mental health counselor and social worker defense attorney

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|

Mental Health Counselors & Social Workers: If You’re Applying for Your Professional License, Read This First!

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

The process of obtaining a mental health counselor or social worker professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Examples That Would Delay Your Mental Healthcare License Application:

• Disciplinary or academic actions during postgraduate […]

By The Health Law Firm|2024-03-14T09:59:14-04:00January 9, 2024|Mental Health Law Blog|

Florida Governor Signs New Controlled Substance Telemedicine Prescribing Law

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

On April 6, 2022, Florida’s Governor signed into law legislation to remove the state’s prior restrictions on telemedicine prescribing of controlled substances. The new law in Florida allows healthcare providers to prescribe many controlled substances via telemedicine.

Florida Senate Bill (SB) 312, signed into law, eliminates the prior ban that had existed prohibiting the prescription of Schedule II controlled drugs (with certain exceptions). Schedule II drugs can now be prescribed in Florida via telemedicine if the clinical situation meets one of four exceptions.

A Big Win For Patients Whose Treatment […]

By The Health Law Firm|2024-03-14T09:59:25-04:00July 20, 2023|Nursing Law Blog|

Attorneys Involved In Multi-Million Dollar UnitedHealth Case Want $3.35 Million Fee Award

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

In October 2021, attorneys who had acted as the class counsel in litigation suing UnitedHealth Group over mental health reimbursement policies asked a New York federal court to approve a $3.35 million fee award. If approved, it would be an award of attorney’s fees in addition to the $10 million the insurer agreed to pay to settle their case.

According to the memorandum of law filed with the court, the mental health advocacy law firm argued that the results which they […]

By The Health Law Firm|2024-03-14T09:59:26-04:00June 30, 2023|Health Facilities Law Blog|

Attorneys Who Negotiated Multi-Million Dollar UnitedHealth Settlement Ask Court For $3.35 Million Fee Award

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

In October 2021, attorneys who had acted as the class counsel in litigation suing UnitedHealth Group over mental health reimbursement policies asked a New York federal court to approve a $3.35 million fee award. If approved, it would be an award of attorney’s fees in addition to the $10 million the insurer agreed to pay to settle their case.

According to the memorandum of law filed with the court, the mental health advocacy law firm argued that the results which […]

By The Health Law Firm|2024-03-14T09:59:28-04:00June 16, 2023|Mental Health Law Blog|

Massachusetts Mental Health Centers Submitted False Claims According to Suit

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

On January 5, 2018, the state of Massachusetts lodged a False Claims Act (FCA) suit in federal court against the operators of a number of mental health centers. In the suit, it is alleged that they improperly billed the state Medicaid program for services provided by unlicensed, unqualified and unsupervised employees.

The complaint seeks to recover MassHealth’s payments to South Bay Mental Health Center Inc. and its subsequent owners for claims they knew were false. Allegedly, they billed for services provided by unlicensed social workers who weren’t properly supervised even though it violated […]

By The Health Law Firm|2024-03-14T10:01:27-04:00May 15, 2018|Mental Health Law Blog|

Massachusetts Mental Health Centers Submitted False Claims According to Suit

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

On January 5, 2018, the state of Massachusetts lodged a False Claims Act (FCA) suit in federal court against the operators of a number of mental health centers. In the suit, it is alleged that they improperly billed the state Medicaid program for services provided by unlicensed, unqualified and unsupervised employees.

The complaint seeks to recover MassHealth’s payments to South Bay Mental Health Center Inc. and its subsequent owners for claims they knew were false. Allegedly, they billed for services provided by unlicensed social workers who weren’t properly supervised even though it violated statutory and regulatory requirements.

The […]

By The Health Law Firm|2024-03-14T10:01:31-04:00May 15, 2018|Health Facilities Law Blog|

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

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