What to Do If You Receive an Inquiry From the USMLE, ECFMG, or NBME
By Achal A. Aggarwal, J.D., M.B.A., Attorney, The Health Law Firm The National Board of Medical Examiners (NBME) is an organization that sets certain standards for anyone seeking licensure in the U.S. It prepares and administers state recognized examinations for medical students and medical residents, to assure they meet certain requirements for clinical knowledge (CK) and ability to interact effectively with patient using the English language, the latter know as "clinical skills" (CK). The NBME's mission is centered on the assessment of physicians. The NBME [...]
What to do if You Receive a Medicaid Fraud Control Unit Investigative Subpoena
The Medicaid Fraud Control Unit is charged with investigating and prosecuting health care providers suspected of defrauding the state's Medicaid program. It is a division of the Florida Office of the Attorney General .When the unit opens a case against a provider, the first step is usually the issuance of an investigative subpoena, requesting specific patient records. The practice tips below were prepared to assist a health care provider in properly responding to and defending against such a subpoena. 1. Immediately contact an attorney knowledgeable [...]
What Should I Do If I Have Property That Is the Subject of a Seizure under the Civil Forfeiture Act?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The civil forfeiture of property has become a popular tool for state and federal agencies to fight alleged criminal activity. It is a civil proceeding that permits the government to seize personal property if it is believed that the property is "proceeds of criminal activity." The civil forfeiture law allows government authorities, usually police authorities, to gain possession of a person’s property without any determination of guilt or [...]
What Physicians Need to Know About Clinical Privileges and Peer Review Actions From the Meyers Case
If you are a physician with hospital privileges or have ever been called a "disruptive physician" make sure you are familiar with Meyers v. Columbia/HCA Healthcare Corp., which was finally decided in 2003. In ruling on disruptive physician cases, courts almost always rely on Meyers, and it has been cited repeatedly in other disruptive physician cases to justify a hospital or medical staff's peer review actions disciplining the physician. In this case, Dr. Meyers, an orthopedic surgeon, received provisional medical staff privileges at a hospital. A year later, the [...]
What Payers Are Considered to Be “Federal Payers” Under the Federal Anti-kickback Statute?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The federal Anti-Kickback Statute prohibits remuneration in relation to the provision of a “good, facility, service, or item for which payment may be made in whole or in part under a Federal health care program.” 42 U.S.C. § 1320a-7b(b). The Anti-Kickback Statute goes on to define “federal health care program” as any government-funded plan or program that provides health benefits or any state health care program. 42 U.S.C. [...]
What Nurses Need to Know about Florida Law and HIV Testing
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Section 381.004, Florida Statutes, provides for an increased level of protection of medical records that contain human immunodeficiency virus (HIV) test results. The super confidentiality requirements imposed by Florida law are viewed as the precautions which must be taken both before an HIV test can be performed and after the HIV test is performed to ensure patient confidentiality. Pre-Test Requirements. The administration of an HIV test requires the informed consent of [...]
What Medical Students Need to Know About a Finding of “Irregular Behavior” on a USMLE Step Transcript – Part One
By Ritisha K. Chhaganlal, J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health The United States Medical Licensee Examination (USMLE) Step exams are a major component of students' journey through medical school. Most students focus on preparing a study plan and earning the ideal score to get into a residency program of their choice. However, many medical students are not aware of the potentially career-damaging finding of "Irregular Behavior" on their USMLE Step transcript. In this two-part [...]