health law | The Health Law Firm Blog

Orlando Health Law Attorneys to Speak at Florida Hospital

Attorneys from The Health Law Firm will be presenting a seminar on contracts to Florida Hospital’s family medicine residents and medical students on Wednesday, December 7, 2011 at Florida Hospital East Orlando. The lecture aims to provide information on contract negotiations and employee contract review.

This seminar is part of a series that will be presented to Florida Hospital’s family medicine department by The Health Law Firm‘s attorneys. Other lecture topics will include top legal concerns common to doctors, such as navigating a Department of Health complaint.

Based in Altamonte Springs, Fla., The Health Law Firm concentrates in representing health care providers, exclusively. Services provided by the firm include reviewing and negotiating contracts, defense of professional licensing cases, representation in investigations, defense in credentialing matters, Medicare and Medicaid audits, formation of corporations and limited liability companies (LLCs), Board of Medicine hearings, peer review actions, Department of Health investigations, pain […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: Our Firm, The Health Law Firm Blog|Tags: florida hospital, health law, physician contracts, seminar, the health law firm|Comments Off

Supreme Court Rules that Government Regulators Can Sue Over Pay-for-Delay Agreements Between Brand and Generic Drug Manufacturers

George F. Indest III, Board Certified by The Florida Bar in Health Law

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

The U.S. Supreme Court ruled on June 17, 2013, that pay-for-delay agreements between brand name and generic drug manufacturers are subject to anti-trust scrutiny. These pay-for-delay agreements, or reverse payments, are usually a form of settlement between the two manufacturers in patent litigation. The Supreme Court decided that each instance must be considered on a case-by-case basis. This verdict rewrites the rules governing the release of generic drugs. It is likely to increase the number of generic drugs in the marketplace and reduce the price of generic drugs.

To read a previous blog on pay-for-delay agreements, click here.

What is a […]

By The Health Law Firm|2024-03-14T10:00:49-04:00June 1, 2018|Categories: Appeal, Health Care Industry, In the Know, In the News, Pharmaceutical Drugs, Pharmacy, The Health Law Firm Blog|Tags: AARP, American Medical Association, brand name drugs, brand name prescriptions, brand-name drug manufacturers, defense attorney, defense lawyer, Federal Trade Commission (FTC), florida attorney, Florida lawyer, Food and Drug Administration (FDA), generic drug manufacturers, generic drugs, generic medications, generic prescriptions, health law, medicaid, medicare, Pay-for-Delay Drug Agreement, pay-for-delay practices, pharmaceutical industry, pharmacist, pharmacy, pharmacy law, prescription, supreme court, the health law firm|Comments Off

Appeals Court Upholds Medical Malpractice Law Changes

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

On July 21, a state appeals court in Tallahassee upheld the constitutionality of a controversial change in Florida’s medical malpractice law. It ruled that some privacy rights are waived when patients pursue medical malpractice lawsuits. A federal appeals court last year also upheld the change in Florida’s law.

The decision by a three-judge panel of the First District Court of Appeal resulted from a 2013 change in the medical malpractice law. The Republican-controlled Florida Legislature passed the amendments to the laws after a lobbying dispute between groups like doctors and plaintiffs’ attorneys.

Ex Parte Communications Play a Major Role.

The disputes in whether the changes were constitutionally valid centered around what is known as “ex parte communications.” The amended statute allowed doctors being sued for malpractice […]

By The Health Law Firm|2024-03-14T10:01:01-04:00June 1, 2018|Categories: In the News, The Health Law Firm Blog|Tags: appeals court, Florida defense attorney, Florida defense lawyer, Health Insurance Portability and Accountability Act, health law, health law attorney, health law lawyer, hipaa, medical malpractice, medical malpractice defense attorney, medical malpractice defense lawyer, privacy rights, privacy rights violation, the health law firm|Comments Off

Patient-supplied Respiratory Equipment in the Hospital

By Michael L. Smith, JD, RRT

Hospitals and respiratory therapists regularly receive requests from patients asking to use their own respiratory therapy equipment in the hospital. Chronic pulmonary patients are generally reluctant to change their treatment regimen and may request they be permitted to continue using their home ventilators or positive airway pressure units in the hospital. Generally, hospitals should not allow patients to use their own medical equipment.

