A Criminal Offense On Your Record Can Prevent You from Obtaining Your License in Florida

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

Someone arrested for a criminal offense knows that it can lead to a criminal record that may or may not be on your record for the rest of your life. However, once you pay your fine and carry out any other disciplinary action the court has ordered, you expect the consequences to be over. In many cases, the arrest and offense can even be sealed or expunged so that it is no longer on your record. However, in the case of someone who desires to apply for a license in the health care field or who is already licensed, this is not the end of the consequences you will face.

For healthcare professionals, a criminal charge can mean being disqualified from obtaining a license or losing your license to practice. Conviction of certain criminal offenses may even mean exclusion from being a Medicare provider or termination from the state Medicaid Program, which can also be grounds for revoking your license. Criminal charges against a health professional can have serious and long-lasting consequences.

How Criminal Charges Impact Your Professional License.

Licensing authorities are charged by statute with protecting the general public, not the individuals they regulate. Most state laws regulating health practitioners include criminal convictions as one of the grounds for denial or discipline of a professional license. Some state laws (for example, Florida’s) allow the state licensing authority to impose discipline upon a nolo contendere (no contest) plea or even when adjudication is withheld or deferred by the court.

State regulatory authorities can and do impose discipline based on the facts underlying a conviction, even when the conviction itself is not directly related to the practice of a profession. For example, a conviction for driving under the influence (DUI) or reckless driving may raise the question with the licensing authority of whether the practitioner could be impaired or reckless while providing patient care. The licensing authority will likely investigate these matters and the facts underlying the offense to determine if the practitioner threatens the public.

Therefore, if you have been arrested for DUI, disorderly conduct, assault, or any other misdemeanor, you can anticipate that the state, the Department of Health (DOH), or the Department of Licensing and Regulatory Affairs will start an investigation. You must retain an attorney who can immediately defend your freedom during your criminal case and protect your livelihood during licensing proceedings.

Mandatory Report of Conviction of Felony or Misdemeanor Charge.

In the event of a conviction, this may trigger a required report to the state licensing board within a certain period. Some states only require a report at the time of renewal of the license. Other states require a report within thirty days of the disposition of the offense. Still others, like Florida, may have multiple actions the provider must take in such instances.

For example, certain licensed health professionals in Florida must maintain an online provider profile. Those who must maintain a profile in Florida include medical doctors, podiatrists, nurse practitioners, and chiropractors. State law requires that for any change in the information required on the profile (a conviction, for example), the profile must be updated within fifteen (15) days. In addition, Florida law requires a written report be made to the professional licensing board of any licensed health provider within thirty (30) days of the disposition of the offense.

Suppose you have been arrested and are facing felony or misdemeanor charges. In that case, you must seek the advice and experience of an attorney who can help you and your criminal defense attorney to analyze different outcomes to help protect your license.

Health professionals who have been arrested generally want their criminal cases resolved as quickly and quietly as possible. Unfortunately, they may inadvertently accept a plea arrangement that results in later severe discipline or revocation of their professional license. All health professionals and their criminal defense attorneys should consider the consequences of the practitioner’s license before accepting a plea arrangement and should consult with an experienced health law attorney. Click here to read one of our prior blogs for more information on this. 

Remember, your health profession is probably your only means of support. You must realize that you may need additional legal help from an experienced healthcare attorney to maintain it.

The disciplinary process is often long and extremely costly. The effects of discipline on your license can follow you for the remainder of your career and is publicly available to anyone who cares to look. If you have been arrested, it is strongly recommended that you retain an experienced healthcare attorney who can advise you and your criminal counsel on the effects of a potential outcome on your license.

Contact Health Law Attorneys Experienced in Handling Licensure Matter and Disciplinary Matters.

The Health Law Firm routinely represents physicians, pharmacists, dentists, nurses, mental health counselors, social workers, and other health practitioners in licensure matters. We frequently consult with criminal defense attorneys regarding defense strategies tailored to minimizing criminal sanctions while at the same time preserving the practitioner’s license.

