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Florida Woman Accused of Operating Illegal Dental Practice Out of Her Garage

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

On November 16, 2018, a Florida woman was accused of practicing as an unlicensed dentist, operating out of her home garage. After receiving an anonymous tip, Palm Beach County Sheriff’s deputies arrested Alexandra Gallego after a month-long investigation into the illegal practice.

She is facing charges of Practicing Dentistry without a License, and Unlawful Use and Control of Dental Equipment.

Practicing Without a License.

In addition to running an illegal practice, Gallego is accused of offering discounted rates to patients who paid in cash, couldn’t afford insurance or did not have the proper documents to legally be in the United States. When investigators searched the home, they found a makeshift dental office, including X-rays, medications and payment receipts located in the garage.

She told authorities she would see about 160 patients a month and made about $20,000 from those appointments. She funneled the money through a cleaning company that she legally owned so that she would be paying taxes on the income. She admitted to authorities that she knew she was legally not allowed to practice dentistry in Florida without a license.

Practicing Without a License Is a Crime.

Practicing medicine without a license is a crime! Additionally, so is helping someone practice medicine without a license. As a practitioner, you may be asked to supervise or join a practice. Remember, your license may be at stake with any wrongdoing by your subordinates. Before you join a practice or agree to supervise others, check first with the DOH that the other providers are legitimate. You can check current medical and dentistry licenses in the state of Florida here.

Remember, a license to practice medicine in Venezuela, Cuba, or anywhere else, is just that: a license to practice in that country. It does not allow a person to practice medicine in the United States.

Click here to read one of my prior blogs on a similar case of a Floridian posing as a doctor.

Contact Health Law Attorneys Experienced in Representing Health Care Providers Licensure and Regulatory Matters and in DOH Cases.

The Health Law Firm represents dentists, pharmacists, pharmacies, physicians, nurses, and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the Drug Enforcement Agency (DEA), Department of Health (DOH), and other law enforcement agencies.

If you are aware of an investigation of you or your practice, or if you have been contacted by the DEA or DOH, contact an experienced health law attorney immediately.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Detman, Gary. “Woman practiced dentistry out of garage, deputies say.” CBS 12News. (November 16, 2018). Web.

“Royal Palm Beach woman charged with practicing dental hygiene without license.” WPTV. (November 16, 2018). Web.

Hitchcock, Olivia. “Royal Palm woman accused of running illegal dental practice, making about $20K a month.” The Palm Beach Post. (November 16, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: licensure defense attorney, representation for professional license, representation for professional licensure matters, DOH attorney, representation for DOH investigations, representation for board representation, representation for dentists, dentist lawyer, representation for dentistry matters, dentist defense lawyer, legal representation for health care professionals, legal representation for licensed health care professionals, licensed health care defense attorney, health law defense attorney, Florida health law attorney, health care fraud defense attorney, legal representation for health care fraud, legal representation for health care fraud investigations, health care fraud investigation representation, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation representation, review of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!

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

On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, references “vast reams” of government agency guidance explaining the government’s views and interpretation of various laws. It includes laws related to requirements for accurate billing of Medicare and Medicaid by healthcare providers.

The “Brand Memorandum.”

In the memo, Brand said the DOJ “may not use its enforcement authority to effectively convert agency guidance documents into binding rules.” The memo is a product of Attorney General Jeff Sessions’ move in November 2017, to curtail “regulation by guidance.”

It states that it specifically applies to civil enforcement of laws, including the False Claims Act (FCA), that the Associate Attorney General oversees.

Click here to view the DOJ’s Brand Memorandum in full on our website.

Implications of the Brand Memorandum.

Brand’s memorandum stopped short of completely forbidding the use of agency guidance in support of DOJ cases. The memorandum indicates that, while violations of agency guidance can’t be used to prove violations of law, they can still be used “to help prove that the party had the requisite knowledge” of its legal obligations, Brand wrote.

FCA cases can be affected by many types of guidance. Medicare contractors provide guidance on billing when appropriate and the U.S. Food and Drug Administration (FDA) issues guidance on illicit off-label promotion. Additionally, the Office of the Inspector General (OIG) issues guidance and bulletins related to kickbacks and improper physician referrals.

To learn more about the DOJ’s role in health care fraud and compliance, click here to read one of my prior blogs.