Patient-supplied medical equipment poses numerous risks for hospitals and their RTs. Patient supplied equipment may be a different model than what the hospital’s RTs and other staff routinely use, which can contribute to errors in the equipment and alarm settings. The hospital may not have compatible parts to ensure that the patient-supplied equipment remains functional during the patient’s hospital stay.

Another risk for the […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Categories: In the Know, The Health Law Firm Blog|Tags: attorney, florida, health care, health law, hospital, patient supplied equipment, respiratory therapist|Comments Off

“Cert Audits” Newest in Medicare Audit Contractor Alphabet?

One of the newest acronyms that our law firm has encountered in the Medicare Program’s audit process is the Medicare Comprehensive Error Rate Testing program audit or CERT audit. It could be that we just haven’t had clients who had problems with this in the past, as we have seen plenty of Zone Program Integrity Contractor (ZPIC) audits, Medicare Administrative Contractor (MAC) audits and actions, Medicaid Fraud Control Unit (MFCU) audits, etc. However, we did have a client recently who was being audited by a CERT contractor and we assisted in resolving document discrepancies.

The Centers for Medicare & Medicaid Services (CMS) created the Comprehensive Error Rate Testing (CERT) program to measure the paid claims error rate for Medicare claims submitted to Medicare administrative contractors, carriers, durable medical equipment regional carriers, and fiscal intermediaries (now Medicare Administrative Contractors or MACs) . CMS receives in excess of two billion claims annually. The […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Categories: Medicare, The Health Law Firm Blog|Tags: cert audits, fraud control unit, health attorney, health law, medicare, Medicare Comprehensive Error Rate Testing program audit|Comments Off

Top Medicare Prescribers Collect Speaking Fees from Drug Makers-Coincidence?

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

A recent investigation by ProPublica found that certain doctors who prescribed certain drug brands the most, also have financial ties to the companies that manufacture those prescription drugs. Using Medicare payment data, ProPublica and National Public Radio (NPR) researched physicians who prescribed the most heavily promoted drugs of 2010 and 2011. It was discovered that many of the doctors allegedly had financial relationships with prescription drug manufacturers. ProPublica states that they initiated this investigation out of fear that pharmaceutical payments are influencing doctors to prescribe an expensive, brand name drug over a cheaper, generic version.

To read the ProPublica analysis released June 25, 2013, click here.

According to ProPublica, the company is an […]

By The Health Law Firm|2024-03-14T10:00:50-04:00June 1, 2018|Categories: Affordable Care Act, Health Care Industry, Medicare, Pharmaceutical Drugs, The Health Law Firm Blog, Whistleblower|Tags: anti-kickback statute, brand name drugs, defense attorney, defense lawyer, Department of Justice (DOJ), doctor, doctor kickbacks, drug companies, drug makers, drug representatives, Florida health care attorney, Florida health care lawyer, generic drugs, health law, health professionals, kickbacks, medicare, Medicare prescriber, physician, physician attorney, physician lawyer, physician prescribing records, the health law firm|Comments Off

Orlando Health Attorney Appointed to Health Law Certification Committee

On April 9, 2012, Gwynne A. Young, President-Elect of The Florida Bar, announced that George F. Indest III, President and Managing Partner of The Health Law Firm, has been appointed to serve on The Florida Bar’s Health Law Certification Committee. Mr. Indest will begin his three year term on July 1, 2012.

The Florida Bar’s Health Law Certification Committee is responsible for overseeing the board certification process for all health law attorneys. Appointments to this standing committee are made by The Florida Bar’s President-Elect. There are only 116 attorneys certified by The Florida Bar in the legal specialty of health law.

