11th Circuit Court of Appeals Rejects Florida Eye Doctor’s Request for New Medicare Fraud Trial

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

On July 31, 2020, a panel of U.S. Eleventh Circuit Court of Appeal judges upheld a 17-year prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his 2017 criminal trial.

It upheld the conviction on all 67 counts, deemed the 17-year-sentence to be even-handed, and denied him a new trial.

Details of the Case and Why the Former Ophthalmologist Requested a New Trial.

To understand how the panel reached their decision, it helps to understand […]

By |2024-03-14T09:59:42-04:00April 17, 2021|Nursing Law Blog|

11th Circuit Court of Appeals Rejects Florida Eye Doctor’s Request for New Medicare Fraud Trial

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

On July 31, 2020, a panel of U.S. Eleventh Circuit Court of Appeal judges upheld a 17-year prison sentence for a Florida ophthalmologist found guilty of Medicare fraud. The three-judge panel rejected an appeal in which Salomon Melgen claimed prosecutors mishandled his 2017 criminal trial.

It upheld the conviction on all 67 counts, deemed the 17-year-sentence to be even-handed, and denied him a new trial.

Details of the Case and Why the Former Ophthalmologist Requested a New Trial.

To understand how the panel reached their decision, it helps to understand the details of the scheme […]

By |2024-03-14T09:59:46-04:00March 17, 2021|Medical Education Law Blog|

Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Mental Health Counselors and Social Workers

PS 3 Indest-2009-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Mental Health, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an attorney that would accept it. Often these professionals retain us after action has been taken to appeal or attempt to reverse an adverse disciplinary action taken against their license.

This should not be a difficult task. Our firm and its attorneys have accepted HPSO Insurance for over 25 years.

Our firm has attorneys that are licensed in […]

By |2024-03-14T10:01:52-04:00May 15, 2018|Mental Health Law Blog|

Mental Health Counselors and Social Workers Should Not Have Difficulty in Finding A, Attorney/layer Who Takes Cph & Associates (CPH&A) Insurance to Represent Them in Complaint Investigations

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

We often hear from Mental Health Counselors, Social Workers, Psychologists and Family Therapists who call and retain us to represent them in complaints against their professional licenses in professional licensing complaints. This includes letters from the Department of Health (DOH) advising them that they are being investigated, Administrative Complaints, 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 attorney that would accept it. Often these mental health professionals retain us after adverse disciplinary action has already […]

By |2024-03-14T10:01:52-04:00May 15, 2018|Mental Health Law Blog|

What is the corporate practice of optometry and what does it prohibit?

5 Indest-2008-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The legal doctrine called the “corporate practice of medicine or optometry” actually refers to the legal prohibition that prevents a doctor or an optometrist from working for a corporation (or other business entity) that is owned, operated or controlled by non-physicians or, in the case of optometrists, non-optometrists.

In the context of such laws, the term “non-physician” or “non-optometrist” almost always refers to one who is not licensed in the same state as the practice. Such prohibitions are entirely subject to each state’s laws. Some states have statutes that prohibit the corporate practice of a profession. […]

By |2024-03-14T10:01:20-04:00May 15, 2018|Dental Law Blog|

U.S. District Court in Texas Orders Hospital to Void Report to National Practitioner Data Bank

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

On February 8, 2017, the U.S. District Court for the Eastern District of Texas, issued a Memorandum Opinion and Order directing Memorial Health System of East Texas (Memorial Health) to submit a Void Report to the National Practitioner Data Bank (NPDB). In the case Walker v. Memorial Health System, the court found the initial report, submitted after 30 days of an uncompleted proctoring requirement, to be improperly submitted because the Hospital had not specified that the proctoring take not less than 30 days.

Following a peer review process, Memorial Health ordered Dr. Walker to “have […]

By |2024-03-14T10:01:23-04:00May 15, 2018|Health Facilities Law Blog|

Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Psychologists

PS 3 Indest-2009-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Psychology, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an attorney that would accept it. Often these professionals retain us after action has been taken to appeal or attempt to reverse an adverse disciplinary action taken against their license.

This should not be a difficult task. Our firm and its attorneys have accepted HPSO Insurance for over 25 years.

Our firm has attorneys that are licensed in and […]

By |2024-03-14T10:01:24-04:00May 15, 2018|Mental Health Law Blog|

Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Pharmacists and Pharmacies

PS 3 Indest-2009-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Pharmacy cases, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an attorney that would accept it. Often these professionals retain us after action has been taken to appeal or attempt to reverse an adverse disciplinary action taken against their license.

This should not be a difficult task. Our firm and its attorneys have accepted HPSO Insurance for over 25 years.

Our firm has attorneys that are licensed in […]

By |2024-03-14T10:01:29-04:00May 15, 2018|Pharmacy Law Blog|

Finding an Attorney/Lawyer To Represent Pharmacists and Pharmacies That Take CPH & Associates (CPH&A) Insurance

9 Indest-2008-6By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We often hear from pharmacists and pharmacy owners who call and retain us to represent them. Often these pharmacists and pharmacy owners retain us after adverse disciplinary action has already been taken against their licenses or DEA registrations. They retain us to appeal or attempt to reverse an adverse disciplinary action taken against their license, including revocations.

Whether you have a letter stating you are under investigation or a formal complaint, you should not have difficulty in locating good, experienced legal counsel to represent you. This includes letters from the Department of Health (DOH) advising […]

By |2024-03-14T10:01:29-04:00May 15, 2018|Pharmacy Law Blog|

Finding an Attorney/Lawyer Who Takes Nurses Service Organization (NSO) Insurance to Defend Nursing Board Complaints

5 Indest-2008-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Nursing cases, that they had good insurance coverage with Nurses Service Organization (NSO) Insurance, but could not find an attorney that would accept it. Often these nurses retain us after action has been taken to appeal or attempt to reverse an adverse disciplinary action taken against their nursing license.

This should not be a difficult task. Our firm and its attorneys have accepted NSO Insurance for over 25 years. Additionally, all of our attorneys are members of […]

By |2024-03-14T10:01:34-04:00May 15, 2018|Nursing Law Blog|
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