To contact The Health Law Firm, call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

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 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in health law practice. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

KeyWords: Health care license defense representation, professional license legal defense, representation for professional license suspension, reporting physician arrests and convictions, health care license defense attorney, medical license defense attorney, reporting criminal conviction for doctor or health professional, report arrest for physician or health professional, mental health counselor defense lawyer, representation for physician criminal charges, representation for nurse criminal charges, representation for dentist criminal charges, Department of Health (DOH) conviction report, misdemeanor offense physician lawyer, Department of Health (DOH) investigation defense attorney, DOH complaint investigation legal defense representation, DOH defense attorney, legal representation in DOH investigation, representation for license suspension, license revocation attorney, representation for health care professionals, legal representation for administrative hearing, representation for administrative appeals, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Florida health law defense attorney, Medicare exclusion defense attorney, Office of Inspector General (OIG) exclusion defense lawyer, legalrepesntatin in Office of Inspector General (OIG) exclusion, Office of the Inspector General (OIG) health care complaint, defense of relinquishment of DEA number, DEA order to show cause (OSC) hearing attorney

“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 © 2022 The Health Law Firm. All rights reserved.

By |2024-01-24T19:00:11-05:00January 26, 2024|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

A Criminal Record Can Prevent You from Obtaining Your License in Florida

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

Someone arrested for a criminal offense knows that it can lead to a criminal record that may or may not be on your record for the rest of your life. However, once you pay your fine and carry out any other disciplinary action the court has ordered, you expect the consequences to be over. In many cases, the arrest and offense can even be sealed or expunged so that it is no longer on your record. However, in the case of someone who desires to apply for a license in the health care field or who is already licensed, this is not the end of the consequences you will face.

For healthcare professionals, a criminal charge can mean being disqualified from obtaining a license or losing your license to practice. Conviction of certain criminal offenses may even mean exclusion from being a Medicare provider or termination from the state Medicaid Program, which can also be grounds for revoking your license. Criminal charges against a health professional can have serious and long-lasting consequences.

How Criminal Charges Impact Your Professional License.

Licensing authorities are charged by statute with protecting the general public, not the individuals they regulate. Most state laws regulating health practitioners include criminal convictions as one of the grounds for denial or discipline of a professional license. Some state laws (for example, Florida’s) allow the state licensing authority to impose discipline upon a nolo contendere (no contest) plea or even when adjudication is withheld or deferred by the court.

State regulatory authorities can and do impose discipline based on the facts underlying a conviction, even when the conviction itself is not directly related to the practice of a profession. For example, a conviction for driving under the influence (DUI) or reckless driving may raise the question with the licensing authority of whether the practitioner could be impaired or reckless while providing patient care. The licensing authority will likely investigate these matters and the facts underlying the offense to determine if the practitioner threatens the public.

Therefore, if you have been arrested for DUI, disorderly conduct, assault, or any other misdemeanor, you can anticipate that the state, the Department of Health (DOH), or the Department of Licensing and Regulatory Affairs will start an investigation. You must retain an attorney who can immediately defend your freedom during your criminal case and protect your livelihood during licensing proceedings.

Mandatory Report of Conviction of Felony or Misdemeanor Charge.

In the event of a conviction, this may trigger a required report to the state licensing board within a certain period. Some states only require a report at the time of renewal of the license. Other states require a report within thirty days of the disposition of the offense. Still others, like Florida, may have multiple actions the provider must take in such instances.

For example, certain licensed health professionals in Florida must maintain an online provider profile. Those who must maintain a profile in Florida include medical doctors, podiatrists, nurse practitioners, and chiropractors. State law requires that for any change in the information required on the profile (a conviction, for example), the profile must be updated within fifteen (15) days. In addition, Florida law requires a written report be made to the professional licensing board of any licensed health provider within thirty (30) days of the disposition of the offense.

Suppose you have been arrested and are facing felony or misdemeanor charges. In that case, you must seek the advice and experience of an attorney who can help you and your criminal defense attorney to analyze different outcomes to help protect your license.

Health professionals who have been arrested generally want their criminal cases resolved as quickly and quietly as possible. Unfortunately, they may inadvertently accept a plea arrangement that results in later severe discipline or revocation of their professional license. All health professionals and their criminal defense attorneys should consider the consequences of the practitioner’s license before accepting a plea arrangement and should consult with an experienced health law attorney. Click here to read one of our prior blogs for more information on this. 

Remember, your health profession is probably your only means of support. You must realize that you may need additional legal help from an experienced healthcare attorney to maintain it.

The disciplinary process is often long and extremely costly. The effects of discipline on your license can follow you for the remainder of your career and is publicly available to anyone who cares to look. If you have been arrested, it is strongly recommended that you retain an experienced healthcare attorney who can advise you and your criminal counsel on the effects of a potential outcome on your license.

Contact Health Law Attorneys Experienced in Handling Licensure Matter and Disciplinary Matters.