Mr. Indest is a well-known attorney specializing in the representation of health professionals and health care providers throughout Florida. He is Board Certified by The Florida Bar in Health Law. His practice encompasses all aspects of health law, including defense of professional licensing cases, representation in investigations, defense […]

By The Health Law Firm|2024-03-14T10:00:29-04:00June 1, 2018|Categories: Our Firm, The Health Law Firm Blog|Tags: florida health law, george indest, health law, health law attorneys, the florida bar|Comments Off

Central Florida Pain Management Clinic Falls Victim to Civil Forfeiture

By Christopher E. Brown, J.D., The Health Law Firm

On June 14, 2013, Drug Enforcement Administration (DEA) agents, along with local police and sheriffs’ deputies raided a Longwood, Florida, pain management clinic. In addition to criminal charges, the physicians and employees associated with this clinic face another lesser known threat, the civil forfeiture of their money and property. During the raid agents took everything from the clinic that could help them build a criminal prosecution. This included paper records, computer equipment and prescription drugs. In addition to the Longwood pain management clinic, DEA agents also searched homes in Brevard County, Florida, where associates of the Longwood clinic allegedly live. To read more on the raid, click here.

This is just one example. Recently we’ve noticed that it is becoming more common for government prosecutors and agencies, including the Medicaid Fraud Control Unit […]

By The Health Law Firm|2024-03-14T10:00:50-04:00June 1, 2018|Categories: Civil Forfeiture, In the Know, Pain Management, Pharmaceutical Drugs, The Health Law Firm Blog|Tags: accused of health care fraud, burden of proof in forfeiture cases, Civil forfeiture, Civil Forfeiture Act, civil forfeiture of money, civil forfeiture of property, criminal charges against a health care facility, criminal charges against a health care professional, criminal charges against a health care provider, defense attorney, defense lawyer, Florida Contraband Forfeiture Act, forfeiture, forfeiture action, forfeiture case, forfeiture proceedings, health care facilities, health care fraud, health care professionals, health law, Medicaid Fraud Control Unity (MFCU), pill mills, police, preliminary adversarial hearing, preventing health care fraud, seized personal property probably cause to seizer personal property, seized property, sheriff, the health law firm, U.S. Attorney’s Office|1 Comment

July Issue of Medical Economics Features Article by George F. Indest III

By Cori Pope, The Health Law Firm

The July 25, 2012, issue of Medical Economics features an article written by George F. Indest III, President and Managing Partner of The Health Law Firm. The article, “Beware Legal Ramifications of Unnecessary Tests,” discusses lists that were recently released by nine medical specialty societies on medical tests and procedures patients and physicians should question or avoid.

What Patients and Doctors Need to Know about These Lists.

In the article Mr. Indest provides his insights into what these lists of questionable procedures may mean for patients and doctors.

Patients now have access to some of the same information as their doctors and can ask whether a test or procedure is warranted. This ability allows shared decision-making between patients and physicians and can result in less uncertainty by […]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|Categories: Health Care Industry, In the Know, In the News, The Health Law Firm Blog|Tags: Board Certified, clinical privileges hearings, defense attorney, defense in credentialing matters, defense of professional licensing cases, doctors, florida bar, health law, Health Law expert, malpractice defense, Medical Economics, opinion letters, peer review actions, physicians, representation in investigations, representation of health professionals and healthcare providers|Comments Off

CMS Delays Stage 3 Meaningful Use for Medicare and Medicaid EHR Incentive Programs

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

On December 6, 2013, the Centers for Medicare and Medicaid Services (CMS) announced a revised timeline for the implementation of Stage 3 meaningful use measures for the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs.

According to CMS, Stage 2 will be extended through 2016, and Stage 3 will begin in 2017 for those hospitals, physicians and other eligible providers that have completed at least two years of Stage 2 meaningful use. These changes affect two groups of eligible providers: providers who started Stage 1 in 2011, and who are currently scheduled to start Stage 3 in 2016, and those providers who started Stage 1 in 2012, […]

By The Health Law Firm|2024-03-14T10:00:54-04:00June 1, 2018|Categories: Electronic Health Record, In the Know, The Health Law Firm Blog|Tags: Centers for Medicare and Medicaid Services, certifications, CMS, defense attorney, defense lawyer, EHR, electronic health record incentives, electronic health records, electronic medical record, EMR, health law, health law firm, healthcare, meaningful use, meaningful use deadlines, Meaningful Use Stage 2 incentives, Meaningful Use Stage 3 incentives, meaningful use timeline, medicaid, medicare, MU, Office of the National Coordinator, ONC, the health law firm|Comments Off