Visit our website to find out how The Health Law Firm can assist you with Medicaid fraud defense, Medicare fraud defense and False Claims Act defense cases.

What Will the Long Term Effects Be?

We see these latest actions by the DOJ to announce a policy of allowing big corporations unbridled discretion to steal from the tax payers. We believe it signals a change to discouraging False Claims Act cases from being brought. It is difficult to see why DOJ is easing off of matters that help the prosecution of False Claims Act cases, especially those by individual relators (whistle blowers). Whistle blower or qui tam cases brought by hundreds of individual whistle blowers are now recovering billions of dollars each year in Medicare and Medicaid fraud. Why would anyone want to stifle such a successful program?

It is argued by DOJ that the DOJ’s budget is limited and U.S. Attorneys need to be freed up to go after serious crime, but that is exactly why the False Claims Act was passed in the first place. If the government doesn’t have the resources, personnel or, more importantly, the interest in pursuing those who files false claims and state form the tax payer, then private whistle blowers or relators are authorized to do this. All the government has to do is to decline to intervene in the case and then the relator can go ahead and pursue the case on its own, without costing the government anything. It was because of war profiteers’ treating the U.S. treasury as a piggy bank, to be looted anytime they felt like it, that caused the False Claims Act’s passage in the Civil War era.

There is also a big concern that if there is less guidance on such complex topics as how to properly document valid medical services and procedures delivered to patients, then how can busy doctors, health care professionals and health facilities hope to understand what is require of them. It is my understanding that such “guidance” is for just such a purpose, to guide those who are trying to comply.

Consult with a Health Law Attorney Experienced in Medicare and Medicaid Issues Now.

The attorneys of The Health Law Firm represent health care providers in Medicare audits, ZPIC audits and RAC audits throughout Florida and across the U.S. They also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, audits, recovery actions and termination from the Medicare or Medicaid Program.

For more information please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Sources:

Overley, Jeff. “New DOJ Memo Will Make Waves In Fraud Cases.” Law360. (January 29, 2018). Web.

“New DOJ Memo Will Make Waves In Fraud Cases.” Institute for Legal Reform. (January 29, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Fraudulent billing defense attorney, fraudulent billing representation, Medicare fraud defense attorney, Medicaid fraud defense attorney, representation for health care fraud, representation for Medicare fraud, representation for Medicaid fraud, False Claims Act (FCA) attorney, FCA defense attorney, FCA representation, false filling representation, false billing defense attorney, health care fraud defense attorney, U.S. Department of Justice (DOJ) guidance representation, DOJ investigation representation, DOJ defense attorney, DOJ investigation defense attorney, OIG investigation representation, OIG defense attorney, health care professional defense attorney, health care professional representation, health care compliance representation, health care compliance attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

 

Florida Woman Who Performed Illegal Silicone Injections Sentenced After “Patient’s” Death

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On May 26, 2017, a Sanford, Florida, woman who performed illegal cosmetic silicone injections was sentenced to 11 years in federal prison. According to prosecutors, the illegal procedures done by Deanna Roberts, led to serious health problems and the death of a prominent night club performer.
Illegal Injections.

From reports, Deanna Roberts bought about 178 gallons of non-medical grade liquid silicone between 2004 and 2015. She apparently told officials checking on this that she used the substance to lubricate medical equipment, according to the U.S. Department of Justice (DOJ). Despite what she told officials, prosecutors said she falsely claimed to be a licensed medical practitioner and illegally injected liquid silicone into at least five people during cosmetic procedures.

Come on, you know that if she purchased 178 gallons of silicone, she must have injected hundreds of patients.

Health Risks of Liquid Silicone.

The U.S. Food and Drug Administration (FDA) does not allow liquid silicone to be injected because of the health problems it can cause. Many of her “clients” were hospitalized with respiratory problems and other ailments when the silicone migrated to different parts of the body like their lungs, which is what it does. A prominent Atlanta performer died after the substance moved into her lungs, heart, brain and other organs, only 36 hours after the injection.

Roberts pleaded guilty. She was sentenced to 11 years and three months in federal prison, followed by three years of supervised release.

Why Don’t Patients Check Out the Credentials of Their Physicians?

