us to represent them in complaints against their licenses or in professional licensing complaints and investigations. This includes investigation letters from the Florida Department of Health (DOH), D.C. Health or Louisiana State Board. It also includes notices of hearing, administrative complaints, proposed Consent Orders, emergency restriction orders (EROs), and emergency suspension orders (ESOs). In many cases they had good insurance coverage with CPH & Associates (CPH&A) Insurance, but could not find an attorneys that accepted it or forgot that they had coverage.

Often adverse disciplinary action has already been taken against these nurses. They retain us to appeal or attempt to reverse an adverse disciplinary action against their license, including license revocations.

However, finding legal […]

By The Health Law Firm|2024-03-14T09:59:32-04:00April 13, 2023|Categories: Nursing Law Blog|Tags: administrative complaint defense attorney, administrative hearing defense lawyer, appeal of board of nursing final order, appeals of adverse license action, Board of Nursing formal hearing attorney, Board of Nursing informal hearing attorney, Certified Registered Nurse Anesthetist (CRNA) attorney defense representation, complaint investigation defense attorney for health care professionals, CPH & Associates (CPH&A) defense lawyer, CPH & Associates (CPH&A) deposition defense coverage, CPH & Associates insurance defense attorney, Department of Health (DOH) investigation of nurses, Department of Health (DOH) investigations and complaints, DOH complaint defense attorney, DOH investigation defense attorney, Florida CPH & Associates (CPH&A) defense attorney lawyer, Florida health law defense attorney, health law defense attorney, Health Law Firm reviews, legal representation for administrative hearings, legal representation for adverse disciplinary action, legal representation for doctors, legal representation for DOH investigations, legal representation for formal licensure complaints, Legal representation for licensed health professionals, legal representation for physicians, legal representation of Advanced Registered Nurse Practitioners (ARNPs), licensed professional counselor (LPC) legal defense representation, licensure defense attorney, nurse administrative complaint defense, nurse emergency suspension order appeals representation, nurse legal representation, nurse license application, representation for deposition of nurses, representation for professional liability insurance cases, reviews of The Health Law Firm, reviews of The Health Law Firm attorneys, The Health Law Firm reviews|Comments Off

Texas Hospital’s Vaccination Mandate For COVID-19 Upheld by Federal Court

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

As some states lift COVID-19 restrictions, the business community is still grappling with the dynamic between the COVID-19 vaccine and workplace operations. To address this, some U.S. employers have elected to adopt mandatory vaccination policies. These policies, in essence, require that, subject to a few exceptions, all employees must receive the COVID-19 vaccine as a condition of continued employment.

Not surprisingly, we see various legal challenges to mandatory COVID-19 vaccination policies across the country. On June 12, 2021, a federal court in Texas became the first to rule on the permissibility of such policies enforced by private employers. In a landmark ruling, the court stated that mandatory workplace vaccination policies are lawful under Texas and federal law and may be enforced as a condition […]

Phony Florida Nursing Diploma Scam: Federal Criminal Indictments in “Operation Nightingale”

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

In January 2023, the U.S. Department of Justice (DOJ) announced the prosecution of a massive fake nursing diploma scheme against three Florida-based nursing schools. The investigation has now expanded to include at least eight (8) nursing schools.

The investigation has now resulted in charges against 25 people in five states and found evidence that they allegedly worked to “sell” more than 7,600 fake diplomas, along with school transcripts, between 2016 and 2021. Click here to learn more.

The Federal Indictment.

We have obtained a copy of the federal indictment filed against the individual owners, operators, and staff members whom the FBI alleges were committing crimes, including selling diplomas and transcripts. View the federal indictment filed in the investigation […]

Centene Reaches $166 Million Settlement With Texas Over Its Medicaid Drug Pricing

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

The nation’s largest Medicaid insurer, Centene, has agreed to pay $165.6 million to Texas to resolve claims that it overcharged the state’s Medicaid program for pharmacy services. The deal was signed on July 11, 2022, but wasn’t publicly announced until September 19, 2022. The agreement makes Texas the 12th state to settle pharmacy billing claims with St. Louis-based Centene. It’s also the health insurance giant’s biggest payout over its drug pricing practices.

The Allegations Across Many States.

The allegations focused on Centene’s pharmacy benefit manager business, claiming it overbilled the state’s Medicaid programs for prescription drugs and pharmacy services. Such benefit managers act as middlemen between drugmakers and health insurers and as intermediaries between health plans and pharmacies. Multiple states have pursued allegations against Centene’s pharmacy manager business, […]

Study Blames Coding Structures For Increased Medical Billing Costs in the United States

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

A study publicized in August 2022 revealed that the complex coding structures used in the United States drive up medical billing costs. This helps to make the U.S. one of the most expensive countries for health providers to get paid. According to the study, researchers used a micro-level accounting of billing and insurance-related (often abbreviated “BIR”) expenses in different national settings at six provider locations in five nations: Australia, Canada, Germany, the Netherlands, and Singapore. This most recent study supplements a prior study measuring such costs in the U.S.

The findings, published in Health Affairs Journal, revealed “BIR (billing and insurance-related) costs in the U.S. are generally much higher than the costs in other countries.” This means that all the extra costs […]

Former University of Florida Professor and Researcher Charged With Fraud and Hiding China Ties

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

On February 3, 2021, a former University of Florida professor was indicted on allegations of fraudulently obtaining a federal grant from the U.S. by concealing his ties with the Chinese government. He is accused of fraudulently obtaining $1.75 million in federal grant money from the National Institutes of Health (NIH). He was able to do this by concealing support he received from the Chinese government and a company that he founded in China to profit from that research, according to the U.S. Department of Justice (DOJ).

The former professor is charged with six counts of wire fraud and four counts of making false statements to […]

By The Health Law Firm|2024-03-14T09:59:38-04:00June 8, 2021|Categories: Nursing Law Blog|Tags: clinical investigation misconduct defense lawyer, clinical research fraud allegation defense attorney, clinical research misconduct defense counsel, clinical trials defense lawyer, falsifying research defense attorney, Food and Drug Administration (FDA) defense lawyer, investigation review board (IRB) defense attorney, legal representation in Food and Drug Administration (FDA) hearing, legal representation in investigation by IRB, legal representation in investigation of scientific misconduct, legal representation in National Institutes of Health (NIH) investigation, legal representation in Office of Research Integrity (ORI) investigation, medical and clinical researcher investigation, medical investigation misconduct defense counsel, medical research fraud defense lawyer, medical research grant misconduct investigation defense attorney, misconduct in science defense lawyer, National Institutes of Health (NIH) defense attorney, NIH hearing defense attorney, Office of Research Integrity (ORI) defense attorney, ORI hearing attorney, representation for clinical research fraud, representation for DEA investigations, representation for DOJ investigations, representation for FDA investigations, research fraud defense lawyer, research grant fraud defense attorney, reviews of The Health Law Firm, Scientific misconduct fraud defense attorney, the health law firm, The Health Law Firm attorney reviews, university charges of grant fraud defense attorney, university clinical investigation review board (IRB) defense attorney, university clinical review board hearing lawyer, university IRB hearing attorney, university misconduct in science investigation hearing attorney|Comments Off