nursing board defense legal representation

List of Florida Nursing Schools Issuing Phony Diplomas in Operation Nightingale Increases to 19

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

A recent announcement by the Washington State Nursing Care Quality Assurance Commission (NCQAC), now known as the Washington State Board of Nursing, has listed 19 Florida schools that it states are or were involved in the fraudulent scheme investigated by the Federal Bureau of Investigation (FBI) as “Operation Nightingale.”

What Are the Names of the 19 Phony Florida Nursing Schools?

The 19 schools that NCQAC states were involved in taking nursing students’ money and issuing fake transcripts are:

Carleen Health Institute
Carleen Home Health School II
Ideal Professional Institute, Inc.
Jay College of Health LLC
Med-Life Institute – West Palm Beach
Med-Life Institute of South Florida
Med-Life Institute School of Nursing
Palm Beach School of Nursing
Quisqueya Health Care Academy
Quisqueya School of Nursing
Sacred Heart International Institute Inc.
Siena College of Health
Siena College of Health II LLC
Siena Education Center LLC
Sigma College
Sigma Institute of Health Careers
Sunshine Academy
Techni-Pro Institute
The Enfimye Institute

Some of the “newer” names on the list are owned and operated by some of the same fraudsters involved in the original “Gang of Six.” For example, Jay College of Health, LLC, was owned or operated by the notorious Johanah Napolean, who has been indicted and has been forced to forfeit millions of dollars in ill-gotten gains to the federal government. In reality, we believe there are many more than this.

How Many Have Been Caught and Convicted to Date?

For a list of the individuals who have been involved in the scam and who have been convicted through September 28, 2023, click here.

How Many More Phony Florida Nursing Schools Are There? Plenty!

We receive calls several times a week from nursing students who have attended “nursing schools” in Florida who state that heir tuition and fees have been taken and they have completed all courses and activities the school required to obtain a diploma but:

a. The school will not give them their diploma or transcripts or
b. The school is requiring them to pay more and take more courses than promised or
c. The school will not approve them to take the NCLEX examination to get a license or
d. The school and its owners have disappeared, and they can’t get a transcript to transfer.

Why Is All of This Fraud Occurring in Florida?

Why does all of this fraud seem to be occurring in Florida? It probably is not all of the fraud, only most of the fraud. We have also heard about phony nursing schools doing business in other states. But the vast majority of it seems to be in Florida.

Could this be because Florida prides itself in sheltering criminals and con men? Probably.

Is this because Florida regulatory agencies do not bother to monitor and regulate the schools they approve as they are supposed to. Most definitely.

Is this because Florida allows the use of shell companies and corporations to routinely defraud people so that the owners can disappear with their money without any consequences? You know it!

Why do you think the industries of Medicare fraud, Medicaid fraud, and healthcare fraud in general are doing so well here in Florida?

Why doesn’t Florida do something about it? Because we would lose all of that stolen income that helps support the rich and powerful here, that’s why.

Florida’s history of cons, scams, and fraud goes way back to the real estate salespeople selling Florida swamp land to out-of-state yokels who then moved here only to find the property they purchased was underwater, literally. And with Cuba only a boat ride away and many friendly Caribbean and South American countries only a direct plane flight away, suitcases full of cash can be spirited out of the country with little trouble.

Are you the victim of a phony nursing school not on the list?

Are you the victim of a phony nursing school not on the list? Don’t call us; we can’t do anything about these criminals doing this.

Instead, you might consider calling the FBI and the National Council of State Boards of Nursing (NCSBN), which is working hand-in-hand with the FBI and the various state nursing boards on these matters. The NCSBN can get the word out quickly to the states involved. Tell them you have been victimized by another school that should be part of “Operation Nightingale” and want to file a complaint.

The telephone number for the NCSBN is (312) 525-3600 or (888) 435-8242and ask for the Nursing Regulation Division, Nursing Education Section, or send an e-mail to [email protected] or send a written letter explaining the problem to:

National Council of State Boards of Nursing
Attn: Nurisng Regulation Division, Education Section
111 E. Wacker Drive, Suite 2900
Chicago, IL 60601.

