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 and the accusations. Back in April 2017, a jury in the Southern District of Florida convicted Melgen of carrying out systemic billing fraud at his South Florida medical offices. He stood accused of routinely administering unnecessary, invasive treatments and profiteering off the macular-degeneration drug Lucentis.

Additionally, he was charged with running millions of dollars’ worth of unnecessary diagnostic tests, often using outdated technology that allowed him to bill at higher rates.

According to the opinion, Melgen presented a list of perceived reasons for reversal, including the sufficiency of the evidence and reasonableness of his sentence. He argued that charts comparing his billing rates to his peers were not covered by Federal Rule of Evidence 1006 and, therefore, amounted to inadmissible hearsay in violation of the Confrontation Clause of the U.S. Constitution. To learn more, click here to view his appeal.

Unfortunately for the doctor, the alleged errors in the trial did not persuade the judges.

Other Alleged Errors and How the 11th Circuit Judges Came to Their Decision.

One issue was whether any of the witnesses’ communications with others had tainted their testimony at the trial. In the opinion, the appellate panel stated that Melgen failed to show that the witness interactions affected testimony. The trial court did not abuse its discretion by continuing the trial after the witness intimidation came to light. Lastly, the sentence length the district court imposed was “more than reasonable,” the panel stated.

U.S. Circuit Judge Britt C. Grant, said on behalf of the panel, “The scope of the scheme was easily enough for the jury to conclude that Melgen had engaged in systematic fraud, rather than committing isolated mistakes. We find the evidence sufficient to uphold the jury’s verdict.” You can read the opinion in full here.

Contact Health Law Attorneys Experienced with Investigations of Optometrists and Ophthalmologists.

The attorneys of The Health Law Firm provide legal representation to optometrists, ophthalmologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

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

Sources:

Kapnick, Izzie. “11th Circuit Upholds Doctor’s Massive Fraud Conviction.” Courthouse News. (July 31, 2020). Web.

Jarvis, Sarah. “11th Circ. Won’t Grant Menendez-Linked Doc New Fraud Trial.” Law360. (July 31, 2020). Web.

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

“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 © 2020 The Health Law Firm. All rights reserved.

By |2021-02-17T14:04:29-05:00April 17, 2021|Categories: Nursing Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

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 and the accusations. Back in April 2017, a jury in the Southern District of Florida convicted Melgen of carrying out systemic billing fraud at his South Florida medical offices. He stood accused of routinely administering unnecessary, invasive treatments and profiteering off the macular-degeneration drug Lucentis.

Additionally, he was charged with running millions of dollars’ worth of unnecessary diagnostic tests, often using outdated technology that allowed him to bill at higher rates.

According to the opinion, Melgen presented a list of perceived reasons for reversal, including the sufficiency of the evidence and reasonableness of his sentence. He argued that charts comparing his billing rates to his peers were not covered by Federal Rule of Evidence 1006 and, therefore, amounted to inadmissible hearsay in violation of the Confrontation Clause of the U.S. Constitution. To learn more, click here to view his appeal.

Unfortunately for the doctor, the alleged errors in the trial did not persuade the judges.

Other Alleged Errors and How the 11th Circuit Judges Came to Their Decision.

One issue was whether any of the witnesses’ communications with others had tainted their testimony at the trial. In the opinion, the appellate panel stated that Melgen failed to show that the witness interactions affected testimony. The trial court did not abuse its discretion by continuing the trial after the witness intimidation came to light. Lastly, the sentence length the district court imposed was “more than reasonable,” the panel stated.

U.S. Circuit Judge Britt C. Grant, said on behalf of the panel, “The scope of the scheme was easily enough for the jury to conclude that Melgen had engaged in systematic fraud, rather than committing isolated mistakes. We find the evidence sufficient to uphold the jury’s verdict.” You can read the opinion in full here.

Contact Health Law Attorneys Experienced with Investigations of Optometrists and Ophthalmologists.

The attorneys of The Health Law Firm provide legal representation to optometrists, ophthalmologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

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

Sources:

Kapnick, Izzie. “11th Circuit Upholds Doctor’s Massive Fraud Conviction.” Courthouse News. (July 31, 2020). Web.

Jarvis, Sarah. “11th Circ. Won’t Grant Menendez-Linked Doc New Fraud Trial.” Law360. (July 31, 2020). Web.

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

“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 © 2020 The Health Law Firm. All rights reserved.

 

 

 

By |2021-02-17T14:01:38-05:00March 17, 2021|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |0 Comments

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 been taken. They retain us to appeal or attempt to reverse an adverse disciplinary action taken against their license, including revocations.