The Health Law Firm routinely represents physicians, pharmacists, dentists, nurses, mental health counselors, social workers, and other health practitioners in licensure matters. We frequently consult with criminal defense attorneys regarding defense strategies tailored to minimizing criminal sanctions while at the same time preserving the practitioner’s license.

To contact The Health Law Firm, call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

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 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in health law practice. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

KeyWords: Health care license defense representation, professional license legal defense, representation for professional license suspension, reporting physician arrests and convictions, health care license defense attorney, medical license defense attorney, reporting criminal conviction for doctor or health professional, report arrest for physician or health professional, mental health counselor defense lawyer, representation for physician criminal charges, representation for nurse criminal charges, representation for dentist criminal charges, Department of Health (DOH) conviction report, misdemeanor offense physician lawyer, Department of Health (DOH) investigation defense attorney, DOH complaint investigation legal defense representation, DOH defense attorney, legal representation in DOH investigation, representation for license suspension, license revocation attorney, representation for health care professionals, legal representation for administrative hearing, representation for administrative appeals, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Florida health law defense attorney, Medicare exclusion defense attorney, Office of Inspector General (OIG) exclusion defense lawyer, legalrepesntatin in Office of Inspector General (OIG) exclusion, Office of the Inspector General (OIG) health care complaint, defense of relinquishment of DEA number, DEA order to show cause (OSC) hearing attorney

“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 © 2022 The Health Law Firm. All rights reserved.

By |2024-01-07T19:00:04-05:00January 9, 2024|Categories: Massage Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

From the archives: A Criminal Offense Can Prevent You from Obtaining Your License in Florida

Previously published on October 14, 2022
Attorney & Author HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Someone arrested for a criminal offense knows that it can lead to a criminal record that may or may not be on your record for the rest of your life. However, once you pay your fine and carry out any other disciplinary action the court has ordered, you expect the consequences to be over. In many cases, the arrest and offense can even be sealed or expunged so that it is no longer on your record. However, in the case of someone who desires to apply for a license in the health care field or who is already licensed, this is not the end of the consequences you will face.

For healthcare professionals, a criminal charge can mean being disqualified from obtaining a license or losing your license to practice. Conviction of certain criminal offenses may even mean exclusion from being a Medicare provider or termination from the state Medicaid Program, which can also be grounds for revoking your license. Criminal charges against a health professional can have serious and long-lasting consequences.

How Criminal Charges Impact Your Professional License.

Licensing authorities are charged by statute with protecting the general public, not the individuals they regulate. Most state laws regulating health practitioners include criminal convictions as one of the grounds for denial or discipline of a professional license. Some state laws (for example, Florida’s) allow the state licensing authority to impose discipline upon a nolo contendere (no contest) plea or even when adjudication is withheld or deferred by the court.

State regulatory authorities can and do impose discipline based on the facts underlying a conviction, even when the conviction itself is not directly related to the practice of a profession. For example, a conviction for driving under the influence (DUI) or reckless driving may raise the question with the licensing authority of whether the practitioner could be impaired or reckless while providing patient care. The licensing authority will likely investigate these matters and the facts underlying the offense to determine if the practitioner threatens the public.

Therefore, if you have been arrested for DUI, disorderly conduct, assault, or any other misdemeanor, you can anticipate that the state, the Department of Health (DOH), or the Department of Licensing and Regulatory Affairs will start an investigation. You must retain an attorney who can immediately defend your freedom during your criminal case and protect your livelihood during licensing proceedings.

Mandatory Report of Conviction of Felony or Misdemeanor Charge.

In the event of a conviction, this may trigger a required report to the state licensing board within a certain period. Some states only require a report at the time of renewal of the license. Other states require a report within thirty days of the disposition of the offense. Still others, like Florida, may have multiple actions the provider must take in such instances.

For example, certain licensed health professionals in Florida must maintain an online provider profile. Those who must maintain a profile in Florida include medical doctors, podiatrists, nurse practitioners, and chiropractors. State law requires that for any change in the information required on the profile (a conviction, for example), the profile must be updated within fifteen (15) days. In addition, Florida law requires a written report be made to the professional licensing board of any licensed health provider within thirty (30) days of the disposition of the offense.

Suppose you have been arrested and are facing felony or misdemeanor charges. In that case, you must seek the advice and experience of an attorney who can help you and your criminal defense attorney to analyze different outcomes to help protect your license.

