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Fake Doctor in Texas Accused of Injecting Patients with Silicone Instead of Botox

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

A South Texas woman was charged on October 31, 2013, for allegedly injecting people with silicone, that she claimed was Botox. The phony health professional, described in some media reports as an “unlicensed plastic surgeon,” has been charged with practicing medicine without a license. According to Reuters, the unlicensed health professional could also be facing charges of manslaughter if investigators confirm that a woman’s death was related to treatments received from the imposter.

Click here to read the entire article from Reuters.

If convicted, the fake health care professional could spend up to […]

By The Health Law Firm|2024-03-14T10:00:53-04:00June 1, 2018|Fake Health Care Professionals, In the News, The Health Law Firm Blog|

Florida Doctor Faces Administrative Hearing Over Allegations of Torturing Patient

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

A Lake Worth, Florida, doctor accused of “punishment therapy” that included the use of whips, blindfolds, handcuffs and other instruments of torture could have his license revoked by the Florida Board of Osteopathic Medicine. At the meeting on November 15, 2013, the Board rejected a settlement that the Florida Department of Health (DOH) had negotiated with the doctor’s attorney. The settlement option included a $10,000 fine and two (2) years of probation. The doctor was not arrested or charged with a crime, but admitted to having an unusual and sexual relationship with his patient.

By […]

By The Health Law Firm|2024-03-14T10:00:53-04:00June 1, 2018|Administrative law, Board of Medicine, The Health Law Firm Blog|

Fake Surgeon in Florida Accused of Performing Liposuction Without a License

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

A Kissimmee, Florida, man was arrested on December 18, 2013, on charges that he has been allegedly performing liposuction without a medical license in a Central Florida clinic. According to the Orlando Sentinel, the Metropolitan Bureau of Investigation (MBI) began investigating the phony surgeon about a year ago, after Florida Department of Health (DOH) received a complaint about the clinic in which the phony doctor worked. The clinic was called “Sculptural Orlando.”

Click here to read the article from the Orlando Sentinel.

Investigators Looking for More Victims.

According to the Orlando Sentinel, it is […]

By The Health Law Firm|2024-03-14T10:00:53-04:00June 1, 2018|Fake Health Care Professionals, In the News, The Health Law Firm Blog|

Doctor or Nurse, Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator

Despite mailing out hundreds of thousands of postcards and letters to physicians, nurses, dentists, pharmacists, and psychologists 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.

Let me state this as succinctly and clearly […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Department of Health, Health Care Industry, Medicaid, Medicare, Nurses, The Health Law Firm Blog|

California Doctor To Pay $562,500 Fine and Spend 5 Days in Jail for Balance Billing Patients Covered by Managed Care Plans

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

A California doctor was fined $562,500 and ordered to spend five days in jail for illegally balance billing patients covered by health plans, according to a Los Angeles Times posted in December 2013. The doctor, Jeannette Martello, M.D., is a plastic and reconstructive surgeon practicing in the Los Angeles area. She was accused of balance billing patients covered by managed care health plans that were provided emergency treatment in several hospitals in Los Angeles. The doctor had […]

By The Health Law Firm|2024-03-14T10:00:54-04:00June 1, 2018|Health Care Industry, In the Know, Insurance, The Health Law Firm Blog|

Florida’s Strike Force Raids Pain Management Physicians

Florida is reported to have one of the worst prescription drug abuse problems in the country. Because of this issue, pain management physicians have been under increasing scrutiny and attack by federal and state agencies. If you are a pain management physician or you work in a pain a management clinic, you need to be aware of the measures that state and federal agencies are taking against doctors who practice pain management and the owners of pain management clinics.

A news release sent out by the Florida Department of Health (DOH) this summer discusses “inspections” of physicians’ offices across the state, allegedly to ensure compliance with Florida’s new prescription drug law (House Bill 7095). However, many of these may be more […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Department of Health, Health Care Industry, Pain Management, Pharmacy, The Health Law Firm Blog|

Some Providers Billing PIP Claims No Longer Exempt From Health Care Clinic Act

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

Some health care providers that were previously exempt from the requirements of the Health Care Clinic Act are now required to obtain a Health Care Clinic license in order to bill for care provided to their patients injured in car accidents.

The original purpose of the Health Care Clinic Act was to regulate health care entities that were not owned by licensed health care providers. Entities that were owned by licensed health care providers were exempt from the Health Care Clinic license requirements because those health care providers were already regulated by the Department of Health (DOH).

Effective January […]

By The Health Law Firm|2024-03-14T10:00:55-04:00June 1, 2018|Department of Health, Licensing issues, The Health Law Firm Blog|

In Florida You Have Fifth Amendment Rights in a Department of Health Investigation of Your License

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

If you are contacted by a Florida Department of Health investigator, did you know that you are not required to make a statement or give any information that can be used against you? If you are being investigated you have a right to refuse to speak with an investigator pursuant to the Fifth Amendment of the U.S. Constitution and the equivalent rights given by the Florida Constitution, Article 1, Section 9. However, because the Miranda decision does not apply to administrative proceedings, including licensure investigations, the DOH investigator does not have to inform you of this.

In […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Department of Health, The Health Law Firm Blog|

Florida Cardiologist Receives Emergency Suspension Order Linked to Stem Cell Treatments

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

A Florida cardiologist recently had his medical license emergently suspended by the Florida Department of Health (DOH) for allegedly performing stem cell treatments on a patient. According to the emergency suspension order (ESO), the DOH had previously warned the doctor to stop performing these treatments in 2011. Now, his license is at risk of being revoked. To view the ESO click here.

Doctor’s License Suspended by the DOH for Allegedly Performing Stem Cell Treatments.

The DOH ordered the emergency suspension of the cardiologist’s medical license in March 2012. He is being accused of violating an emergency restriction order (ERO) against using stem cell treatments […]

By The Health Law Firm|2024-03-14T10:00:31-04:00June 1, 2018|Department of Health, In the News, 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|