The FBI’s main hotline for reporting possible criminal activity is (800) 225-5324, file a complaint or tip at https://tips.fbi.gov/home. Alternatively, and perhaps better, you can contact the Miami FBI Office, which is the one handling the Operation Nightingale investigation:

FBI Miami Dade Field Office
2030 S.W. 145th Avenue
Miramar, FL 33027
miami.fbi.gov
Phone: (754) 703-2000.

To see the Washington State NCQAC press release naming the 19 schools above, click here.

To see the original Department of Justice Press Release on Operation Nightingale, click here.

Click here to read one of our prior blogs on Operation Nightingale to learn even more.

Contact Health Law Attorneys Experienced in Investigations Against Nurses and Nursing Students.

The attorneys of The Health Law Firm provide legal representation to nurses, nursing students, and ARNPs in Department of Health (DOH) investigations, licensure defense representation, investigation representation, Department of Health investigations, DOJ investigations, Board of Nursing investigations, formal and informal administrative hearings, emergency suspension orders, emergency restriction orders and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 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., Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030. View a list of open positions here.

“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 © 2023 The Health Law Firm. All rights reserved.

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus, there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him from a car into the emergency room without first stabilizing and immobilizing him, which caused further damage. When the incident occurred, the nurses on staff were two employees of Appalachian Regional and one supplied by U.S. Nursing Corporation to the hospital.

The court granted a motion that dismissed the Appalachian Regional nurses as defendants because no evidence in the record alleged that they moved the patient. As the trial neared, the court granted another motion prohibiting the parties from introducing evidence that the Appalachian Regional nurses moved the patient from the truck into the emergency room.

This earlier state court lawsuit concluded with Appalachian Regional Healthcare paying $2 million in settlement and incurring $823,522.71 in legal fees.

It is important to note that when U.S. Nursing supplied its nurse to Appalachian Regional, they entered into an agreement that stated U.S. Nursing would indemnify and defend Appalachian Regional for the negligence of any of its employees assigned to Appalachian Regional. The settlement was reached, Appalachian Regional Healthcare demanded that U.S. Nursing indemnify it, but the staffing company refused to do so. In response, Appalachian Regional Healthcare, Inc., sued U.S. Nursing for the $2,823,522.71 state court settlement it paid.

The First Appeal.

In its first appeal, U.S. Nursing argued that the opposing counsel made an inappropriate closing statement when they stated no evidence showed the Appalachian Regional Healthcare nurses moving the patient and that U.S. Nursing had not argued that such evidence existed. U.S. Nursing claimed this statement was inappropriate because it was prohibited from admitting evidence that showed Appalachian Regional Healthcare nurses having moved the patient. The appellate court decided that U.S. Nursing did not have a full and fair opportunity to litigate the issue, so the appellate court remanded to the district court to determine if the error required a new trial.

The nurse staffing company argued that it was incorrectly prohibited from introducing evidence regarding the other nurses on duty and the possibility that they could have been the ones to move the patient. U.S. Nursing also argued that the opposing counsel exploited the court’s error in their closing statements, though the district court never addressed this claim. However, the appellate court asserted that the evidence excluded would not have caused a different outcome at trial, so no new trial was granted.

The Second Appeal.

In its second appeal, U.S. Nursing argued that the district court abused its discretion when it determined the evidentiary error did not affect the trial. The Sixth Circuit Court of Appeals found that the excluded evidence did very little to support U.S. Nursing’s argument, and excluding this evidence did not affect U.S. Nursing’s substantial rights. However, the court stated that the opposing counsel misled the jury with their statements. The remarks did not constitute an error significant enough to warrant a new trial since Appalachian Regional Healthcare, Inc., was highly likely to prevail, despite counsel’s comments.

Click here to read the order in full.

Contact Health Law Attorneys Experienced in Representing Nurses and Other Healthcare Professionals.