Health professionals who have been arrested generally want their criminal cases resolved as quickly and quietly as possible. Unfortunately, they may inadvertently accept a plea arrangement that results in later severe discipline or revocation of their professional license. All health professionals and their criminal defense attorneys should consider the consequences of the practitioner’s license before accepting a plea arrangement and should consult with an experienced health law attorney. Click here to read one of our prior blogs for more information on this. 

Remember, your health profession is probably your only means of support. You must realize that you may need additional legal help from an experienced healthcare attorney to maintain it.

The disciplinary process is often long and extremely costly. The effects of discipline on your license can follow you for the remainder of your career and is publicly available to anyone who cares to look. If you have been arrested, it is strongly recommended that you retain an experienced healthcare attorney who can advise you and your criminal counsel on the effects of a potential outcome on your license.

Contact Health Law Attorneys Experienced in Handling Licensure Matter and Disciplinary Matters.

The Health Law Firm routinely represents physicians, pharmacists, dentists, nurses, mental health counselors, social workers, and other health practitioners in licensure matters. We frequently consult with criminal defense attorneys regarding defense strategies tailored to minimizing criminal sanctions while at the same time preserving the practitioner’s license.

To contact The Health Law Firm, call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

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 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in health law practice. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

KeyWords: Health care license defense representation, professional license legal defense, representation for professional license suspension, reporting physician arrests and convictions, health care license defense attorney, medical license defense attorney, reporting criminal conviction for doctor or health professional, report arrest for physician or health professional, mental health counselor defense lawyer, representation for physician criminal charges, representation for nurse criminal charges, representation for dentist criminal charges, Department of Health (DOH) conviction report, misdemeanor offense physician lawyer, Department of Health (DOH) investigation defense attorney, DOH complaint investigation legal defense representation, DOH defense attorney, legal representation in DOH investigation, representation for license suspension, license revocation attorney, representation for health care professionals, legal representation for administrative hearing, representation for administrative appeals, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Florida health law defense attorney, Medicare exclusion defense attorney, Office of Inspector General (OIG) exclusion defense lawyer, legalrepesntatin in Office of Inspector General (OIG) exclusion, Office of the Inspector General (OIG) health care complaint, defense of relinquishment of DEA number, DEA order to show cause (OSC) hearing attorney

“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 © 2022 The Health Law Firm. All rights reserved.

 

 

 

By |2024-01-06T19:00:04-05:00January 8, 2024|Categories: Marijuana Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |1 Comment

Dental Practice Pays $23,000 For Potential HIPAA Privacy Violations Involving Yelp Posts

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

On December 14, 2022, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settled with New Vision Dental (NVD) over a potential HIPAA Privacy violation. The California-based dental practice paid $23,000 to OCR and agreed to implement a corrective action plan after allegedly including protected health information (PHI) in its responses to reviews on Yelp.

The Complaint and Investigation.

On November 29, 2017, the Office for Civil Rights (OCR) received a complaint alleging New Vision Dental had posted responses to several unfavorable reviews by patients on Yelp and frequently disclosed confidential protected health information (PHI) in its responses. For example, in some posts, patients were allegedly identified, and NVD revealed their full names when the patient may have only chosen to use a made-up name on the platform. Other information allegedly posted included detailed information about the patient’s visits, treatment, and health insurance when the patient had not posted that information publicly.

The federal agency’s investigation found potential violations of the HIPAA Privacy Rule, including impermissible uses and disclosures of PHI and failures to provide adequate Notice of Privacy Practices and implement Privacy policies and procedures. “This latest enforcement action demonstrates the importance of following the law even when using social media. Providers cannot disclose protected health information of their patients when responding to negative online reviews. This is a clear ‘NO,’” said OCR Director Melanie Fontes Rainer in a statement.

To read more, click here for the press release from the HHS.

In addition to the settlement, NVD agreed to implement a corrective action plan (CAP) that will be monitored for two years by OCR. As part of its CAP, the dental practice agreed to develop, revise, and maintain written policies and procedures to comply with federal privacy and security standards. All workforce members will also receive training on those policies and procedures, and NVD must remove all social media postings that include PHI.

The resolution agreement and CAP can be viewed here.

Guidelines for Appropriate Use of Social Media and Social Networking.

Healthcare professionals are discouraged from interacting with current or past patients on personal social networking sites and should never, under any circumstances, reveal personal information about the patient or the patient’s treatment or care. Online interaction with patients should only occur when discussing the patient’s medical treatment within the physician-patient relationship and with written, signed consent by the patient to use e-mail or other online services for such messaging. These interactions should never occur on personal social networking or social media websites.

