May 2020

Question: Is Exposure to COVID-19 For Nurses and Other Healthcare Workers, Causing Illness, Disability, or Death, Considered an Employment-Related Injury Under Workers’ Comp Coverage?

By |2024-03-14T10:00:00-04:00May 7, 2020|Medical Education Law Blog|

Attorney Amanda I. ForbesBy Amanda I. Forbes, J.D. and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In answering the question posed in the title of this blog, first, it should be noted that the World Health Organization (WHO) classifies COVID-19 as an “occupational disease.”  (Reference:  World Health Organization, “Coronavirus Disease (COVID-19) Outbreak: Rights, Roles and Responsibilities Of Health Workers. . . .”)

Click here to view the classification by the WHO on our website.

Most state workers’ compensation laws cover the worker for occupational diseases if the worker acquires it during the course and scope of their employment.  For example, Section 440.151(2), Florida Statutes, states:

Whenever used in this […]

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

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

Attorney George IndestBy 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 […]

June 2018

Fake Pharmacist Sentenced to Prison for Working in Central Florida Pharmacies

By |2024-03-14T10:00:39-04:00June 1, 2018|DEA, Department of Health, Fake Health Care Professionals, In the Know, Pharmacy, The Health Law Firm Blog|

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

On November 2, 2012, a former Altamonte Springs resident was sentenced to three and a half years in federal prison for fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ).

Click here to read the press release from the DOJ.

I previously blogged about this story when the fake pharmacist pleaded guilty. Click here to read that blog.

Phony Pharmacist Worked at Central Florida Pharmacies Including CVS and Walgreens.

According to an article in the […]

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

By |2024-03-14T10:00:51-04:00June 1, 2018|In the News, Medicare, Medicare Fraud, The Health Law Firm Blog, Whistleblower|

4 Indest-2009-3By 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 […]

Tightened Restrictions Placed on Pain Management Clinics in Seminole County

By |2024-03-14T10:00:40-04:00June 1, 2018|In the Know, Pain Management, The Health Law Firm Blog|

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

Seminole County, Florida, is the latest county to adopt tightened regulations for pain management clinics. On November 13, 2012, County Commissioners unanimously voted to adopt the ordinance enacting Chapter 186 of the Seminole County Code to establish regulations regarding pain management clinics.

Click here to read the entire Seminole County Ordinance.

County Commissioners hope these new regulations will aid law enforcement in fighting illegal pill mill operations in Florida.

Officials Believe Restrictions Will Help Prevent Overprescribing.

The ordinance requires clinics to get a license, produce monthly […]

Burden of Proof in Administrative Cases Involving Discipline of a Health Professional’s License – Part 1

By |2024-03-14T10:00:43-04:00June 1, 2018|Administrative law, Department of Health, Licensing issues, The Health Law Firm Blog|

1 Indest-2008-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

I am often asked about the burden of proof that must be met by the state Department of Health (DOH) in professional licensing disciplinary cases.  This could be a complaint against a physician, dentists, mental health counselor, nurse, psychologist, pharmacist or anyone else.  It also includes, for example, engineers, general contractors, school teachers, architects, cosmetologists, or any other professional holding a professional license in Florida.  However, since we routinely represent health professionals, I will concentrate on those licenses by the state DOH in this blog.

Overview.

What few people (even […]

Licensed Health Professionals: Keep Up with Your Continuing Education Requirements

By |2024-03-14T10:00:43-04:00June 1, 2018|Department of Health, Licensing issues, The Health Law Firm Blog|

10 Indest-2008-7By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Those who are licensed by the Department of Health (DOH) must be sure they are maintaining their continuing education requirements by taking the required courses in a timely manner.  We have attended at least one professional board meeting recently where there was concern expressed about licensees failing to meet their continuing education requirements.  One estimate was that approximately sixty percent (60%) were deficient of one profession.

Failing to obtain the required courses during the time period set forth by statute and by board regulation can result in disciplinary action being […]

Consequences of Clinical Research Fraud and Misconduct

By |2024-03-14T10:00:34-04:00June 1, 2018|In the Know, Medical Research, The Health Law Firm Blog|

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

Medical and clinical researchers, whether in an academic community or in a practice setting, spend years on clinical trials and investigations in hopes of contributing to their respective fields. Many of these researchers, however, find themselves defending their reputation after being accused of research fraud or research misconduct.


Why Researchers are Accused of Misconduct.

Although accusations of research fraud and misconduct have been present for decades, the number of complaints is on the rise, […]

Burden of Proof in Administrative Cases Involving Discipline of a Health Professional’s License – Part 2

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

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

I am often asked about the burden of proof that must be met by the state Department of Health (DOH) in professional licensing disciplinary cases. This could be a complaint against a physician, dentists, mental health counselor, nurse, psychologist, pharmacist or anyone else. It also includes, for example, engineers, general contractors, school teachers, architects, cosmetologists, or any other professional holding a professional license in Florida. However, since we routinely represent health professionals, I will continue to concentrate on those licenses by the state DOH in this blog. Click here to read part one.

Fifth […]

Doctor Voluntarily Relinquishes License Due to Allegations of Malpractice and Over-Prescribing Oxycodone

By |2024-03-14T10:00:34-04:00June 1, 2018|In the News, Medical License, The Health Law Firm Blog|

By Danielle M. Murray, J.D., Attorney, The Health Law Firm

A doctor in Polk County, Florida, has lost his license to practice medicine. Rather than risk having his license revoked in an administrative proceeding, the now former doctor offered to voluntarily relinquish his license. The Florida Board of Medicine voted to accept the voluntary relinquishment on Friday, August 3, 2012, according to a Lakeland Ledger article.

Click here to read the entire Lakeland Ledger article.

Doctor Nabbed in Sting Operation for Allegedly Prescribing Oxycodone to Undercover Agents.

The article states the doctor from Winter Haven was nabbed in a sting operation in 2010 after allegedly providing prescriptions for oxycodone to undercover police officers without actually performing […]

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