Why don’t patients check out the credentials of their physicians? This just seems like common sense. Yet Florida abounds with phony doctors, phony paramedics, phony dentists and others practicing medicine or some other health profession without being licensed or even knowing anything about the field. Is it driven by the expense of medical procedures? To a certain extent it may very well be. It may also be partially explained by a failure of the “patients” to comprehend the possible adverse consequences of what may be viewed as a “minor” procedure. To a large extent, the unlicensed individuals who do this also prey on foreign born immigrants and foreigners, trusting them because they speak the same language.

I think the problem goes way beyond just the lack of licensure of the person providing the medical services. I constantly see cases of licensed medical doctors holding themselves out as experienced practitioners in medical specialties for which they are not board certified. I seen cases where board certified obstetricians/gynecologists are practicing pain management, where family practice physicians are performing plastic surgery procedures, where dentists are running medical spas providing cosmetic laser services, where nurses are performing cosmetic medical procedures, etc.

If you were diagnosed with a brain tumor, would you go to a family practice doctor to have it removed because he didn’t charge as much. If you needed a hernia repair, would you go to the “doctor” at the flea market, because she was so inexpensive? Consumers really need to be more worried about the experience and credentials of their physicians and check them out completely. Neighbors who have “doctors” set up clinics in their homes and garages need to rat these people out. Phony plastic surgeons who only advertise in Spanish on Spanish radio stations need to be reported to the authorities. Florida needs to do more about these unlicensed and licensed, but unqualified, health practitioners.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hayes, Crystal. “Sanford woman sentenced after silicone injection scheme led to drag queen’s death.” Orlando Sentinel. (May 26, 2017). Print.

Eldridge, Ellen. “Woman who killed Atlanta drag queen with silicone injection heads to prison.” The Atlanta Journal Constitution. (May 26, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for health care professionals, health law defense attorney, Florida health law attorney, health care fraud defense attorney, legal representation for health care fraud, legal representation for health care fraud investigations, health care fraud investigation representation, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation representation, review of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Florida Woman Who Performed Illegal Silicone Injections Sentenced After “Patient’s” Death

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On May 26, 2017, a Sanford, Florida, woman who performed illegal cosmetic silicone injections was sentenced to 11 years in federal prison. According to prosecutors, the illegal procedures done by Deanna Roberts, led to serious health problems and the death of a prominent night club performer.
Illegal Injections.

From reports, Deanna Roberts bought about 178 gallons of non-medical grade liquid silicone between 2004 and 2015. She apparently told officials checking on this that she used the substance to lubricate medical equipment, according to the U.S. Department of Justice (DOJ). Despite what she told officials, prosecutors said she falsely claimed to be a licensed medical practitioner and illegally injected liquid silicone into at least five people during cosmetic procedures.

Come on, you know that if she purchased 178 gallons of silicone, she must have injected hundreds of patients.

Health Risks of Liquid Silicone.

The U.S. Food and Drug Administration (FDA) does not allow liquid silicone to be injected because of the health problems it can cause. Many of her “clients” were hospitalized with respiratory problems and other ailments when the silicone migrated to different parts of the body like their lungs, which is what it does. A prominent Atlanta performer died after the substance moved into her lungs, heart, brain and other organs, only 36 hours after the injection.

Roberts pleaded guilty. She was sentenced to 11 years and three months in federal prison, followed by three years of supervised release.

Why Don’t Patients Check Out the Credentials of Their Physicians?

Why don’t patients check out the credentials of their physicians? This just seems like common sense. Yet Florida abounds with phony doctors, phony paramedics, phony dentists and others practicing medicine or some other health profession without being licensed or even knowing anything about the field. Is it driven by the expense of medical procedures? To a certain extent it may very well be. It may also be partially explained by a failure of the “patients” to comprehend the possible adverse consequences of what may be viewed as a “minor” procedure. To a large extent, the unlicensed individuals who do this also prey on foreign born immigrants and foreigners, trusting them because they speak the same language.

I think the problem goes way beyond just the lack of licensure of the person providing the medical services. I constantly see cases of licensed medical doctors holding themselves out as experienced practitioners in medical specialties for which they are not board certified. I seen cases where board certified obstetricians/gynecologists are practicing pain management, where family practice physicians are performing plastic surgery procedures, where dentists are running medical spas providing cosmetic laser services, where nurses are performing cosmetic medical procedures, etc.