Patient privacy must always be protected, especially on social media and social networking websites. Breaches in patient confidentiality could harm the patient and violate federal privacy laws such as the Health Insurance Portability and Accountability Act of 1996 and applicable state privacy laws.

Failure to Comply With HIPAA Can Result in Both Civil and Criminal Penalties.

This penalty was the 21st financial penalty OCR imposed in 2022 to resolve HIPAA violations, more than in any other year since it was given the authority to enforce HIPAA compliance. With the increased popularity and availability of social media platforms also comes an increase in potential privacy violations. To read a previous blog I wrote on this, click here.

If Notified of a HIPAA Investigation or Audit, Consult an Experience Health Law Attorney Immediately.

If you receive notice that you have a HIPAA Privacy Complaint, are suspected of a HIPAA breach, or are subject to a HIPAA audit, consult an experienced healthcare attorney immediately. There are many technicalities to these laws and regulations, and what may initially seem like a violation may be proven to be nothing. Many defenses can be raised, and often a complaint may be dismissed by the OCR once the correct facts are shown to it by your attorney.

Don’t Wait Until It’s Too Late, Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, nurses, and other healthcare providers and institutions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or toll-free (888) 331-6620.

Sources:

Alder, Steve. “OCR Fines California Dental Practice for PHI Disclosures on Yelp.” HIPAA Journal. (December 14, 2022). Web.

McKeon, Jill. “OCR Settles Potential HIPAA Violation After Dental Practice Discloses PHI on Yelp.” Health Care It News. (December 14, 2022).

Health News Weekly. “California Dental Practice Pays $23,000 to Resolve Potential HIPAA Violations Involving Social Media Posts.” AHLA. (December 16, 2022). 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. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.

By |2023-09-11T13:51:02-04:00September 11, 2023|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

Medicare Revocation and the Collateral Damage It Can Cause Health Care Providers

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many healthcare professionals are unaware of the adverse long-term collateral effects of Medicare revocation or exclusion on their careers and future employment. However, if you are a physician, dentist, nurse, mental health counselor, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist, or other licensed health professional whose license is revoked or suspended, there may still be hope.
Lasting Consequences of Medicare Revocation. 
A revocation or exclusion from Medicare is often a severe consequence of license discipline on a professional license and can devastate a provider’s career. The Centers for Medicare & Medicaid Services (CMS) can revoke a healthcare provider’s agreement to participate in Medicare. When this occurs, their Medicare billing privileges are terminated.  Their legal authority to write prescriptions, referrals or orders for tests paid by Medicare also vanishes.
Additionally, the exclusion can last for many years. This can be a career-ending move for many healthcare providers especially physicians, as Medicare revocation is reported to the National Practitioner Databank (NPDB). In addition, it can potentially affect their opportunities to work in hospitals with other Medicare providers, or on health insurance panels.
For this reason, healthcare providers need to retain a health law attorney with experience in licensing issues who can help them navigate the complex legal system Medicare presents. A skilled attorney can review the facts of the case, develop a strategy for defending the provider’s license, recommend actions to avoid or mitigate the damages, and represent them in administrative hearings or proceedings in court. In some cases, an effective legal strategy may minimize the impact of discipline or even prevent Medicare revocation or exclusion. However, the best way to protect against license discipline and its consequences is to ensure that you are in compliance with Medicare standards, regulations and procedures.

To learn more, read one of my prior blogs here.

Contact Experienced Health Law Attorneys in Healthcare Licensing Issues.

If you have had a license suspended or revoked, or you are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist in defending you.  Remember, your license is your livelihood. It is not recommended that you should not attempt to pursue these matters without the assistance of an experienced health care attorney. The Health Law Firm routinely represents physicians, dentists, nurses, medical groups, clinics, and other healthcare providers in Medicare issues and in defense of actions in personal and facility licensing actions.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hollender, Allison and Wortley, Mackenzie. “Collateral Consequences of Medicare Revocations.” AHLA. (March 9, 2021). Web.

Simas, Steven. “Collateral Consequence of Healthcare License Discipline – Medicare Exclusion.” SIMAS & Associates. (October 3, 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm.  The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.
By |2023-06-19T11:04:15-04:00July 26, 2023|Categories: Pharmacy Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

Medicare Revocation and the Collateral Damage It Can Cause Health Care Providers

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many healthcare professionals are unaware of the adverse long-term collateral effects of Medicare revocation or exclusion on their careers and future employment. However, if you are a physician, dentist, nurse, mental health counselor, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist, or other licensed health professional whose license is revoked or suspended, there may still be hope.
Lasting Consequences of Medicare Revocation. 