The Health Law Firm’s attorneys routinely represent nurses, pharmacists, pharmacy technicians, dentists, dental assistants, physicians, physician assistants, mental health counselors, and other health providers. We also provide legal representation for employers in EEOC complaints, workplace discrimination complaints, and suits involving harassment or discrimination complaints. We also provide legal representation in Department of Health, Board of Medicine, Board of Nursing investigations and complaints, DORA investigations and complaints. We provide litigation services in state and federal courts and state and federal administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Muyskens, Carolyn. “Full 6th Circ. Won’t Hear Staffing Co.’s Indemnification Row.” Law360. (22 June 2023). https://www.law360.com/health/articles/1691718?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-06-23&nlsidx=0&nlaidx=8

About the Authors: 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620; Toll-Free (888) 331-6620

Hartley Brooks is a law clerk at The Health Law Firm. She is preparing to attend law school.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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.

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus, there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him from a car into the emergency room without first stabilizing and immobilizing him, which caused further damage. When the incident occurred, the nurses on staff were two employees of Appalachian Regional and one supplied by U.S. Nursing Corporation to the hospital.

The court granted a motion that dismissed the Appalachian Regional nurses as defendants because no evidence in the record alleged that they moved the patient. As the trial neared, the court granted another motion prohibiting the parties from introducing evidence that the Appalachian Regional nurses moved the patient from the truck into the emergency room.

This earlier state court lawsuit concluded with Appalachian Regional Healthcare paying $2 million in settlement and incurring $823,522.71 in legal fees.

It is important to note that when U.S. Nursing supplied its nurse to Appalachian Regional, they entered into an agreement that stated U.S. Nursing would indemnify and defend Appalachian Regional for the negligence of any of its employees assigned to Appalachian Regional. The settlement was reached, Appalachian Regional Healthcare demanded that U.S. Nursing indemnify it, but the staffing company refused to do so. In response, Appalachian Regional Healthcare, Inc., sued U.S. Nursing for the $2,823,522.71 state court settlement it paid.

The First Appeal.

In its first appeal, U.S. Nursing argued that the opposing counsel made an inappropriate closing statement when they stated no evidence showed the Appalachian Regional Healthcare nurses moving the patient and that U.S. Nursing had not argued that such evidence existed. U.S. Nursing claimed this statement was inappropriate because it was prohibited from admitting evidence that showed Appalachian Regional Healthcare nurses having moved the patient. The appellate court decided that U.S. Nursing did not have a full and fair opportunity to litigate the issue, so the appellate court remanded to the district court to determine if the error required a new trial.

The nurse staffing company argued that it was incorrectly prohibited from introducing evidence regarding the other nurses on duty and the possibility that they could have been the ones to move the patient. U.S. Nursing also argued that the opposing counsel exploited the court’s error in their closing statements, though the district court never addressed this claim. However, the appellate court asserted that the evidence excluded would not have caused a different outcome at trial, so no new trial was granted.

The Second Appeal.

In its second appeal, U.S. Nursing argued that the district court abused its discretion when it determined the evidentiary error did not affect the trial. The Sixth Circuit Court of Appeals found that the excluded evidence did very little to support U.S. Nursing’s argument, and excluding this evidence did not affect U.S. Nursing’s substantial rights. However, the court stated that the opposing counsel misled the jury with their statements. The remarks did not constitute an error significant enough to warrant a new trial since Appalachian Regional Healthcare, Inc., was highly likely to prevail, despite counsel’s comments.

Click here to read the order in full.

Contact Health Law Attorneys Experienced in Representing Nurses and Other Healthcare Professionals.

The Health Law Firm’s attorneys routinely represent nurses, pharmacists, pharmacy technicians, dentists, dental assistants, physicians, physician assistants, mental health counselors, and other health providers. We also provide legal representation for employers in EEOC complaints, workplace discrimination complaints, and suits involving harassment or discrimination complaints. We also provide legal representation in Department of Health, Board of Medicine, Board of Nursing investigations and complaints, DORA investigations and complaints. We provide litigation services in state and federal courts and state and federal administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Muyskens, Carolyn. “Full 6th Circ. Won’t Hear Staffing Co.’s Indemnification Row.” Law360. (22 June 2023). https://www.law360.com/health/articles/1691718?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-06-23&nlsidx=0&nlaidx=8

About the Authors: 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620; Toll-Free (888) 331-6620

Hartley Brooks is a law clerk at The Health Law Firm. She is preparing to attend law school.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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.

