Health Care Industry | The Health Law Firm Blog

The health care industry includes health care providers (hospitals, nursing homes, pain management clinics, doctor’s offices, surgical centers, rehab facilities, etc.) and health care professionals (physicians, nurses, dentists, pharmacists, therapists, psychologists, psychiatrists, mental health counselors, medical students, medical interns, hospital administrators, etc.). These health care providers and health care professionals are often the subject of legal issues.

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|

Halifax Whistleblower Claims Hospital Overbilled Medicare

The U.S. Department of Justice has joined a whistleblower suit filed against Halifax Hospital by the hospital’s director of physician services, according to the Daytona Beach News-Journal.

The U.S. Department of Justice filed its part of the lawsuit on Friday. It claims that Halifax Health defrauded the federal government by submitting thousands of false claims for Medicare and Medicaid payments worth millions of dollars. By filing, the U.S. Department of Justice hopes to recover millions of dollars in Medicare and Medicaid payments that it says were made in error to Halifax.

Elin Baklid-Kunz filed a lawsuit against Halifax in 2009. As a whistleblower, he could be awarded a percentage of whatever the government recovers. […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Health Care Industry, In the News, Medicaid, Medicare, The Health Law Firm Blog|

How to Avoid Allegations of Unauthorized Corporate Practice of Medicine

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

The following tips may help you to avoid allegations of unuathorized corporate practice of medicine, whether you are in a state that prohibits the corporate practice of medicine or not:

All contracts, job descriptions and other documents used in the employment of physicians should consistently stress the requirement of the physician to exercise his or her own independent professional judgment at all times.
A corporation entering into a transaction for a physician’s services should fully explain that any existing quality assurance, utilization review, capitation/bonus arrangement, or similar plan should not be interpreted to impede or interfere with the independent medical judgment of the physician in treating patients. […]

By The Health Law Firm|2024-03-14T10:00:29-04:00June 1, 2018|Health Care Industry, The Health Law Firm Blog|

Ohio Hospital Settles Whistleblower Case to Resolve False Claims Act Allegations

By Lance O. Leider, J.D., Attorney, The Health Law Firm

A group of doctors accused of performing an unusually high number of heart procedures on patients at an Ohio hospital has settled a whistleblower lawsuit, according to the Department of Justice (DOJ). The settlement agreement covers accusations that the doctors and the hospital billed Medicare for unnecessary cardiac procedures from 2001 to 2006.

Click here to read the press release from the DOJ.

The Ohio hospital agreed to pay the U.S. government $3.9 million, and the physician group agreed to pay $541,870 to settle the accusations.

Former Hospital Manager Speaks Up.

In October […]

By The Health Law Firm|2024-03-14T10:00:43-04:00June 1, 2018|Health Care Industry, In the News, The Health Law Firm Blog, Whistleblower|

Strike Force Busts 89 People, Mostly Health Care Professionals, in Nationwide Crackdown on Medicare Fraud

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

In a nationwide takedown nearly 100 people, including doctors, nurses and other medical professionals, in eight cities were all allegedly charged in separate Medicare fraud schemes. These individual scams involved approximately $223 million in false billing, according to the Department of Justice (DOJ) and the Department of Health and Humans Services (DHHS). On May 14, 2013, more than 400 law enforcement officials with the Medicare Fraud Strike Force spread out between Miami, Detroit, Los Angeles, New York, New Orleans, Houston, Chicago and Tampa to make the arrests of these 89 people, according to the […]

By The Health Law Firm|2024-03-14T10:00:48-04:00June 1, 2018|Health Care Industry, Medicare, Medicare Fraud, The Health Law Firm Blog|

California Doctor To Pay $562,500 Fine and Spend 5 Days in Jail for Balance Billing Patients Covered by Managed Care Plans

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A California doctor was fined $562,500 and ordered to spend five days in jail for illegally balance billing patients covered by health plans, according to a Los Angeles Times posted in December 2013. The doctor, Jeannette Martello, M.D., is a plastic and reconstructive surgeon practicing in the Los Angeles area. She was accused of balance billing patients covered by managed care health plans that were provided emergency treatment in several hospitals in Los Angeles. The doctor had […]

By The Health Law Firm|2024-03-14T10:00:54-04:00June 1, 2018|Health Care Industry, In the Know, Insurance, The Health Law Firm Blog|

The Collateral Effects of a Criminal Case on a Health Care Licensee

Criminal charges against a health care professional can have serious consequences. Learn more about the impact of a criminal charge on Florida licensed health professionals. For further information, visit our website.

What is the Effect of a Plea of Nolo Contendere for a Florida Licensed Health Professional?

Pursuant to the general chapter of Florida Statutes applicable to all licensed health professionals (Chapter 456), a plea of nolo contendere is treated the same as a plea of guilty for all purposes. Additionally the chapter of Florida Statutes that governs each type of health professional usually contains similar provisions; sometimes this will be in the Florida Administrative Code (F.A.C.) Rules that have been adopted by the separate professional licensing board for that profession.

What Is the […]

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

Are You Ready for HIPAA and HITECH Audits?

The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) is launching a pilot program this month to make sure covered entities are in compliance with HIPAA privacy and security rules and breach notification standards, according to the OCR. The OCR will perform up to 150 audits to assess HIPAA compliance.

The HITECH Act requires HHS to perform periodic audits to check for HIPAA compliance. The audits will be conducted from November 2011 through December 2012. Initially these audits will likely focus on hospitals and insurance companies, but HMEs could also be a target.

Though early audits are likely to be educational, in order to get a […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Health Care Industry, HIPAA, Hitech Act, The Health Law Firm Blog|

Preparing for a Florida Board of Medicine Informal Hearing

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

If you are scheduled to appear for an informal hearing before the Florida Board of Medicine, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Medicine itself for a very limited number of reasons. These will include the following:

If you completed an election of rights (EOR) form and agreed that you did not intend to dispute any material facts alleged against you from […]

By The Health Law Firm|2024-03-14T10:00:29-04:00June 1, 2018|Board of Medicine, Department of Health, Health Care Industry, Informal Hearings, The Health Law Firm Blog|

Is It Legal to Make Flu Shots Mandatory for Health Care Professionals?

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

The warnings have been loud and clear from the Centers for Disease Control and Prevention (CDC). This influenza season is off to an early and serious start. With that in mind, a number of states are requiring all health professionals in the state to receive the flu vaccination. Some of those opposed to getting vaccinated are being fired by hospitals and health facilities. Because of this, a controversy is arising between employee rights and patient safety, according to a number of news sources.

Click here to read more on […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Health Care Industry, In the Know, In the News, Nurses, The Health Law Firm Blog|