Department of Health | The Health Law Firm Blog

Dentists, Talk to an Attorney Before You Talk to an Investigator

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

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to dentists, throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”), Drug Enforcement Administration (DEA) special agents, police officers, sheriff’s deputies, or criminal investigators of any type.

Investigators are NOT There to Help You.

Let me state this as succinctly and clearly as possible. If you are […]

By The Health Law Firm|2024-03-14T10:00:43-04:00June 1, 2018|Categories: DEA, Dentist, Department of Health, Licensing issues, The Health Law Firm Blog|Tags: criminal charges, D.O., dea, DEA investigation, DEA number, dentist investigation, dentists, department of health, doh, family dentist investigation, FBI, investigation, license revoked, Medicaid investigation, Medicare investigation, pediatric dentist investigation, physician, quality assurance|Comments Off

Recent Changes to Florida’s Pain Management Laws

If you are a pain management physician, it is important for you to be aware of changes in the laws governing the practice of pain management. The following laws were updated this summer, so the Florida Department of Health (DOH) will be enforcing these changes, including new penalities for inappropriate prescribing and new regulations for prescribing controlled substances.

Minimum penalties for inappropriate prescribing for licensed health professionals – six (6) month suspension and $10,000 fine per count. “Inappropriate prescribing” is in new Section 456.44, Florida Statutes.
Effective January 1, 2012, every physician prescribing controlled substances must designate himself or herself as a controlled substance prescribing practitioner on the physician’s profile maintained by the Florida Department of Health.
Effective July 1, 2011, new required elements must be documented in medical records of each pain management patient and there are new Standards of Practice for pain management physicians.
Effective July 1, 2011, each physician practicing in […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: Department of Health, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: pain management, pain management attorney, pain management florida laws, pain management prescribing florida|20 Comments

New System for Patients to Report Medical Mistakes in the Works

By Danielle M. Murray, J.D.

According to the New York Times, the government wants to implement a new system that would allow patients to report medical mistakes and unsafe practices by health care providers to a central reporting organization. This includes doctors, hospitals, pharmacists, and all other professionals or entities that provide medical treatment. While it is only an idea at this point, the government envisions patients reporting problems through a website or a phone number by answering a short questionnaire.

Federal officials believe that medical mistakes frequently go unreported and patients could have useful information that could be used to identify health care providers and facilities where errors are made.

A Tool to Help Doctors and Hospitals Learn from Mistakes.

Hospitals and some doctors like the idea. They argue that it would allow them to better understand the […]

By The Health Law Firm|2024-03-14T10:00:37-04:00June 1, 2018|Categories: Department of Health, Health Care Industry, In the Know, In the News, Licensing issues, The Health Law Firm Blog|Tags: defense attorney, defense lawyer, dentist defense, Department of Health (DOH), DOH investigation, licensure issues, medical malpractice, mistake, nurse defense, patient complaint, pharmacist defense, physician defense|Comments Off

How to Relocate Your Practice

By Thu Pham, O.D., Law Clerk, The Health Law Firm

Relocating your practice can be stressful. There are many things that you need to do such as physically moving all of your equipment, moving your utility services, and notifying your insurance companies, notifying the Department of Health (DOH), notifying Medicare and Medicaid, and, most important, notifying your patients. Optometrists sometimes forget that they should also notify their patients of the move.

Florida Administrative Code.

Rule 64B13-3.002(2), Florida Administrative Code, requires that an optometrist give notice to patients when he or she relocates or withdraws services so that the patient may make arrangements for follow-up eye care and knows where to obtain a copy of the prior treatment record. The notice should identify the optometrist’s new location or the location for which the patient may obtain his records. The notice must be in compliance with Rule 64B13-3.003(7), Florida Administrative Code. […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Categories: Department of Health, Licensing issues, The Health Law Firm Blog|Tags: Advertising, Board of Optometry, defense attorney, defense lawyer, Department of Health (DOH), how to move a practice, Optometrist, professional license investigation, relocation|Comments Off

What Does Proposed Liposuction Bill Mean For Florida Plastic Surgeons?

A new Florida bill aimed at making liposuction procedures safer is making its way through the Senate in Tallahassee. The bill was created as a result of the deaths of four South Florida mothers in their 30s during liposuction procedures, according to the Orlando Sentinel.

Present state rules say physician surgery offices must be inspected by the state Department of Health or accrediting organizations, unless the doctor performs procedures using only local sedatives that leave the patient awake. Cosmetic surgeons who perform liposuctions using local sedatives such as lidocaine do not have to have their offices inspected.

The bill says that any liposuction that removes more than 1 liter of fat can only be done in a regulated office. This would cover most liposuctions. It would force most liposuctions to be done in surgery offices inspected by the state, by doctors with life-support training, not in unregulated physician offices.

However, some doctors think […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: Department of Health, Health Care Industry, The Health Law Firm Blog|Tags: attorney, florida, legislation, liposuction, plastic surgeons|2 Comments

Practicing Medicine Without a Medical License Lands Miami Couple Behind Bars

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

By now, you have heard stories of fake doctors and dentists in South Florida working on patients and causing severe injuries.

Usually, these are solo efforts. However, according to CBS Miami, a couple was arrested back in August of 2011, for practicing medicine without a license. The wife owned a clinic where the husband treated patients. The majority of the patients were children, but the fake doctor also apparently performed gynecological exams on female patients.