By The Health Law Firm|2024-03-14T09:59:20-04:00September 21, 2023|Categories: Health Facilities Law Blog|Tags: attorney for nurses, board of nursing hearing attorney, board of nursing hearing defense attorney, board of nursing hearing lawyer, Board of nursing legal defense representation, board of nursing legal representation, board of nursing license defense lawyer, certification hearing defense attorney, certified registered nurse anesthetist CRNA defense lawyer, certified registered nurse anesthetist CRNA hearing attorney, certified registered nurse anesthetist CRNA investigation and hearing lawyer, defense attorney for board of nursing hearing, defense attorney for board of nursing investigation, defense lawyer for department of health investigation, defense lawyer for nursing investigation, health care investigation defense attorney, health professional defense lawyer, healthcare professional license defense attorney, lawyer to defend nurse against charges, legal representation for certified registered nurse anesthetist CRNA, legal representation for DOH and DORA complaint, legal representation for Florida DOH and DORA investigations, legal representation for healthcare investigations, legal representation for healthcare professionals, legal representation for nurse, legal representation for nurse practitioner, license revocation legal representation, nurse defense attorney, nurse defense counsel, nurse practitioner investigation and hearing defense lawyer, nurse practitioner NP defense lawyer, nurse practitioner NP hearing attorney, nursing board defense attorney, nursing board defense legal representation, professional licensure defense attorney, representation for nurse licensure matters, representation for nurses, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off

Florida Nursing Students Sue College For Deceptive NCLEX Scheme

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

On December 2, 2022, four nursing students from HCI College (formerly Health Career Institute) in Florida filed a federal class action lawsuit against the school. The students claim the school conducted a “malicious scheme” to block 95% of students from graduating and taking the National Council Licensure Examination (NCLEX). The lawsuit also accuses the nursing school of misrepresenting its accreditation status and NCLEX passage rates.

Critical Details Of The Lawsuit.

The class action, brought by four named plaintiffs, was filed in Federal Court in West Palm Beach. The plaintiffs are demanding to have their loans canceled, and payments refunded and are seeking an injunction to allow all students to take the NCLEX exam.

The suit claims that HCI College misrepresented its accreditation status and lied about its NCLEX pass rates. It also states that it deliberately attempted to prevent students from graduating and taking the NCLEX by unfairly dropping them from the program or forcing them to pay to retake classes that HCI argued were non-transferrable. According to the filing, the school is accused of only graduating students who showed the highest likelihood of passing the NCLEX, thus fraudulently inflating the program’s pass rates.

A History of Alleged Questionable Conduct.

In 2018 and 2019, HCI was put on probation by the Florida Board of Nursing for having NCLEX pass rates below state standards for nursing programs. When they failed to obtain accreditation, the Florida BON terminated the nursing program on August 7, 2019.

Rather than attempt to improve the nursing program and apply for reinstatement, the school allegedly created a “new” program and obtained a different state identification number. They used the same curriculum and same instructors as before, but the “new” program allowed the poor pass rates of prior graduates to be wiped clean.

Then, the college was able to use the guise of this “new” program to mislead students and hide their termination status, lack of accreditation, and the dismal NCLEX pass rates of the “old” program.

The bottom line: creating a “new” program would theoretically buy the college five more years to meet BON accreditation requirements. Despite this, HCI continued to charge students approximately $50,000 in tuition and fees to complete their unfortunately subpar ASN program. Click here to view the plaintiff’s class action and learn more about this case.

HCI College disputes these claims and alleges a disgruntled former faculty member initiated the suit. You can read a statement issued on their website on the status of their Florida accreditation and the fake nursing diploma scheme here.

Key Takeaways From This Case.