A revocation or exclusion from Medicare is often a severe consequence of license discipline on a professional license and can devastate a provider’s career. The Centers for Medicare & Medicaid Services (CMS) can revoke a healthcare provider’s agreement to participate in Medicare. When this occurs, their Medicare billing privileges are terminated.  Their legal authority to write prescriptions, referrals or orders for tests paid by Medicare also vanishes.
Additionally, the exclusion can last for many years. This can be a career-ending move for many healthcare providers especially physicians, as Medicare revocation is reported to the National Practitioner Databank (NPDB). In addition, it can potentially affect their opportunities to work in hospitals with other Medicare providers, or on health insurance panels.
For this reason, healthcare providers need to retain a health law attorney with experience in licensing issues who can help them navigate the complex legal system Medicare presents. A skilled attorney can review the facts of the case, develop a strategy for defending the provider’s license, recommend actions to avoid or mitigate the damages, and represent them in administrative hearings or proceedings in court. In some cases, an effective legal strategy may minimize the impact of discipline or even prevent Medicare revocation or exclusion. However, the best way to protect against license discipline and its consequences is to ensure that you are in compliance with Medicare standards, regulations and procedures.

To learn more, read one of my prior blogs here.

Contact Experienced Health Law Attorneys in Healthcare Licensing Issues.

If you have had a license suspended or revoked, or you are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist in defending you.  Remember, your license is your livelihood. It is not recommended that you should not attempt to pursue these matters without the assistance of an experienced health care attorney. The Health Law Firm routinely represents physicians, dentists, nurses, medical groups, clinics, and other healthcare providers in Medicare issues and in defense of actions in personal and facility licensing actions.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hollender, Allison and Wortley, Mackenzie. “Collateral Consequences of Medicare Revocations.” AHLA. (March 9, 2021). Web.

Simas, Steven. “Collateral Consequence of Healthcare License Discipline – Medicare Exclusion.” SIMAS & Associates. (October 3, 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm.  The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.
By |2023-06-19T10:54:01-04:00June 27, 2023|Categories: Mental Health Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

Medicare Revocation and the Collateral Damage It Can Cause Health Care Providers

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many healthcare professionals are unaware of the adverse long-term collateral effects of Medicare revocation or exclusion on their careers and future employment. However, if you are a physician, dentist, nurse, mental health counselor, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist, or other licensed health professional whose license is revoked or suspended, there may still be hope.


Lasting Consequences of Medicare Revocation. 

A revocation or exclusion from Medicare is often a severe consequence of license discipline on a professional license and can devastate a provider’s career. The Centers for Medicare & Medicaid Services (CMS) can revoke a healthcare provider’s agreement to participate in Medicare. When this occurs, their Medicare billing privileges are terminated.  Their legal authority to write prescriptions, referrals or orders for tests paid by Medicare also vanishes.
Additionally, the exclusion can last for many years. This can be a career-ending move for many healthcare providers especially physicians, as Medicare revocation is reported to the National Practitioner Databank (NPDB). In addition, it can potentially affect their opportunities to work in hospitals with other Medicare providers, or on health insurance panels.
For this reason, healthcare providers need to retain a health law attorney with experience in licensing issues who can help them navigate the complex legal system Medicare presents. A skilled attorney can review the facts of the case, develop a strategy for defending the provider’s license, recommend actions to avoid or mitigate the damages, and represent them in administrative hearings or proceedings in court. In some cases, an effective legal strategy may minimize the impact of discipline or even prevent Medicare revocation or exclusion. However, the best way to protect against license discipline and its consequences is to ensure that you are in compliance with Medicare standards, regulations and procedures.
To learn more, read one of my prior blogs here.

Contact Experienced Health Law Attorneys in Healthcare Licensing Issues.

If you have had a license suspended or revoked, or you are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist in defending you.  Remember, your license is your livelihood. It is not recommended that you should not attempt to pursue these matters without the assistance of an experienced health care attorney. The Health Law Firm routinely represents physicians, dentists, nurses, medical groups, clinics, and other healthcare providers in Medicare issues and in defense of actions in personal and facility licensing actions.
To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hollender, Allison and Wortley, Mackenzie. “Collateral Consequences of Medicare Revocations.” AHLA. (March 9, 2021). Web.
Simas, Steven. “Collateral Consequence of Healthcare License Discipline – Medicare Exclusion.” SIMAS & Associates. (October 3, 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm.  The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.
By |2023-05-17T14:08:53-04:00June 9, 2023|Categories: Nursing Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

Medicare Revocation and the Collateral Damage It Can Cause Health Care Providers

Author HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many healthcare professionals are unaware of the adverse long-term collateral effects of Medicare revocation or exclusion on their careers and future employment. However, if you are a physician, dentist, nurse, mental health counselor, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist, or other licensed health professional whose license is revoked or suspended, there may still be hope.