If you were diagnosed with a brain tumor, would you go to a family practice doctor to have it removed because he didn’t charge as much. If you needed a hernia repair, would you go to the “doctor” at the flea market, because she was so inexpensive? Consumers really need to be more worried about the experience and credentials of their physicians and check them out completely. Neighbors who have “doctors” set up clinics in their homes and garages need to rat these people out. Phony plastic surgeons who only advertise in Spanish on Spanish radio stations need to be reported to the authorities. Florida needs to do more about these unlicensed and licensed, but unqualified, health practitioners.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hayes, Crystal. “Sanford woman sentenced after silicone injection scheme led to drag queen’s death.” Orlando Sentinel. (May 26, 2017). Print.

Eldridge, Ellen. “Woman who killed Atlanta drag queen with silicone injection heads to prison.” The Atlanta Journal Constitution. (May 26, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for health care professionals, health law defense attorney, Florida health law attorney, health care fraud defense attorney, legal representation for health care fraud, legal representation for health care fraud investigations, health care fraud investigation representation, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation representation, review of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!

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

On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, references “vast reams” of government agency guidance explaining the government’s views and interpretation of various laws. It includes laws related to requirements for accurate billing of Medicare and Medicaid by healthcare providers.

The “Brand Memorandum.”

In the memo, Brand said the DOJ “may not use its enforcement authority to effectively convert agency guidance documents into binding rules.” The memo is a product of Attorney General Jeff Sessions’ move in November 2017, to curtail “regulation by guidance.”

It states that it specifically applies to civil enforcement of laws, including the False Claims Act (FCA), that the Associate Attorney General oversees.

Click here to view the DOJ’s Brand Memorandum in full on our website.

Implications of the Brand Memorandum.

Brand’s memorandum stopped short of completely forbidding the use of agency guidance in support of DOJ cases. The memorandum indicates that, while violations of agency guidance can’t be used to prove violations of law, they can still be used “to help prove that the party had the requisite knowledge” of its legal obligations, Brand wrote.

FCA cases can be affected by many types of guidance. Medicare contractors provide guidance on billing when appropriate and the U.S. Food and Drug Administration (FDA) issues guidance on illicit off-label promotion. Additionally, the Office of the Inspector General (OIG) issues guidance and bulletins related to kickbacks and improper physician referrals.

To learn more about the DOJ’s role in health care fraud and compliance, click here to read one of my prior blogs.

Visit our website to find out how The Health Law Firm can assist you with Medicaid fraud defense, Medicare fraud defense and False Claims Act defense cases.

What Will the Long Term Effects Be?

We see these latest actions by the DOJ to announce a policy of allowing big corporations unbridled discretion to steal from the tax payers. We believe it signals a change to discouraging False Claims Act cases from being brought. It is difficult to see why DOJ is easing off of matters that help the prosecution of False Claims Act cases, especially those by individual relators (whistle blowers). Whistle blower or qui tam cases brought by hundreds of individual whistle blowers are now recovering billions of dollars each year in Medicare and Medicaid fraud. Why would anyone want to stifle such a successful program?

It is argued by DOJ that the DOJ’s budget is limited and U.S. Attorneys need to be freed up to go after serious crime, but that is exactly why the False Claims Act was passed in the first place. If the government doesn’t have the resources, personnel or, more importantly, the interest in pursuing those who files false claims and state form the tax payer, then private whistle blowers or relators are authorized to do this. All the government has to do is to decline to intervene in the case and then the relator can go ahead and pursue the case on its own, without costing the government anything. It was because of war profiteers’ treating the U.S. treasury as a piggy bank, to be looted anytime they felt like it, that caused the False Claims Act’s passage in the Civil War era.

There is also a big concern that if there is less guidance on such complex topics as how to properly document valid medical services and procedures delivered to patients, then how can busy doctors, health care professionals and health facilities hope to understand what is require of them. It is my understanding that such “guidance” is for just such a purpose, to guide those who are trying to comply.

Consult with a Health Law Attorney Experienced in Medicare and Medicaid Issues Now.

