dentist attorney | The Health Law Firm Blog

The Most Common Cases The Health Law Firm Takes

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

One of the most common questions we get asked by doctors and lawyers alike, is about the types of cases our firm takes. They often mistake the practice of health law as medical malpractice defense. However, this is an incorrect assumption. Likewise, if we had a penny for every time we have heard “Yikes, an attorney! I hope I never need you,” we could close our doors and all retire.

As a general health law practice, we concentrate on both proactive and defensive […]

By The Health Law Firm|2024-03-14T10:00:18-04:00January 28, 2019|Massage Law Blog|

Florida Medicaid Audits Dental Claims

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law

The Agency for Health Care Administration (AHCA) is auditing Medicaid claims submitted by dental providers in Florida. AHCA is auditing dental practices looking for claims that were not billed in compliance with the Florida Medicaid Dental Services Coverage and Limitations Handbook. AHCA’s audits are focused on claims that are billed too frequently, claims that are billed on the same date of service as a redundant code, and claims that have been unbundled when they should have been billed as part of a comprehensive code.

Specific Dental Codes Being Audited.

Dental providers that are the subject of these audits may […]

By The Health Law Firm|2024-03-14T10:01:44-04:00May 15, 2018|Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|

Florida Board of Dentistry Proposes Change to Minimum Record Keeping Requirements for Dentists

By Christopher E. Brown, J.D., The Health Law Firm

On August 22, 2014, the Florida Board of Dentistry will meet to discuss implementing new requirements for record keeping. We believe that these changes are due to the Board’s concern over potential ambiguity with the current regulations, and due to the recent difficulty it had in disciplining Florida dentists for record keeping violations.

Read on for an outline of the proposed new requirements. Be sure to check this blog regularly. We will have a firm representative at this meeting and will post any updates.

Current Florida Rule.

Rule 64B5-17.002, Florida Administrative Code, provides the minimum record keeping requirements placed on Florida’s dentists. Currently, the rule requires […]

By The Health Law Firm|2024-03-14T10:01:44-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law, Dentists|

30 Major Mistakes Dentists Make After Being Notified of a Department of Health Investigation- Part 1

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

The investigation of a Department of Health (DOH) complaint which could lead to the revocation of the dentist’s license, usually starts with a simple letter from the DOH. This letter should not be ignored. This is a very serious legal matter and it should be treated as such by the dentist who receives it. Yet, in many cases, we are consulted by dentists after the entire investigation is over. The case has been presented to the Probable Cause Panel and formal charges have been filed against them. They have attempted to represent themselves throughout the […]

By The Health Law Firm|2024-03-14T10:01:45-04:00May 15, 2018|Dental Law Blog|

30 Major Mistakes Dentists Make After Being Notified of a Department of Health Investigation- Part 2

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

This two part blog series discusses the seriousness of receiving a letter of investigation from the Department of Health (DOH) and the importance of consulting an experienced health law attorney. In many cases, we are consulted by dentists after the entire investigation is over. Often, the mistakes that have been made severely compromise our ability to achieve a favorable result for the dentist.

This is part two in a two part blog series. To read part one of this series, click here.

These […]

By The Health Law Firm|2024-03-14T10:01:46-04:00May 15, 2018|Dental Law Blog|

Florida Board of Dentistry Makes Changes to Anesthesia Rules

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

On November 13, 2017, The Florida Board of Dentistry updated rules and terminology for the use of anesthesia. The Board changed terminology from “conscious sedation” or “pediatric conscious sedation” to “moderate sedation” or “pediatric moderate sedation.”

The updates were done to ensure that the terminology adequately describes the type of anesthesia that is being performed.

Existing Permit Holders.

If you are a dentist that currently holds a “conscious sedation” or “pediatric conscious sedation” permit, you will receive a new permit with the updated terminology. The Board made no substantive changes to the definition or level of permit.

For more information […]

By The Health Law Firm|2024-03-14T10:01:46-04:00May 15, 2018|Dental Law Blog|

Florida Law Prohibits Control of a Dental Practice by a Nondentist

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

Florida has long been a state that does not prohibit the corporate practice of medicine, unlike many other states. However, it does prohibit the corporate practice of dentistry. The key provision in Florida law that establishes this is Section 466.028, Florida Statutes, but the Florida Board of Dentistry has also adopted administrative rules on this topic, as well.

What this means is that any corporation (or other type of business entity) that owns or operates a dental practice, under Florida law, must be one solely owned by and controlled by dentists. In this […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law|

Florida Board of Dentistry Warns About Responding to or Consulting with Individuals Over Internet About Dental Issues

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

At the Florida Board of Dentistry meeting held on November 15, 2013, one of the committee chairs discussed an issue that has arisen nationally that is causing dentists legal problems. The issue arises when individuals contact a dentist over the internet seeking “information” on a dental condition or problem, and possible treatment or procedures that can resolve these issues.

The concern is that the dentist may actually be diagnosing a dental condition or problem the individual has. The bigger concern arises if the individual contacting the dentist is in a different state from the one in […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law, Dentists|

Dangerous Dentistry: What One Connecticut Dentist Did That Got His License Suspended

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

Connecticut officials have suspended the license of an Enfield, Connecticut, dentist after a patient apparently died in the dentist’s chair on February 17, 2014. In a single visit the dentist allegedly attempted to extract 20 teeth from a 64-year-old woman who had prior health issues on record. One of the dental assistants reportedly begged for the procedure to be cut short after the patient began gurgling and lost consciousness. CPR was performed on the unresponsive patient before she was transported to a local hospital where she was […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists, Emergency Suspension Order, ESO, Licensure matters|

Dentists: Tightened Controls on Prescribing to Medicare Part D Patients Could Affect Your Practice

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

Starting June 1, 2015, Medicare Part D will no longer reimburse patients or pharmacies for prescriptions unless the dentist opts in and enrolls in Medicare, or opts out and enters into a private contract with the patient. This measure is part of a rule finalized by the Centers for Medicare and Medicaid Services (CMS). The purpose of the rule is to assist CMS in cracking down on doctors, dentists and other health care providers that are improperly prescribing drugs to Medicare patients.

Medicare Part D plans provide supplemental optional coverage for prescription medication used in dentistry, […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|Dental Law, Dentistry Law, Dentists, Insurance|