This lawsuit and the recent fake nursing diploma scams in Florida highlight the adverse effects of insufficient regulation and oversight in Florida’s nursing education programs. Many nurses and nursing students contact our law firm for legal representation who are in very similar situations to the ones who brought the class action suit.

One must remember that Florida is a hotbed of fraud. Florida laws have always been slanted toward protecting fraudsters and con men. Perhaps the members of the Florida Legislature seem to have the attitude of “There but for fate go I.” Who knows? Corporate laws that allow the creation of shell corporations and companies and allow their owners to remain anonymous abound in Florida. It has always, in recent memory, been known as a “debtor’s haven” where people who owe others money could flee in order to avoid being held civilly liable for their debts.

Don’t Wait! Contact Health Law Attorneys Experienced in Investigations Against Nurses and Nursing Students.

The attorneys of The Health Law Firm provide legal representation to nurses, nursing students, Advanced Practice Registered Nurses (APRNs), CRNA’s and other health professionals in Department of Health (DOH) investigations, license defense hearings, Department of Justice (DOJ) investigations, board of nursing investigations, formal and informal administrative hearings, emergency suspension orders, emergency restriction orders, appeals and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Roberts, Ayla. “4 Nursing Students Sue Florida College For Alleged NCLEX Scheme.” Nurse.org. (January 23, 2023). Web.

Bean, McKenzie. “Students sue Florida nursing school, alleging they were blocked from NCLEX.” Becker’s Hospital Review. (February 3, 2023). Web.

“4 Nursing Students Sue Their School Over Deceptive Scheme.” Nurse News Today. (February 13, 2023). Web.

Press Release. “Nursing Students Sue Florida For-Profit School, HCI College, for Deceitful Scheme to Block Students From Taking Licensing Exam and Trap Them in Debt.” The Project on Predatory Student Lending. (February 3, 2023). 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus, there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him from a car into the emergency room without first stabilizing and immobilizing him, which caused further damage. When the incident occurred, the nurses on staff were two employees of Appalachian Regional and one supplied by U.S. Nursing Corporation to the hospital.

The court granted a motion that dismissed the Appalachian Regional nurses as defendants because no evidence in the record alleged that they moved the patient. As the trial neared, the court granted another motion prohibiting the parties from introducing evidence that the Appalachian Regional nurses moved the patient from the truck into the emergency room.

This earlier state court lawsuit concluded with Appalachian Regional Healthcare paying $2 million in settlement and incurring $823,522.71 in legal fees.

It is important to note that when U.S. Nursing supplied its nurse to Appalachian Regional, they entered into an agreement that stated U.S. Nursing would indemnify and defend Appalachian Regional for the negligence of any of its employees assigned to Appalachian Regional. The settlement was reached, Appalachian Regional Healthcare demanded that U.S. Nursing indemnify it, but the staffing company refused to do so. In response, Appalachian Regional Healthcare, Inc., sued U.S. Nursing for the $2,823,522.71 state court settlement it paid.

The First Appeal.

In its first appeal, U.S. Nursing argued that the opposing counsel made an inappropriate closing statement when they stated no evidence showed the Appalachian Regional Healthcare nurses moving the patient and that U.S. Nursing had not argued that such evidence existed. U.S. Nursing claimed this statement was inappropriate because it was prohibited from admitting evidence that showed Appalachian Regional Healthcare nurses having moved the patient. The appellate court decided that U.S. Nursing did not have a full and fair opportunity to litigate the issue, so the appellate court remanded to the district court to determine if the error required a new trial.

The nurse staffing company argued that it was incorrectly prohibited from introducing evidence regarding the other nurses on duty and the possibility that they could have been the ones to move the patient. U.S. Nursing also argued that the opposing counsel exploited the court’s error in their closing statements, though the district court never addressed this claim. However, the appellate court asserted that the evidence excluded would not have caused a different outcome at trial, so no new trial was granted.

The Second Appeal.