Lasting Consequences of Medicare Revocation. 
A revocation or exclusion from Medicare is often a severe consequence of license discipline on a professional license and can devastate a provider’s career. The Centers for Medicare & Medicaid Services (CMS) can revoke a healthcare provider’s agreement to participate in Medicare. When this occurs, their Medicare billing privileges are terminated.  Their legal authority to write prescriptions, referrals, or orders for tests paid by Medicare also vanishes.
Additionally, the exclusion can last for many years. This can be a career-ending move for many healthcare providers, especially physicians, as Medicare revocation is reported to the National Practitioner Databank (NPDB). In addition, it can potentially affect their opportunities to work in hospitals with other Medicare providers or on health insurance panels.
For this reason, healthcare providers need to retain a health law attorney with experience in licensing issues who can help them navigate the complex legal system Medicare presents. A skilled attorney can review the facts of the case, develop a strategy for defending the provider’s license, recommend actions to avoid or mitigate the damages and represent them in administrative hearings or proceedings in court. In some cases, an effective legal strategy may minimize the impact of discipline or even prevent Medicare revocation or exclusion. However, the best way to protect against license discipline and its consequences is to ensure that you are in compliance with Medicare standards, regulations, and procedures.
To learn more, read one of my prior blogs here.

Contact Experienced Health Law Attorneys in Healthcare Licensing Issues.

If you have had a license suspended or revoked, or you are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist in defending you.  Remember, your license is your livelihood. It is not recommended that you should not attempt to pursue these matters without the assistance of an experienced health care attorney. The Health Law Firm routinely represents physicians, dentists, nurses, medical groups, clinics, and other healthcare providers in Medicare issues and in defense of actions in personal and facility licensing actions.
To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Hollender, Allison and Wortley, Mackenzie. “Collateral Consequences of Medicare Revocations.” AHLA. (March 9, 2021). Web.
Simas, Steven. “Collateral Consequence of Healthcare License Discipline – Medicare Exclusion.” SIMAS & Associates. (October 3, 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm.  The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.
By |2023-05-17T11:25:42-04:00May 17, 2023|Categories: Dental Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

California Dental Practice Pays $23,000 Settlement For Potential HIPAA Privacy Violations Involving Yelp Posts

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

On December 14, 2022, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settled with New Vision Dental (NVD) over a potential HIPAA Privacy violation. The California-based dental practice paid $23,000 to OCR and agreed to implement a corrective action plan after allegedly including protected health information (PHI) in its responses to reviews on Yelp.

The Complaint and Investigation.

On November 29, 2017, the Office for Civil Rights (OCR) received a complaint alleging New Vision Dental had posted responses to several unfavorable reviews by patients on Yelp and frequently disclosed confidential protected health information (PHI) in its responses. For example, in some posts, patients were allegedly identified, and NVD revealed their full names when the patient may have only chosen to use a made-up name on the platform. Other information allegedly posted included detailed information about the patient’s visits, treatment, and health insurance, when that information had not been posted publicly by the patient.

The federal agency’s investigation found potential violations of the HIPAA Privacy Rule, including impermissible uses and disclosures of PHI and failures to provide adequate Notice of Privacy Practices and implement Privacy policies and procedures. “This latest enforcement action demonstrates the importance of following the law even when you are using social media. Providers cannot disclose protected health information of their patients when responding to negative online reviews. This is a clear ‘NO,’” said OCR Director Melanie Fontes Rainer in a statement.

To read more, click here for the press release from the HHS.

In addition to the settlement, NVD agreed to implement a corrective action plan (CAP) that will be monitored for two years by OCR. As part of its CAP, the dental practice agreed to develop, revise, and maintain written policies and procedures to comply with federal privacy and security standards. All workforce members will also receive training on those policies and procedures, and NVD is required to remove all social media postings that include PHI.

The resolution agreement and CAP can be viewed here.

Guidelines for Appropriate use of Social Media and Social Networking.

