Department of Health

Senators Want National Investigation of State Medical Boards

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

A bipartisan effort has been initiated by three U.S. Senators to launch a national evaluation of state medical boards. Senators Charles Grassley (R-Iowa), Orrin Hatch (R-Utah) and Max Baucus (D-Mont.) sent a letter to the director of the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) requesting an investigation into state medical boards at the end of February 2012.

In the letter the senators ask the OIG to launch a national investigation of state medical boards in which the OIG would:

Identify challenges and process improvements for state medical boards, including those that occur across state boundaries;
Identify legislative changes that […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Department of Health, Health Care Industry, In the News, The Health Law Firm Blog|

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

On October 26, 2012, the Florida Department of Health (DOH) issued an emergency suspension order (ESO) against a Boca Raton compounding pharmacy, according to a number of sources. The DOH in a press release called the conditions in the pharmacy so “deplorable” that nothing short of immediately shutting down the pharmacy would suffice.

Click here to read the press release from the DOH.

Rodent Feces, Dead Bugs and a Sink Full of Dirty Water all Found at Compounding Pharmacy.

On October 12, 2012, a state inspector arrived at […]

By The Health Law Firm|2024-03-14T10:00:39-04:00June 1, 2018|Department of Health, In the Know, Pharmaceutical Drugs, Pharmacy, The Health Law Firm Blog|

Removal of Past Criminal History from Florida Department of Health Practitioner Profile

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

By statute, the Florida Legislature requires that the Department of Health (DOH) maintain an online practitioner profile for medical doctors, osteopathic physicians (DOs), chiropractors (DCs), advanced practice registered nurses (APRNs) and podiatric physicians.

Click here to learn more about these profiles from the DOH’s website.

However, the same law requires those health professionals to immediately update the profile when there is a change and to verify its accuracy.

What Does the Practitioner Profile Contain?

DOH practitioner profiles contain information such as education, disciplinary history, practice […]

By The Health Law Firm|2024-03-14T10:00:52-04:00June 1, 2018|Department of Health, Public Records, The Health Law Firm Blog|

Florida Pharmacy Allegedly the Cause of Eye Infection Outbreak

The Centers for Disease Control (CDC) has allegedly traced a rare fungal infection to an Ocala pharmacy, according to media reports. As reported, Franck’s Compounding Lab is believed to be at least partially responsible for spreading a rare fungal eye infection to over 30 patients across the U.S.

The CDC reports that eye drops and injections traced back to the lab caused the infections. These ophthalmic products contained multiple fungal and bacterial species, according to the CDC. The products have now been recalled, but were in use for over a year before the recall. The CDC has also issued a warning to avoid any product labeled sterile from Franck’s.

The patients impacted by the contaminated products had all undergone some type […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Department of Health, Health Care Industry, In the News, Pharmacy, The Health Law Firm Blog|

American Hospital Association (AHA) Sues U.S. Government for Denied Medicare Payments by RACs, ZPICs and Other Auditors

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

On November 1, 2012, the American Hospital Association (AHA) filed a lawsuit against the U.S. Department of Health and Human Services (HHS) claiming that private auditors hired to crack down on improper Medicare payments are denying hospitals millions of dollars in medically necessary care, this is according to a number of sources. The AHA is seeking a court order declaring the practice invalid, saying it violates the Medicare Act.

Four hospital systems in Michigan, Missouri and Pennsylvania have joined the AHA as plaintiffs in the suit. The suit has been filed […]

By The Health Law Firm|2024-03-14T10:00:39-04:00June 1, 2018|Department of Health, In the Know, In the News, Medicare, Medicare Audit, The Health Law Firm Blog|

Some Providers Billing PIP Claims No Longer Exempt From Health Care Clinic Act

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

Some health care providers that were previously exempt from the requirements of the Health Care Clinic Act are now required to obtain a Health Care Clinic license in order to bill for care provided to their patients injured in car accidents.

