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From the archives: From the archives: NY Court Says Doctor Can Subpoena Yelp for User Info in Defamation Suit

Previously published on April 15, 2023
Previously published on January 19, 2022
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a […]

By The Health Law Firm|2024-07-07T20:00:16-04:00July 9, 2024|Nursing Law Blog|

Finding a Lawyer Who Takes CPH & Associates Insurance

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

Our firm often gets calls from nurses and other health professionals who retain us to represent them in complaints against their licenses or in professional licensing complaints and investigations. This includes investigation letters from the Florida Department of Health (DOH), D.C. Health or Louisiana State Board. It also includes notices of hearing, administrative complaints, proposed Consent Orders, emergency restriction orders (EROs), and emergency suspension orders (ESOs). In many cases they had good insurance coverage with CPH & Associates (CPH&A) Insurance, but could not find an attorneys that accepted it or forgot that they had coverage.

Often adverse […]

By The Health Law Firm|2024-07-05T20:00:04-04:00July 7, 2024|Nursing Law Blog|

NY Court Says Doctor Can Subpoena Yelp for User Info in Defamation Suit

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

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by […]

By The Health Law Firm|2024-06-23T20:00:12-04:00June 25, 2024|Health Facilities Law Blog|

NY Court Rules Doctor Can Subpoena Yelp for User Info in Defamation Suit

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

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by […]

By The Health Law Firm|2024-06-04T20:00:13-04:00June 6, 2024|Dental Law Blog|

Court Rules New York Doctor Can Subpoena Yelp for User Info in Defamation Suit

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

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by […]

By The Health Law Firm|2024-05-13T20:00:05-04:00May 15, 2024|Mental Health Law Blog|

Florida Man Pleads Guilty To $36.2 Million Telehealth Medicare Fraud Scheme

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

On March 20th, 2024, the U.S. Attorney’s Office, in the Middle District of Florida, announced that a Florida man pled guilty to conspiring to commit health care fraud in a $36.2 million telemedicine fraud scheme. As part of the scheme, the Fort Lauderdale-based pharmacy owner paid kickbacks and bribes to telemarketers and telemedicine providers for medically unnecessary prescriptions that were billed to Medicare.

Kickbacks & Bribes to Telemarketing Companies.

According to the plea agreement, the Fort Lauderdale-based, Florida man and his co-conspirators owned and operated pharmacies participating in the Medicare program. From September 2018 through November 2021, they […]

By The Health Law Firm|2024-04-08T13:53:56-04:00May 8, 2024|Nursing Law Blog|

Florida Man Pleads Guilty To $36.2 Million Telehealth Medicare Fraud Scheme

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

On March 20th, 2024, the U.S. Attorney’s Office, in the Middle District of Florida, announced that a Florida man pled guilty to conspiring to commit health care fraud in a $36.2 million telemedicine fraud scheme. As part of the scheme, the Fort Lauderdale-based pharmacy owner paid kickbacks and bribes to telemarketers and telemedicine providers for medically unnecessary prescriptions that were billed to Medicare.

Kickbacks & Bribes to Telemarketing Companies.

According to the plea agreement, the Fort Lauderdale-based, Florida man and his co-conspirators owned and operated pharmacies participating in the Medicare program. […]

By The Health Law Firm|2024-04-08T13:46:37-04:00April 29, 2024|Health Facilities Law Blog, Pharmacy Law Blog|

Florida Man Pleads Guilty To $36.2 Million Telehealth Medicare Fraud Scheme

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

On March 20th, 2024, the U.S. Attorney’s Office, in the Middle District of Florida, announced that a Florida man pled guilty to conspiring to commit health care fraud in a $36.2 million telemedicine fraud scheme. As part of the scheme, the Fort Lauderdale-based pharmacy owner paid kickbacks and bribes to telemarketers and telemedicine providers for medically unnecessary prescriptions that were billed to Medicare.

Kickbacks & Bribes to Telemarketing Companies.

According to the plea agreement, the Fort Lauderdale-based, Florida man and his co-conspirators owned and operated pharmacies participating in the Medicare program. From September 2018 through November 2021, they […]

By The Health Law Firm|2024-04-08T13:33:43-04:00April 8, 2024|The Health Law Firm Blog|

Florida Telehealth Laws for Mental Health Counselors, Social Workers and Marriage and Family Therapists

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

The Florida Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling has published the following guidance regarding the provision of telehealth services.

As of October 11, 2021, it is still effective and is provided verbatim as follows:
(See more at: https://floridasmentalhealthprofessions.gov/latest-news/telehealth/)

During the 2019 legislative session, Florida passed section 456.47 Florida Statutes, which establishes standards of practice for telehealth services, including patient evaluations, and record-keeping. The law also authorizes out-of-state health care practitioners to perform telehealth services for patients in Florida. Signed by the Governor on June 25, 2019, this law became effective on […]

By The Health Law Firm|2024-03-30T20:00:05-04:00April 1, 2024|Mental Health Law Blog|

Many Adverse NPDB Actions Are Reported That Should Not Be; Here Are Examples

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

We are constantly being contacted by physicians, nurse practitioners and other licensed health professionals seeking to appeal adverse National Practitioner Data Bank (NPDB) reports. Often, we find that an adverse report has been made when the matter should not have been. Federal regulations and NPDB guidelines establish the types of incidents that are authorized to be reported to the NPDB. When an employer or other organization makes an improper report, it should be challenged and removed.

Types of Matters That Are Not Authorized for […]

By The Health Law Firm|2024-03-14T09:59:09-04:00April 1, 2024|Dental Law Blog, Health Facilities Law Blog, Nursing Law Blog|