The attorneys of The Health Law Firm represent health care providers in Medicare audits, ZPIC audits and RAC audits throughout Florida and across the U.S. They also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, audits, recovery actions and termination from the Medicare or Medicaid Program.

For more information please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Sources:

Overley, Jeff. “New DOJ Memo Will Make Waves In Fraud Cases.” Law360. (January 29, 2018). Web.

“New DOJ Memo Will Make Waves In Fraud Cases.” Institute for Legal Reform. (January 29, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Fraudulent billing defense attorney, fraudulent billing representation, Medicare fraud defense attorney, Medicaid fraud defense attorney, representation for health care fraud, representation for Medicare fraud, representation for Medicaid fraud, False Claims Act (FCA) attorney, FCA defense attorney, FCA representation, false filling representation, false billing defense attorney, health care fraud defense attorney, U.S. Department of Justice (DOJ) guidance representation, DOJ investigation representation, DOJ defense attorney, DOJ investigation defense attorney, OIG investigation representation, OIG defense attorney, health care professional defense attorney, health care professional representation, health care compliance representation, health care compliance attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

 

Florida Woman Who Performed Illegal Silicone Injections Sentenced After “Patient’s” Death

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On May 26, 2017, a Sanford, Florida, woman who performed illegal cosmetic silicone injections was sentenced to 11 years in federal prison. According to prosecutors, the illegal procedures done by Deanna Roberts, led to serious health problems and the death of a prominent night club performer.
Illegal Injections.

From reports, Deanna Roberts bought about 178 gallons of non-medical grade liquid silicone between 2004 and 2015. She apparently told officials checking on this that she used the substance to lubricate medical equipment, according to the U.S. Department of Justice (DOJ). Despite what she told officials, prosecutors said she falsely claimed to be a licensed medical practitioner and illegally injected liquid silicone into at least five people during cosmetic procedures.

Come on, you know that if she purchased 178 gallons of silicone, she must have injected hundreds of patients.

Health Risks of Liquid Silicone.

The U.S. Food and Drug Administration (FDA) does not allow liquid silicone to be injected because of the health problems it can cause. Many of her “clients” were hospitalized with respiratory problems and other ailments when the silicone migrated to different parts of the body like their lungs, which is what it does. A prominent Atlanta performer died after the substance moved into her lungs, heart, brain and other organs, only 36 hours after the injection.

Roberts pleaded guilty. She was sentenced to 11 years and three months in federal prison, followed by three years of supervised release.

Why Don’t Patients Check Out the Credentials of Their Physicians?

Why don’t patients check out the credentials of their physicians? This just seems like common sense. Yet Florida abounds with phony doctors, phony paramedics, phony dentists and others practicing medicine or some other health profession without being licensed or even knowing anything about the field. Is it driven by the expense of medical procedures? To a certain extent it may very well be. It may also be partially explained by a failure of the “patients” to comprehend the possible adverse consequences of what may be viewed as a “minor” procedure. To a large extent, the unlicensed individuals who do this also prey on foreign born immigrants and foreigners, trusting them because they speak the same language.

I think the problem goes way beyond just the lack of licensure of the person providing the medical services. I constantly see cases of licensed medical doctors holding themselves out as experienced practitioners in medical specialties for which they are not board certified. I seen cases where board certified obstetricians/gynecologists are practicing pain management, where family practice physicians are performing plastic surgery procedures, where dentists are running medical spas providing cosmetic laser services, where nurses are performing cosmetic medical procedures, etc.

If you were diagnosed with a brain tumor, would you go to a family practice doctor to have it removed because he didn’t charge as much. If you needed a hernia repair, would you go to the “doctor” at the flea market, because she was so inexpensive? Consumers really need to be more worried about the experience and credentials of their physicians and check them out completely. Neighbors who have “doctors” set up clinics in their homes and garages need to rat these people out. Phony plastic surgeons who only advertise in Spanish on Spanish radio stations need to be reported to the authorities. Florida needs to do more about these unlicensed and licensed, but unqualified, health practitioners.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hayes, Crystal. “Sanford woman sentenced after silicone injection scheme led to drag queen’s death.” Orlando Sentinel. (May 26, 2017). Print.

