In the Know | The Health Law Firm Blog

Health care law encompasses a wide range of issues. Learn more about regulations, legislation and general information involving health care providers and professionals (physicians, nurses, pharmacists, therapists, mental health counselors, rehab facilities, nursing homes, DME suppliers, medical students and interns, pain management clinics, hospital administrators, etc.) including information regarding the Department of Health, professional boards (Board of Nursing, Board of Pharmacy, Board of Dentistry, Board of Medicine, etc.), DEA, AHCA (Florida Agency for Health Care Administration) and Medicare and Medicaid.

Medical Students and Residents Must Fight Allegations of “Irregular Behavior” on the USMLE Step Exams

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

I am constantly taking calls from medical students and residents (or future residents) relating to allegations brought against them of “irregular behavior” in connection with the United States Medical Licensing Examination (USMLE) exams. Although the term “irregular behavior” is equated by many with the word “cheating,” it is actually defined by the USMLE to mean:

Irregular behavior includes any action by applicants, examinees, potential applicants, or others when solicited by an applicant and/or examinee that subverts or attempts to subvert the examination process.

The notice that a person has been accused of irregular behavior may come in a letter from the USMLE, National Board of Medical Examiners (NBME), or Examination Committee for Foreign Medical Graduates (ECFMG). In serious cases, one might be approached by a […]

By The Health Law Firm|2024-03-14T10:00:49-04:00June 1, 2018|Categories: Administrative law, Medical Students, NBME, The Health Law Firm Blog, USMLE|Tags: administrative law, administrative proceeding, cheating, civil proceeding, criminal proceeding, defense attorney, defense lawyer, Examination Committee for Foreign Medical Graduates (ECFMG), health care attorney, health care lawyer, irregular behavior, legal representation, medical administrative hearings, medical intern attorney, medical intern lawyer, medical resident, medical resident attorney, medical resident lawyer, medical student attorney, medical student lawyer, medical students, National Board of Medical Examiners (NBME), the health law firm, United States Medical Licensing Examination (USMLE), USMLE appeals, USMLE hearings, USMLE preparation course|Comments Off

Whistleblower Lawsuit Alleging Medicare Fraud Against Blackstone Medical, Inc., Dismissed

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

A whistleblower lawsuit against Blackstone Medical, Inc., alleging Medicare fraud against Parrish Medical Center, was dismissed by a U.S. District Judge in Tampa, Florida, on August 15, 2012. According to Orthopedics This Week, the case was unsealed on August 8, 2012, but dismissed without prejudice, all pending motions were denied as moot, and the clerk was directed to close the case, just one week after.

To see a copy of the order of dismissal, click here.

Whistleblower Originally Filed False Claims and Kickback Complaint.

According to the lawsuit, the whistleblower was asked to bid on a contract with the Parrish Medical Center in Florida, to provide intraoperative neurophysiological monitoring services. The whistleblower alleges he discovered that a […]

By The Health Law Firm|2024-03-14T10:00:37-04:00June 1, 2018|Categories: Medicare, Medicare Fraud, The Health Law Firm Blog, Whistleblower|Tags: audit, Blackstone Medical, defense lawyer, false claims act, FCA, fraud defense, fraud defense attorney, fraud prevention, fraud schemes, government health programs, legal representation, medicaid, medicare, Medicare overbilling, qui tam suits, whistleblower, whistleblower protection|2 Comments

Oncologist Accused of Billing Medicare for Unnecessary Chemotherapy-Employee Whistleblowers Filed First Claim

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

A Michigan oncologist is accused of deliberately misdiagnosing patients with cancer so he could allegedly administer chemotherapy treatments and bill the government for those treatments, according to the Department of Justice (DOJ). For more than two years the oncologist allegedly billed Medicare for $35 million in fraudulent claims. The oncologist was charged on August 19, 2013, with one count of Medicare fraud, according to the DOJ.

On top of submitting false claims to Medicare, a criminal complaint alleges a number of other serious charges. These include hiring doctors who may not have been properly licensed to practice medicine, administering controlled substances to patients at dangerous levels, and delaying hospital care for a patient with serious injuries, among others.

The complaint is allegedly based on interviews […]

By The Health Law Firm|2024-03-14T10:00:51-04:00June 1, 2018|Categories: In the News, Medicare, Medicare Fraud, The Health Law Firm Blog, Whistleblower|Tags: chemotherapy, chemotherapy treatment, defense attorney, defense lawyer, Department of Health (DOH), Department of Health and Humans Services (HHS), Department of Justice (DOJ), false billing, false claims, false claims act, legal representation, medicare, medicare audit, Medicare false claims, Medicare fraud, oncologist, qui tam, qui tam lawsuits, the health law firm, unnecessary procedures, whistleblower, whistleblower attorney, whistleblower lawyer, whistleblower protection|Comments Off

New Florida Drug Database Aimed at Preventing Drug Abuse

Recently, Florida pharmacists, physicians and pain management clinics have received negative attention over frequent Drug Enforcement Administration (DEA) raids. Now, Florida is once again in the spotlight as the state has launched a drug database in an attempt to reduce drug abuse perpetuated by visits to the doctor.