In its second appeal, U.S. Nursing argued that the district court abused its discretion when it determined the evidentiary error did not affect the trial. The Sixth Circuit Court of Appeals found that the excluded evidence did very little to support U.S. Nursing’s argument, and excluding this evidence did not affect U.S. Nursing’s substantial rights. However, the court stated that the opposing counsel misled the jury with their statements. The remarks did not constitute an error significant enough to warrant a new trial since Appalachian Regional Healthcare, Inc., was highly likely to prevail, despite counsel’s comments.

Click here to read the order in full.

Contact Health Law Attorneys Experienced in Representing Nurses and Other Healthcare Professionals.

The Health Law Firm’s attorneys routinely represent nurses, pharmacists, pharmacy technicians, dentists, dental assistants, physicians, physician assistants, mental health counselors, and other health providers. We also provide legal representation for employers in EEOC complaints, workplace discrimination complaints, and suits involving harassment or discrimination complaints. We also provide legal representation in Department of Health, Board of Medicine, Board of Nursing investigations and complaints, DORA investigations and complaints. We provide litigation services in state and federal courts and state and federal administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Muyskens, Carolyn. “Full 6th Circ. Won’t Hear Staffing Co.’s Indemnification Row.” Law360. (22 June 2023). https://www.law360.com/health/articles/1691718?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-06-23&nlsidx=0&nlaidx=8

About the Authors: 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620; Toll-Free (888) 331-6620

Hartley Brooks is a law clerk at The Health Law Firm. She is preparing to attend law school.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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.

Nursing Students Sue Florida School For Deceptive NCLEX Scheme

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

On December 2, 2022, four nursing students from HCI College (formerly Health Career Institute) in Florida filed a federal class action lawsuit against the school. The students claim the school conducted a “malicious scheme” to block 95% of students from graduating and taking the National Council Licensure Examination (NCLEX). The lawsuit also accuses the nursing school of misrepresenting its accreditation status and NCLEX passage rates.

Critical Details Of The Lawsuit.

The class action, brought by four named plaintiffs, was filed in Federal Court in West Palm Beach. The plaintiffs are demanding to have their loans canceled, and payments refunded and are seeking an injunction to allow all students to take the NCLEX exam.

The suit claims that HCI College misrepresented its accreditation status and lied about its NCLEX pass rates. It also states that it deliberately attempted to prevent students from graduating and taking the NCLEX by unfairly dropping them from the program or forcing them to pay to retake classes that HCI argued were non-transferrable. According to the filing, the school is accused of only graduating students who showed the highest likelihood of passing the NCLEX, thus fraudulently inflating the program’s pass rates.

A History of Alleged Questionable Conduct.

In 2018 and 2019, HCI was put on probation by the Florida Board of Nursing for having NCLEX pass rates below state standards for nursing programs. When they failed to obtain accreditation, the Florida BON terminated the nursing program on August 7, 2019.

Rather than attempt to improve the nursing program and apply for reinstatement, the school allegedly created a “new” program and obtained a different state identification number. They used the same curriculum and same instructors as before, but the “new” program allowed the poor pass rates of prior graduates to be wiped clean.

Then, the college was able to use the guise of this “new” program to mislead students and hide their termination status, lack of accreditation, and the dismal NCLEX pass rates of the “old” program.

The bottom line: creating a “new” program would theoretically buy the college five more years to meet BON accreditation requirements. Despite this, HCI continued to charge students approximately $50,000 in tuition and fees to complete their unfortunately subpar ASN program. Click here to view the plaintiff’s class action and learn more about this case.

HCI College disputes these claims and alleges a disgruntled former faculty member initiated the suit. You can read a statement issued on their website on the status of their Florida accreditation and the fake nursing diploma scheme here.

Key Takeaways From This Case.

This lawsuit and the recent fake nursing diploma scams in Florida highlight the adverse effects of insufficient regulation and oversight in Florida’s nursing education programs. Many nurses and nursing students contact our law firm for legal representation who are in very similar situations to the ones who brought the class action suit.