Eldridge, Ellen. “Woman who killed Atlanta drag queen with silicone injection heads to prison.” The Atlanta Journal Constitution. (May 26, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for health care professionals, health law defense attorney, Florida health law attorney, health care fraud defense attorney, legal representation for health care fraud, legal representation for health care fraud investigations, health care fraud investigation representation, legal representation for U.S. Department of Justice (DOJ) investigations, DOJ investigation representation, review of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Miami Woman Gets 4 Years in Prison for Illegal Silicone Injection Scheme

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On September 20, 2017, a Florida federal judge sentenced a Florida woman to more than four years in prison for her part in a conspiracy to inject non-medical silicone into the buttocks of hundreds of spa customers. U.S. District Judge Kathleen M. Williams handed down the sentence to Magaly Del Rosario, who pled guilty for her part in the scheme to purchase “misbranded” silicone from Colombia and inject it into her “patients.” The “patients” were seeking “buttocks augmentation” at the Bella Beauty Spa in Miami between 2008 and 2015, according to court documents.

The Scheme.

Prosecutors said Del Rosario conspired with a local salon owner to smuggle the silicone from Colombia by having it falsely labeled as a type of wax used for hair removal. The salon owner was sentenced to 79 months in prison in late August 2017 for her part in the plot.

Prosecutors also alleged that the duo calmed patients’ worries by implying that they were both licensed to perform the procedure and telling them that they were being injected with a safe, temporary substance. In fact, prosecutors said, the pair knew the material was non-medical silicone, which is not only permanent but is also dangerous.

The Consequences of Such a Dangerous Scheme.

According to prosecutors, the silicone injections, which were made without the supervision of a licensed medical practitioner, can cause embolisms, infections, scar tissue formation, necrosis, skin discoloration and increased immune system activity. They also said that the silicone can travel to other unintended parts of the body causing discomfort and pain for patients.

After clients began complaining of complications and medical issues, they were directed to a man who was also practicing medicine without a license. The man was previously incarcerated for the same offense and allegedly performed minor surgeries in the salon.

Unlicensed Medical Practice Abounds in Florida.

Is it just me,. or does it seem that Florida is rife with those practicing medicine, dentistry and other health professions without a license? I have written blogs on this many times in the past. It is so prevalent that it pops up from time to time in the novels of Florida humor writers such as Carl Hiaasen and Tim Dorsey, as merely another unusual fact of life in Florida. I also previously wrote a blog on another Florida woman who was sentenced to 11 years in prison after her patient died from the illegal silicone injections. Click here to read the blog.

Why Don’t Patients Check Out the Credentials of Their Physicians?

Why don’t patients check out the credentials of their physicians? This just seems like common sense. Yet Florida abounds with phony doctors, phony paramedics, phony dentists and others practicing medicine or some other health profession without being licensed or even knowing anything about the field. Is it driven by the expense of medical procedures? To a certain extent it may very well be. It may also be partially explained by a failure of the “patients” to comprehend the possible adverse consequences of what may be viewed as a “minor” procedure. To a large extent, the unlicensed individuals who do this also prey on foreign born immigrants and foreigners, trusting them because they speak the same language.

The problem seems to go way beyond just the lack of licensure of the person providing the medical services. I constantly see cases of licensed medical doctors holding themselves out as experienced practitioners in medical specialties for which they are not board certified. I have seen cases where board certified obstetricians/gynecologists are practicing pain management, where family practice physicians are performing plastic surgery procedures, where dentists are running medical spas providing cosmetic laser services, where nurses are performing cosmetic medical procedures, etc.

If you were diagnosed with a brain tumor, would you go to a family practice doctor to have it removed because he didn’t charge as much. If you needed a hernia repair, would you go to the “doctor” at the flea market, because she was so inexpensive? Consumers really need to be more worried about the experience and credentials of their physicians and check them out completely. Neighbors who have “doctors” set up clinics in their homes and garages need to rat these people out. Phony plastic surgeons who only advertise in Spanish on Spanish radio stations need to be reported to the authorities. Florida needs to do more about these unlicensed and licensed, but unqualified, health practitioners.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Crosby, Christopher. “Miami Woman Gets 4 Years For Spa Silicone Injection Scheme.” Law360. (September 20, 2017). Web.

Scicchitano, Paul. “Illegal Miami Butt Biz Sends Spa Manager To Jail.” Miami Patch. (September 20, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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