Finding legal counsel that accepts your insurance should not be a difficult task. Our firm and its attorneys have accepted CPH&A Insurance for years.

Our firm has attorneys that are licensed in and can defend psychologists, mental health counselors, social workers and other mental health professionals in Florida, Colorado, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their boards and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent an CPH&A insured that CPH&A will pay for include: investigations commenced against a mental health professional’s license, administrative hearings, complaints against a professional license, emergency restriction orders, emergency suspension orders, administrative complaints, appeals from adverse disciplinary actions, a deposition for which you may be subpoenaed, and many others.

Regardless of the state, contact us at:

The Health Law Firm, Main Office
1101 Douglas Ave.
ALtamonte Springs, FL 32714
Phone: (407) 331-6620
Fax: (407) 331-3030
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

One last word, regardless of whether you are covered by CPH&A Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

 

Contact Health Law Attorneys Experienced Investigations of Mental Health Counselors, Psychologists, Social Workers and Family Therapists.

The attorneys of The Health Law Firm provide legal representation to mental health counselors, psychologists, social workers and family therapists in Department of Health (DOH) investigations, FBI investigations and other types of investigations of health professionals and providers.

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

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for mental health professionals, legal representation for psychologists, Department of Health (DOH) investigations and complaints, mental health professional defense attorney, legal counsel for DOH investigations and hearings, health care professional defense attorney, legal representation for medical professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida health law attorney, legal representation for administrative hearings, legal representation for complaints against a professional license, licensure defense attorney, legal representation for a complaint made for violation of HIPAA or patient privacy, CPH & Associates (CPH&A) Insurance, legal representation for cases with CPH & Associates (CPH&A) Insurance, legal representation for mental health professionals in Florida, legal representation for mental health professionals in Colorado, legal representation for mental health professionals in Louisiana, legal representation for mental health professionals in Virginia and legal representation for mental health professionals in the District of Columbia

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

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. Others have case law that has developed over the decades. So it depends on what state you are in whether or not the law prohibits the relationship.

The principle behind having such a prohibition is to prevent a business from controlling a medical or optometry practices. The idea is that decisions involving patient care should be made solely and completely in the best interest of the patient, based on the patient’s actual medical needs, by the physician providing the services. Fears are that business people or corporations might scrimp on supplies and equipment, purchase inferior grade products to use, or order unnecessary tests and procedures to increase income.

Florida has no corporate practice of medicine prohibition for medical doctors (MDs) or osteopathic physicians (DOs). However, it does have prohibitions that apply to optometrists, dentists and chiropractors. The optometry statute, Section 463.014, Florida Statutes, is similar to the ones for dentistry, Section 466.0285, Florida Statutes, and for chiropractors, Section 460.4167, Florida Statutes, perhaps being more similar to the latter. Although the optometry statute does not provide the strict consequences for violation that the latter two statutes above provide, nevertheless, it does prohibit the corporate practice of optometry, except if the corporation or business entity is owned and controlled by other licensed health professionals. The statutes prohibiting the corporate practice of dentistry and chiropractic, both make it a felony to violate the prohibition, a very serious matter.

Section 463.014(1)(a), Florida Statutes, does conclude with “Nothing in this section shall be deemed to prohibit the association of a licensed practitioner [meaning “optometrist”] with a multidisciplinary group of licensed health care professionals, the primary objective of which is the diagnosis and treatment of the human body.” To me, this language specifically authorizes an optometrist to “associate with” (meaning be employed by, contract with, form a partnership with, be a member with, be a shareholder with, etc.) a group or entity composed of other licensed health professionals (e.g., MDs, DOs, ARNPs, etc.). Therefore the optometrist could join with or be employed by any type of “group” of other licensed health professionals, whether that group is a P.A., Inc., LLC, etc.

Under Florida law, unless the licensed health professionals are the same profession (i.e., licensed by the same board) then they cannot form a “professional association” (a misnomer, actually it is a “professional service corporation” or “professional corporation” which the Florida Statutes allow to be shown by the abbreviation “P.A.;” see, Section 621.12(2), Florida Statute) nor a professional limited liability company (PLLC). See Section 621.03(2), Florida Statutes. So, for example, an MD could not legally form a P.A. (meaning a professional association or professional service corporation) with an advanced registered nurse practitioner (ARNP) as a shareholder (different professions). A chiropractor (DC) cannot legally be in a P.A. with a dentist (different professions).
However, I don’t believe there is any prohibition in Florida on licensed health professionals forming a non-professional service corporation (i.e., a “business corporation”) or other types of business entities, with other licensed health professionals. Except, of course, the prohibition that applies to optometrists, chiropractors and dentists, discussed above.