Click here to see the story from CBS Miami.

Phony Doctor’s Clinic Fooled Customers.

The clinic apparently looked legitimate to its customers, and other facilities would even refer patients there. A legitimate licensed physician, listed as […]

By The Health Law Firm|2024-03-14T10:00:37-04:00June 1, 2018|Categories: Department of Health, Fake Health Care Professionals, In the Know, Licensing issues, Medical License, The Health Law Firm Blog|Tags: administrative complaint, defense attorney, defense lawyer, Department of Health (DOH), doctor, doctor defense, DOH investigation, fake doctor, gynecology, health law, license, medicine, Miami, physician, physician defense, revocation, south florida, suspension, termination|1 Comment

Orlando Physician To Pay $10,000 Fine for Prescribing Painkillers to Undercover Agents

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

On January 24, 2013, an Orlando physician pleaded no contest to racketeering charges for allegedly prescribing pain pills to undercover agents who did not need them. The physician was fined $10,000 and placed on 20 years of probation.

Physician Was One of the First Arrested in Florida’s Prescription-Abuse Crackdown.

According to the DOH complaint, between 2008 and 2009, the physician allegedly saw two undercover agents six times. Each agent complained about minor pain. Both agents were allegedly prescribed pain medication by the physician.

The complaint states that each office visit between the physician and undercover agents was filmed and the audio was taped using hidden surveillance equipment. This is a common tactic used by undercover agents investigating pain management physicians.

Click here to read the entire complaint […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Categories: Board of Medicine, Department of Health, The Health Law Firm Blog|Tags: defense attorney, defense lawyer, Department of Health (DOH), doctor, doctor disciplinary action, DOH complaint attorney, DOH complaint lawyer, Drug Enforcement Administration (DEA), health law attorney, health lawyer, physician, physician attorney, physician disciplinary action, Pill Street Blues|1 Comment

More Reasons Not to Voluntarily Relinquish Your Professional License or Fail to Appeal an Exclusion Action

In the past, I have written articles and blogs on why a physician, nurse, dentist, psychologist, pharmacist, mental health counselor or other licensed health professional should never agree to voluntarily relinquish his or her license after any notice of a possible investigation being opened. This is treated the same as if the state licensing agency had revoked that license for cause. This applies even if the license is in another state, is inactive, or has expired.

The consequences of this include the action that will surely follow from the Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) to exclude that professional from the Medicare Program. Of course, this exclusion means any federal health care program, including participation in TRICARE/CHAMPUS, Veterans Administration (VA) program, Public Health Service (PHS) programs, Indian Health Service programs, U.S. Postal Service (USPS) health programs, and the state Medicaid program.

However, 42 […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: Department of Health, Health Care Industry, The Health Law Firm Blog|Tags: attorney for nurses, department of health investigation florida, medical license florida, nursing license florida attorney for physicians, voluntary relinquishment|3 Comments

Beware of These Illegal Business Arrangements in Healthcare

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

Florida does not have a corporate practice of medicine prohibition like many other states do. In other words, a physician is allowed to work as an employee or independent contractor of a corporation or other business entity owned by nonphysicians However, there are a number of exceptions to this rule.

For dentists, optometrists and chiropractors there are specific statutory prohibitions on any member of that profession practicing his or her specialty while working for a group, practice or organization that is owned or controlled by one who is not a member of that profession. These laws, a different one for each specialty, make it a felony to do so, as well as grounds for discipline against the professional’s license. It […]

By The Health Law Firm|2024-03-14T10:00:38-04:00June 1, 2018|Categories: Department of Health, Medical License, Medicare, The Health Law Firm Blog|Tags: administrative action, Agency for Health Care Administration (AHCA), chiropractor, defense attorney, defense lawyer, dentist, Department of Health (DOH), DOH investigation, licensed health care clinic, licensed health professional, licensing and regulatory, licensing issues, licensure cases, medical clinic, medical license, medical practice, Medicare billing fraud, Medicare billing number, Medicare fraud defense attorney, Medicare fraud defense lawyer, Medicare provider number, nurse, opinion letter, pain management clinics, physician, practice, practicing medicine without a license|Comments Off

Hydrocodone Combination Drugs Could Be Reclassified to Schedule II Category of Controlled Substances

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

A Food and Drug Administration (FDA) advisory committee voted 19 to 10 in favor of moving hydrocodone combination drugs from schedule III into the more restrictive schedule II category of controlled substances. According to a number of different sources, on January 25, 2013, the committee presented this recommendation to the FDA. If approved, hydrocodone combination drugs, such as Vicodin, will be harder for physicians to prescribe.

The advisory committee met because the Drug Enforcement Administration (DEA) is requesting the FDA to approve the reclassification of hydrocodone combination products. The DEA wants to help curb the growing number of people across the country addicted to painkillers.

Click here […]

By The Health Law Firm|2024-03-14T10:00:45-04:00June 1, 2018|Categories: Administrative law, Department of Health, In the Know, Pain Management, The Health Law Firm Blog|Tags: administrative hearings, defense attorney, defense lawyer, Department of Health (DOH), doctors, Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Food and Drug Administration (FDA), hydrocodone, license defense counsel, nurse practitioner, pharmacists, physician assistants (PAs), physicians, schedule II controlled substances, schedule III controlled substances|Comments Off