Healthcare professionals are discouraged from interacting with current or past patients on personal social networking sites and should never, under any circumstances, reveal personal information about the patient or the patient’s treatment or care. Online interaction with patients should only occur when discussing the patient’s medical treatment within the physician-patient relationship and with written, signed consent by the patient to use e-mail or other online services for such messaging. These interactions should never occur on personal social networking or social media websites.

Patient privacy must be protected at all times, especially on social media and social networking websites. Breaches in patient confidentiality could harm the patient and violate federal privacy laws such as the Health Insurance Portability and Accountability Act of 1996 and applicable state privacy laws.

Failure to Comply With HIPAA Can Result in Both Civil and Criminal Penalties.

This penalty was the 21st financial penalty to be imposed by OCR in 2022 to resolve HIPAA violations, more than in any other year since it was given the authority to enforce HIPAA compliance. With the increased popularity and availability of social media platforms also comes an increase in potential privacy violations. To read a previous blog I wrote on this, click here.

If Notified of a HIPAA Investigation or Audit, Consult an Experience Health Law Attorney Immediately.

If you receive notice that you have a HIPAA Privacy Complaint, are suspected of a HIPAA breach, or are subject to a HIPAA audit, consult with an experienced health care attorney immediately. There are many technicalities to these laws and regulations, and what may initially seem like a violation may be proven to be nothing. Many defenses can be raised, and often a complaint may be dismissed by the OCR once the correct facts are shown to it by your attorney.

Don’t Wait Until It’s Too Late, Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, nurses, and other healthcare providers and institutions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or toll-free (888) 331-6620.

Sources:

Alder, Steve. “OCR Fines California Dental Practice for PHI Disclosures on Yelp.” HIPAA Journal. (December 14, 2022). Web.

McKeon, Jill. “OCR Settles Potential HIPAA Violation After Dental Practice Discloses PHI on Yelp.” Health Care It News. (December 14, 2022).

Health News Weekly. “California Dental Practice Pays $23,000 to Resolve Potential HIPAA Violations Involving Social Media Posts.” AHLA. (December 16, 2022). 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. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.

By |2023-01-17T11:36:47-05:00January 17, 2023|Categories: Dental Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

Florida Primary Care Practice Settles HIPAA Investigation for $20,000

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

On December 15, 2022, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced that Health Specialists of Central Florida, Inc., will pay $20,000 to resolve alleged violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule’s right of access standard.

The primary care provider also agreed to a corrective action plan (CAP) with two years of monitoring.

It is extremely important that Florida physicians and health professionals remember that there is a federal law requirement under HIPAA that requires the timely furnishing of a health record requested by a patient. You must be sure to meet the deadline, but, more importantly, document that you have met it. Use cover letters, obtain receipts when possible, and document the date you provided the record in the record.

Click here to view the press release issued by the OCR.

Right of Access Standard.

OCR first launched an investigation into Health Specialists of Central Florida after the daughter of a deceased patient filed a complaint in November 2019. The complainant made a written access request for her father’s medical records but did not receive them for nearly five months, and only after multiple requests.

The HIPAA right of access standard requires covered entities to respond to requests for records within 30 days of receipt or 60 days if it obtains an extension of time. OCR’s guidance on the right of access is available here.

The Settlement.

In addition to the monetary settlement, Health Specialists of Central Florida will undertake a corrective action plan (CAP) that includes two years of monitoring. The CAP requires the practice to develop, maintain, and revise its written privacy procedures and policies, distribute them to the workforce, and review and update its right of access to PHI policy.

This case marks the 42nd case resolved under OCR’s HIPAA Right of Access Initiative. To view the settlement agreement and CAP, click here.

 

Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, dental practices, medical groups, nursing homes, home health agencies, pharmacies, hospitals, and other healthcare providers and institutions in investigating and defending against HIPAA investigations and complaints and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or toll-free (888) 331-6620.

Sources:

Health Law Weekly. “Florida Primary Care Provider to Pay $20,000 to Resolve Right of Access Probe.” AHLA. (December 16, 2022). Web.

Giles, Bruce. “Florida primary care practice fined HHS $20K for not giving timely access to patient data.” Becker’s Hospital Review. (December 16, 2022). Web.

McKeon, Jill. “OCR Resolves HIPAA Right of Access Case With FL Primary Care Practice.” Health IT Security. (December 16, 2022). 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. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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 © 2022 The Health Law Firm. All rights reserved.

 

 

By |2022-12-28T11:39:15-05:00December 28, 2022|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments
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