Despite the absence of teeth from the optometry statute, Section 463.014, Florida Statutes, I would never recommend to a client ignoring it. You risk having someone sue to have any contracts or arrangements made that violate it declared void and unenforceable. I have been involved in a number of these cases with medical doctors and with dentists.

Before entering into any business venture in Florida (or any state, for that matter) involving a medical business, dental practice, optometry practice, or chiropractic practice, be sure to consult with a board certified health lawyer or other experienced attorney knowledgeable in health law and corporate law. Be sure to conduct adequate due diligence to know and understand the entire business arrangement. Obtain a written opinion letter to advise you and protect you from the consequences of a poor decision.

Contact Health Law Attorneys Experienced in Representing Optometrists.

The attorneys of The Health Law Firm provide legal representation to optometrists in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, contract matters, business law matters, business litigation and other types of investigations of health professionals and providers.

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

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for optometrists, corporate practice attorney, corporate practice defense attorney, Board of Optometry investigation defense attorney, Optometrist defense attorney, legal counsel for Board of Optometry investigations and hearings, health care professional defense attorney, legal representation for medical professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida health law attorney, legal representation for administrative hearings, legal representation for complaints against a professional license, licensure defense attorney, legal representation for a complaint made for violation of HIPAA or patient privacy, legal representation for Optometrists in Florida, legal representation for Optometrists in Colorado, legal representation for Optometrists in Louisiana, legal representation for Optometrists in Virginia and legal representation for Optometrists in the District of Columbia

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

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 five bowel surgery cases proctored,” specifying no time limit. After a month, when the surgeon hadn’t met the five-case requirement, the hospital filed an adverse report with the NPDB. Dr. Walker filed suit and requested a preliminary injunction mandating that the Data Bank report be voided.

Was the Proctoring Requirement Reportable?

Memorial Health argued that because there is no private right of action under the Health Care Quality Improvement Act (HCQIA), the court was without authority to issue injunctive relief as to the Data Bank report. The court disagreed, finding “the premise that Dr. Walker is asserting a private right of action under HCQIA is not supported by the complaint.” Dr. Walker sought a preliminary injunction requiring the hospital to submit a retraction—a “Void Report”—to the Data Bank, on the grounds that his proctoring requirement wasn’t reportable.

The court ruled that because the duration of the proctoring was not specified, the action was not reportable. The proctoring requirements are reportable only if affirmatively imposed for more than 30 days. There is no such explicit requirement in the statute: section 11133(a)(1)(A) requires a report from an entity which “takes a professional review action that adversely affects the clinical privileges of a physician for a period longer than 30 days.”

Responding to Memorial Health’s argument that the injunction would cause it to violate NPDB rules requiring reporting after 30 days, the court disagreed, stating “It is the province of the federal courts – not the Hospital – to determine the requirements of HCQIA, a federal statute.” The court concluded that while the proctoring requirement was necessary, the Hospital could have easily drafted a sanction against Dr. Walker which required that proctoring “shall not be completed within less than 30 days.”

Although the order for injunctive relief is still pending the outcome of trial, the ruling raises issues of interest to lawyers working with hospitals and physicians about reportable proctoring requirements. To see the Memorandum Opinion and Order in full, click here.

Editor’s Comments.

This is certainly a precedential case of great interest to those of us who represent physicians, Nurse practitioners, dentists and other licensed health professionals who may get reported to the NPDB. Unless this case is appealed and reversed, it gives some hope to the many licensed health practitioners who find themselves wrongfully reported to the NPDB by a health institution. We have found this most frequently to have occurred with military physicians (Army, Navy, Air Force) and with Veterans Administration (VA) physicians who are given little or no due process of law before such reports are made.

For more information on the NPDB and how The Health Law Firm can help you, click here to visit our webpage.

Contact Experienced Health Law Attorneys.

The Health Law Firm attorneys routinely represent physicians, physician assistants (PAs), nurses, nurse practitioners (NPs), dentists and other health professionals in dealing with reports being made to the NPDB, disputing NPDB reports and appealing NPDB reports, hospital clinical privileges hearings, medical staff fair hearings, medical staff peer reviews. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

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

Sources:

Harrison, Robert. “Texas Court Orders Hospital to Void National Practitioner Data Bank Report.” AHLA. (February 8, 2017). Web.