The original purpose of the Health Care Clinic Act was to regulate health care entities that were not owned by licensed health care providers. Entities that were owned by licensed health care providers were exempt from the Health Care Clinic license requirements because those health care providers were already regulated by the Department of Health (DOH).

Effective January […]

By The Health Law Firm|2024-03-14T10:00:55-04:00June 1, 2018|Department of Health, Licensing issues, The Health Law Firm Blog|

In Florida You Have Fifth Amendment Rights in a Department of Health Investigation of Your License

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

If you are contacted by a Florida Department of Health investigator, did you know that you are not required to make a statement or give any information that can be used against you? If you are being investigated you have a right to refuse to speak with an investigator pursuant to the Fifth Amendment of the U.S. Constitution and the equivalent rights given by the Florida Constitution, Article 1, Section 9. However, because the Miranda decision does not apply to administrative proceedings, including licensure investigations, the DOH investigator does not have to inform you of this.

In […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Department of Health, The Health Law Firm Blog|

Fake Pharmacist Sentenced to Prison for Working in Central Florida Pharmacies

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

On November 2, 2012, a former Altamonte Springs resident was sentenced to three and a half years in federal prison for fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ).

Click here to read the press release from the DOJ.

I previously blogged about this story when the fake pharmacist pleaded guilty. Click here to read that blog.

Phony Pharmacist Worked at Central Florida Pharmacies Including CVS and Walgreens.

According to an article in the […]

By The Health Law Firm|2024-03-14T10:00:39-04:00June 1, 2018|DEA, Department of Health, Fake Health Care Professionals, In the Know, Pharmacy, The Health Law Firm Blog|

OIG Audit Finds Federal Database of Terminated Medicaid Providers Needs Improvement

By Lenis L. Archer, J.D., M.P.H., The Health Law Firm

The Affordable Care Act (ACA) requires the Centers for Medicare and Medicaid Services (CMS) to establish a process for sharing information about terminated Medicaid providers. The federal database, called Medicaid and Children’s Health Insurance Program State Information Sharing System (MCSIS), is designed to prevent terminated health care providers from billing another state’s program. However, an audit by the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), released in March 2014, states the MCSIS is not working as intended.

The MCSIS is supposed to collect data from every state Medicaid program on providers that were terminated […]

By The Health Law Firm|2024-03-14T10:00:56-04:00June 1, 2018|Department of Health, Health Care Industry, MCSIS, Medicaid, Medicaid audit, Our Firm, The Health Law Firm Blog|

The 25 Biggest Mistakes Physicians Make After Being Notified of a Department of Health Complaint

The investigation of a complaint which could lead to the revocation of a physician’s license to practice medicine and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter and it should be treated as such by the physician who receives it. Yet, in many cases, attorneys are consulted by physicians after the entire investigation is over, and they have attempted to represent themselves throughout the case. Often, the mistakes that have been made severely compromise an attorney’s ability to achieve a favorable result for the physician.

These are the 25 biggest mistakes we see in the physician cases […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Department of Health, Health Care Industry, The Health Law Firm Blog|

Call (407) 331-6620 or Toll-free (888) 331-6620

Senators Want National Investigation of State Medical Boards

Boca Raton Compounding Pharmacy Shuts Its Doors After Receiving an Emergency Suspension Order

Removal of Past Criminal History from Florida Department of Health Practitioner Profile

Florida Pharmacy Allegedly the Cause of Eye Infection Outbreak

American Hospital Association (AHA) Sues U.S. Government for Denied Medicare Payments by RACs, ZPICs and Other Auditors

Some Providers Billing PIP Claims No Longer Exempt From Health Care Clinic Act

In Florida You Have Fifth Amendment Rights in a Department of Health Investigation of Your License

Fake Pharmacist Sentenced to Prison for Working in Central Florida Pharmacies

The 25 Biggest Mistakes Physicians Make After Being Notified of a Department of Health Complaint