Administrative Hearing | The Health Law Firm Blog

Will a Death from COVID-19 be Considered “Accidental Death” for Life Insurance Policies or a Death from “Accidental Causes?”

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

Almost all life insurance policies, including term policies, pay a “double indemnity,” that is, double the limits of coverage if a death occurs from “accidental causes” as opposed to “natural causes.” A question arises, given the COVID-19 pandemic, of whether a death caused by the novel corona versus would be considered a natural death or an accidental death. Fortunately, there is some guidance on this issue.

One reason it is important to distinguish between “accidental death” and “natural death” is that:

There is no pandemic exclusion for life insurance. General life insurance covers pandemics, assuming you were truthful about your travel plans and exposure to illness […]

By The Health Law Firm|2024-03-14T10:00:00-04:00May 7, 2020|Health Facilities Law Blog|

Orlando-based Assisted Living Facilities Appeal ALJ Decision, Win Case Against AHCA

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

Two related assisted living facilities (ALFs) based in Orlando won a case against the Agency for Health Care Administration (AHCA) on appeal. The First District Court of Appeal heard the case and filed an opinion in favor of the ALFs on November 30, 2011.

To view the opinion in this case, click here.

Appeals Court Dismissed Three Complaints Made by AHCA.

On appeal, the ALFs challenged a final order issued by AHCA. The amended final order revoked the ALFs’ licenses, denied their licensure renewal applications, and […]

By The Health Law Firm|2024-03-14T10:00:32-04:00June 1, 2018|Assisted Living Facilities, The Health Law Firm Blog|

Recent Appellate Court Case Emphasizes The Public’s Right to Records Under Public Records Act

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

The following is a summary of a recent appellate case on an issue that may be relevant to those pursuing administrative hearings in health law cases or related cases:

Promenade D’Iberville v Sundy, 145 So. 3d. 980 (Fla. 1st DCA 2014)

After receiving a public records request from Promenade D’Iberville, LLC (Promenade), with whom the Jacksonville Electric Authority (JEA) was in active litigation in Mississippi, the JEA filed a motion for protective order in the Mississippi court to circumvent the request. The JEA eventually turned over the requested records, but only after two months […]

By The Health Law Firm|2024-03-14T10:01:00-04:00June 1, 2018|Administrative law, Electronic Health Record, The Health Law Firm Blog|

Have You Updated Your Address with the Department of Health?

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

A recent case involving the Florida Department of Business and Professional Regulation (DBPR) demonstrates how important it is for all professional licensees, including Department of Health (DOH) licensees, to immediately update their addresses with the licensing agency when there is change.

Appellant in Recent Case Filed an Appeal to Reverse Revokation of His License Application.

In Griffis v. Department of Business and Professional Regulation, the appellant filed an appeal of the DBPR’s order revoking two of his licenses. The order also imposed a fine and ordered the appellant to pay restitution […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Department of Health, The Health Law Firm Blog|

Appeal Court Rules AHCA Was Justified in Withdrawing Home Health Agency’s License Application

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

The First District Court of Appeal has ruled that the Agency for Health Care Administration (AHCA) had substantial justification to withdraw a home health agency’s application for licensure in a recent case. To view the opinion, click here.

Home Health Agency Challenged AHCA’s Decision to Withdraw Application.

AHCA withdrew the home health care facility’s license application because the application allegedly contained insufficient information. The application did not provide enough information for AHCA to verify actual ownership of the facility.

The home health agency challenged AHCA’s decision. The […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Assisted Living Facilities, Home health care facility, The Health Law Firm Blog|

Advice for All Massage Therapists: Please Talk to a Lawyer Before You Talk to the Department of Health (DOH) Investigator

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

Massage therapists, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with counsel.

Admitting to Anything May Hurt Your Case.

We are routinely consulted by massage therapists and other healthcare providers for representation after they have discussed the case and […]

By The Health Law Firm|2024-03-14T10:00:40-04:00June 1, 2018|Department of Health, Massage Therapy, Massage Therapy License, The Health Law Firm Blog|

Drug Enforcement Administration (DEA) Nabs New York Doctor Allegedly on Drug Charges

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

A raid by the Drug Enforcement Administration (DEA) on November 27, 2012, at a New York home led to the arrest of an emergency room (ER) doctor, according to a number of sources. Once inside, agents allegedly found crack cocaine, crack pipes, needles and other drug paraphernalia belonging to the doctor. It’s reported by The Buffalo News that the raid came just as the alleged drug abuser was getting ready to smoke a crack cocaine pipe.

Click here to read the entire article from The Buffalo News.
[…]

By The Health Law Firm|2024-03-14T10:00:41-04:00June 1, 2018|DEA, Department of Health, In the News, The Health Law Firm Blog|

How to Prepare for an Informal Hearing Before the Florida Board of Psychology

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 Psychology, 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 Psychology itself for a very limited number of reasons. These will include the following:

1. If you completed an election of rights (EOR) form and agreed that you […]

By The Health Law Firm|2024-03-14T10:00:42-04:00June 1, 2018|Informal Hearings, Mental Health, The Health Law Firm Blog|

Massage Therapists Needs Good Professional Liability Insurance, Too

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

Whether you’re an independent contractor, an employee of a chiropractor, physician or spa, or you travel to clients’ homes, insurance is essential for all massage therapists. Not only can professional liability insurance protect you in the event of a lawsuit, but it may also pay your legal defenses in the event of a complaint against your license to practice or for other legal problems. In Florida, it is not mandatory for a massage therapist to have professional liability insurance. However, since it is so cheap, we always recommend buying coverage. It’s a […]

By The Health Law Firm|2024-03-14T10:00:43-04:00June 1, 2018|Administrative law, Insurance, Massage Therapy, The Health Law Firm Blog|

Terrible Things That Can Happen after Discipline on Your Professional License or Resignation of a License after Notice of Investigation

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

Do you have a medical, pharmacy or nursing license in several different states? Do you have a license in more than one health profession? Have you been notified that an investigation has been opened against you? Are you thinking about resigning your professional license or voluntarily relinquishing such a license? Then you must be aware of the following.

First, you should never voluntarily relinquish or resign your license after you know that an investigation has been opened or that disciplinary action has been taken against you. Such a resignation is considered to be a […]

By The Health Law Firm|2024-03-14T10:00:49-04:00June 1, 2018|Administrative law, Health Care Industry, Licensing issues, The Health Law Firm Blog|