Tabler Jr., Norman. “When 30 Days is not 30 Days.” Faegre Baker Daniels. (February 20, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Hospital clinical privileges hearings, Medical staff fair hearings, Medical staff peer review, National Practitioner Data Bank (NPDB) reports, Medical Staff clinical privileges hearings, Appeal of National Practitioner Data Bank (NPDB) reports, Physician probation, Veterans Administration (VA) National Practitioner Data Bank (NPDB) reports, Military physician National Practitioner Data Bank (NPDB) reports, Army Physician National Practitioner Data Bank (NPDB) reports, Air Force Physician National Practitioner Data Bank (NPDB) reports, Navy Physician National Practitioner Data Bank (NPDB) reports, legal representation for medical professionals, health law defense attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews

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

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 can defend psychologists in Florida, Colorado, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their boards and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent an HPSO insured that HPSO will pay for include: administrative hearings, complaints against a professional license, an investigation of a complaint made against your professional license, a deposition you may be subpoenaed for, a complaint made for violation of HIPAA or patient privacy, and many others.

Regardless of the state, contact us at:

The Health Law Firm, Main Office
1101 Douglas Ave.
ALtamonte Springs, FL 32714
Phone: (407) 331-6620
Fax: (407) 331-3030
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

One last word, regardless of whether you are covered by HPSO Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

Contact Health Law Attorneys Experienced Investigations of Mental Health Counselors, Psychologists, Social Workers and Family Therapists.

The attorneys of The Health Law Firm provide legal representation to mental health counselors, psychologists, social workers and family therapists in Department of Health (DOH) investigations, FBI investigations and other types of investigations of health professionals and providers.

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

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for psychologists,  Board of Psychology investigation defense attorney, psychologist defense attorney, legal counsel for Board of Psychology investigations and hearings, health care professional defense attorney, legal representation for medical professionals, Florida HPSO health law attorneys, legal representation for cases dealing with HPSO insurance, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida health law attorney, legal representation for administrative hearings, legal representation for complaints against a professional license, licensure defense attorney, legal representation for a complaint made for violation of HIPAA or patient privacy, legal representation for Psychologists in Florida, legal representation for Psychologists in Colorado, legal representation for Psychologists in Louisiana, legal representation for Psychologists in Virginia and legal representation for Psychologists in the District of Columbia

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

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 and can defend pharmacies and pharmacists in Florida, Colorado, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their boards and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent an HPSO insured that HPSO will pay for include: administrative hearings, complaints against a professional license, an investigation of a complaint made against your professional license, a deposition you may be subpoenaed for, a complaint made for violation of HIPAA or patient privacy, and many others.

Regardless of the state, contact us at:

The Health Law Firm, Main Office
1101 Douglas Ave.
ALtamonte Springs, FL 32714
Phone: (407) 331-6620
Fax: (407) 331-3030
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

One last word, regardless of whether you are covered by HPSO Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

Contact Health Law Attorneys Experienced in Representing Pharmacists, Pharmacies, and Other Health Care Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes pharmacists, pharmacies, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for pharmacists, legal representation for pharmacies, Board of Pharmacy investigation defense attorney, pharmacy and pharmacist defense attorney, legal counsel for Board of Pharmacy investigations and hearings, health care professional defense attorney, legal representation for medical professionals, Florida HPSO health law attorneys, legal representation for cases dealing with HPSO insurance, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida health law attorney, legal represenation for administrative hearings, legal representation for complaints against a professional license, licensure defense attorney, legal representation for a complaint made for violation of HIPAA or patient privacy

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

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 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. Finding legal counsel that accepts your insurance should not be a difficult task. Our firm and its attorneys have accepted CPH&A Insurance for years.

Our firm has attorneys that are licensed in and can defend pharmacists and pharmacy owners in Florida, Colorado, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their boards and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent an CPH&A insured that CPH&A will pay for include: investigations commenced against a pharmacist’s license or a pharmacy’s license, administrative hearings, complaints against a professional license, emergency restriction orders, emergency suspension orders, administrative complaints, appeals from adverse disciplinary actions, a deposition for which you may be subpoenaed, and many others.