According to the Orlando Sentinel, this database will allow physicians and pharmacists to review a patient’s prescription history before issuing prescriptions for painkillers like OxyContin and other powerful drugs.

These preventative measures are not new to Florida health care providers. After garnering a reputation for frequent drug trafficking, proliferated by pain management clinics, the state passed legislation banning many doctors from dispensing dangerous controlled substances in their offices.

Currently, use of the database is not mandatory, but legislators are hoping to make it a requirement in the future. Both the Florida Medical Association and the Florida Osteopathic Medical Association are urging members to […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Categories: In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: drug database, florida, pain management, pain management clinics, pharmacisits, pharmacy, prescriptions|Comments Off

Medical Negligence – An Accidental Overdose of Prescription Pain Pills Can Lead to Lawsuits

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Carole C. Schriefer, R.N., J.D., The Health Law Firm

In February 2009, a 30-year-old male patient was prescribed, all together, 180 pills of Dilaudid and Xanax from a South Florida pain clinic. Sometime within the next 24 hours the patient died of what medical examiners ruled an overdose. According to the American Association for Justice, the patient’s family then sued the pain management clinic alleging the clinic’s physician prescribed a lethal overdose of the drugs and the defendant was liable for damages resulting from the patient’s murder. In the lawsuit, the jury awarded the plaintiff more than $5.33 million.

Physicians and Business Owners Liable for Medical Negligence.

According to an article in American Medical News, of the pharmaceutical-related overdoses in 2010, seventy-four percent (74%) […]

By The Health Law Firm|2024-03-14T10:00:46-04:00June 1, 2018|Categories: Administrative law, Health Care Industry, Pain Management, Pharmaceutical Drugs, The Health Law Firm Blog|Tags: accidental overdose, administrative hearings, administrative law attorney, administrative law lawyer, defense attorney, defense lawyer, doctors, Florida health care lawyer, Florida health law attorney, Medical negligence, opioid misuse, opioid use, pain pills, pharmacists, physicians, pill mill, prescription pain pill, prescriptions|Comments Off

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

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

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. Documents concerning the transaction should clearly state this.
To avoid allegations of violating the corporate practice of medicine prohibition in a state having one, the advice of experienced health care counsel […]

By The Health Law Firm|2024-03-14T10:00:29-04:00June 1, 2018|Categories: Health Care Industry, The Health Law Firm Blog|Tags: corporate law, corporate medicine, medical business, unauthorized corporate practice of medicine|Comments Off

Nationwide Telephone Scam: Phony DEA Agents Extorting Money from Victims

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

The Drug Enforcement Administration (DEA) is warning the public to be aware of a prescription drug scam. This telephone scheme is extorting money from people all over the country. On November 28, 2012, the DEA released a press release explaining the details of the scam.

Do Not Wire Money to Phony DEA Agents.

The scam starts with criminals posing as DEA agents calling victims by telephone. Frequently the victims will have recently purchased prescription drugs over the internet or by phone. The imposters tell the victims that purchasing the drugs in that manner is illegal, and that they must pay a fine. If the victims refuse to send money, the phony DEA agents threaten to arrest the victims or search their […]

By The Health Law Firm|2024-03-14T10:00:41-04:00June 1, 2018|Categories: DEA, HIPAA, In the News, Pharmaceutical Drugs, The Health Law Firm Blog|Tags: controlled substance purchases online, DEA agents, DEA investigation, defense attorney, defense lawyer, Drug Enforcement Administration (DEA), drug purchases on the telephone, extortion scam, HIPAA Privacy Complaint, Office of Civil Rights (OCR), online drug purchase, pharmacies, pharmacist, pharmacy, prescription-drug scam, scam alert|3 Comments

Excess Readmissions Mean Lower Medicare Reimbursement Rates for More than 2,000 Hospitals, Including 131 in Florida

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

Lower Medicare reimbursement rates are coming in October of 2012, to 2,211 hospitals around the country, including 131 in Florida. This is allegedly due to excessive readmission rates in these hospitals between July 2008 and June 2011, according to the Centers for Medicare and Medicaid Services (CMS). This story was originally reported by Kaiser Health News on August 13, 2012, and by other sources.

Starting in October 2012, Millions of Dollars in Penalties will be Deducted from Medicare Reimbursements.

Starting October 1, 2012, penalties will be deducted from Medicare reimbursements each time a hospital submits a claim.

All together these hospitals will give up about $280 million […]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|Categories: In the Know, Medicare, The Health Law Firm Blog|Tags: audit defense attorney, Centers for Medicare & Medicaid Services (CMS), defense attorney, false billing, health care fraud, legal defense lawyer, medicare, medicare audit, Medicare fraud, Medicare fraud attorney, Medicare investigation, Medicare overpayment, Medicare reimbursement|1 Comment