Regardless of the state, contact us at:

The Health Law Firm, Main Office
1101 Douglas Ave.
ALtamonte Springs, FL 32714
Phone: (407) 331-6620
Fax: (407) 331-3030
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

One last word, regardless of whether you are covered by CPH&A Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

Contact Health Law Attorneys Experienced in Representing Pharmacists, Pharmacies, and Other Health Care Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes pharmacists, pharmacies, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

 

KeyWords: Legal representation for pharmacists, legal representation for pharmacies, Board of Pharmacy investigation defense attorney, pharmacy and pharmacist defense attorney, legal counsel for Board of Pharmacy investigations and hearings, health care professional defense attorney, legal representation for medical professionals, CPH & Associates (CPH&A) Insurance health law attorneys, legal representation for cases dealing with CPH & Associates (CPH&A) Insurance, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida health law attorney, legal represenation for administrative hearings, legal representation for complaints against a professional license, licensure defense attorney, legal representation for a complaint made for violation of HIPAA or patient privacy

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

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 The American Association of Nurse Attorneys (TAANA)

Our firm has attorneys that are licensed in and can defend registered nurses, licensed practical nurses, nurse practitioners, and certified registered nurse anesthetists (CRNAs) in Florida, Colorado, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their boards of nursing and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent a NSO insured that NSO will pay for include: administrative hearings, complaints against your nursing license, an investigation of a complaint made against your nursing license, a deposition you may be subpoenaed for, a complaint made for violation of HIPAA or patient privacy, and many others.

Regardless of the state, contact us at:

The Health Law Firm, Main Office
1101 Douglas Ave.
Altamonte Springs, FL 32714
Phone: (407) 331-6620
Fax: (407) 331-3030
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

One last word, regardless of whether you are covered by HPSO Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

Contact Health Law Attorneys Experienced with Nursing Issues Today.

The attorneys of The Health Law Firm provide legal representation to nurses, nurse practitioners, and CRNAs in investigations, contract negotiations, licensing issues and at Board of Nursing hearings. They also advise nurses wrongfully accused of diverting drugs and those wrongfully terminated from employment. Its attorneys represent nurses in DOH investigations, Board of Nursing cases and administrative hearings.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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.

KeyWords: Legal representation for nurses, Board of Nursing investigation defense attorney, Nurse defense attorney, legal counsel for Board of Nursing investigations and hearings, health care professional defense attorney, legal representation for medical professionals, Florida NSO health law attorneys, legal representation for cases dealing with NSO insurance, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida health law attorney, legal representation for administrative hearings, legal representation for complaints against a professional license, licensure defense attorney, legal representation for a complaint made for violation of HIPAA or patient privacy, legal representation for nurses in Florida, legal representation for nurses in Colorado, legal representation for nurses in Louisiana, legal representation for nurses in Virginia and legal representation for nurses in the District of Columbia

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

Finding an Attorney/Lawyer Who Takes CPH & Associates (CPH&A) Insurance To Represent Nurses in Complaint Investigations

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

We often hear from nurses who call and retain us to represent them in complaints against their nursing licenses in professional licensing complaints and investigations. 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 nurses retain us after adverse disciplinary action has already been taken. They retain us to appeal or attempt to reverse an adverse disciplinary action taken against their license, including revocations.

Finding legal counsel that accepts your insurance should not be a difficult task. Our firm and its attorneys have accepted CPH&A Insurance for years.

Our firm has attorneys that are licensed in and can defend nurses in Florida, Colorado, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their boards and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent an CPH&A insured that CPH&A will pay for include: investigations commenced against a nurse’s license, administrative hearings, complaints against a professional license, emergency restriction orders, emergency suspension orders, administrative complaints, appeals from adverse disciplinary actions, a deposition for which you may be subpoenaed, and many others.

Regardless of the state, contact us at:

The Health Law Firm, Main Office
1101 Douglas Ave.
ALtamonte Springs, FL 32714
Phone: (407) 331-6620
Fax: (407) 331-3030
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

One last word, regardless of whether you are covered by CPH&A Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

Contact Health Law Attorneys Experienced with Nursing Issues Today.

The attorneys of The Health Law Firm provide legal representation to nurses, nurse practitioners, and CRNAs in investigations, contract negotiations, licensing issues and at Board of Nursing hearings. They also advise nurses wrongfully accused of diverting drugs and those wrongfully terminated from employment. Its attorneys represent nurses in DOH investigations, Board of Nursing cases and administrative hearings.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

 

KeyWords: Legal representation for nurses, Board of Nursing investigation defense attorney, Nurse defense attorney, legal counsel for Board of Nursing investigations and hearings, health care professional defense attorney, legal representation for medical professionals, CPH & Associates (CPH&A) Insurance health law attorneys, legal representation for cases dealing with CPH & Associates (CPH&A) Insurance, reviews of The Health Law Firm, The Health Law Firm attorney reviews, Florida health law attorney, legal representation for administrative hearings, legal representation for complaints against a professional license, licensure defense attorney, legal representation for a complaint made for violation of HIPAA or patient privacy, legal representation for nurses in Florida, legal representation for nurses in Colorado, legal representation for nurses in Louisiana, legal representation for nurses in Virginia and legal representation for nurses in the District of Columbia

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

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