One must remember that Florida is a hotbed of fraud. Florida laws have always been slanted toward protecting fraudsters and con men. Perhaps the members of the Florida Legislature seem to have the attitude of “There but for fate go I.” Who knows? Corporate laws that allow the creation of shell corporations and companies and allow their owners to remain anonymous abound in Florida. It has always, in recent memory, been known as a “debtor’s haven” where people who owe others money could flee in order to avoid being held civilly liable for their debts.

Don’t Wait! Contact Health Law Attorneys Experienced in Investigations Against Nurses and Nursing Students.

The attorneys of The Health Law Firm provide legal representation to nurses, nursing students, Advanced Practice Registered Nurses (APRNs), CRNA’s and other health professionals in Department of Health (DOH) investigations, license defense hearings, Department of Justice (DOJ) investigations, board of nursing investigations, formal and informal administrative hearings, emergency suspension orders, emergency restriction orders, appeals and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Roberts, Ayla. “4 Nursing Students Sue Florida College For Alleged NCLEX Scheme.” Nurse.org. (January 23, 2023). Web.

Bean, McKenzie. “Students sue Florida nursing school, alleging they were blocked from NCLEX.” Becker’s Hospital Review. (February 3, 2023). Web.

“4 Nursing Students Sue Their School Over Deceptive Scheme.” Nurse News Today. (February 13, 2023). Web.

Press Release. “Nursing Students Sue Florida For-Profit School, HCI College, for Deceitful Scheme to Block Students From Taking Licensing Exam and Trap Them in Debt.” The Project on Predatory Student Lending. (February 3, 2023). 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him from a car into the emergency room without first stabilizing and immobilizing him, which caused further damage. When the incident occurred, the nurses on staff were two employees of Appalachian Regional and one supplied by U.S. Nursing Corporation to the hospital.

The court granted a motion that dismissed the Appalachian Regional nurses as defendants because no evidence in the record alleged that they moved the patient. As the trial neared, the court granted another motion prohibiting the parties from introducing evidence that the Appalachian Regional nurses moved the patient from the truck into the emergency room.

This earlier state court lawsuit concluded with Appalachian Regional Healthcare paying $2 million in settlement and incurring $823,522.71 in legal fees.

It is important to note that when U.S. Nursing supplied its nurse to Appalachian Regional, they entered into an agreement that stated U.S. Nursing would indemnify and defend Appalachian Regional for the negligence of any of its employees assigned to Appalachian Regional. The settlement was reached, Appalachian Regional Healthcare demanded that U.S. Nursing indemnify it, but the staffing company refused to do so. In response, Appalachian Regional Healthcare, Inc. sued U.S. Nursing for the $2,823,522.71 state court settlement it paid.

The First Appeal.

In its first appeal, U.S. Nursing argued that the opposing counsel made an inappropriate remark in their closing statement when they stated no evidence showed the Appalachian Regional Healthcare nurses moving the patient and that U.S. Nursing had not argued that such evidence existed. U.S. Nursing claimed this statement was inappropriate because it was prohibited from admitting evidence that showed Appalachian Regional Healthcare nurses having moved the patient. The appellate court decided that U.S. Nursing did not have a full and fair opportunity to litigate the issue, so the appellate court remanded to the district court to determine if the error required a new trial.

The nurse staffing company argued that it was incorrectly prohibited from introducing evidence regarding the other nurses on duty and the possibility that they could have been the ones to move the patient. U.S. Nursing also argued that the opposing counsel exploited the court’s error in their closing statements, though the district court never addressed this claim. However, the appellate court asserted that the evidence excluded would not have caused a different outcome at trial, so no new trial was granted.

The Second Appeal.

In its second appeal, U.S. Nursing argued that the district court abused its discretion when it determined the evidentiary error did not affect the trial. The Sixth Circuit Court of Appeals found that the excluded evidence did very little to support U.S. Nursing’s argument, and excluding this evidence did not affect U.S. Nursing’s substantial rights. However, the court stated that the opposing counsel misled the jury with their statements. The remarks did not constitute an error significant enough to warrant a new trial since Appalachian Regional Healthcare, Inc., was highly likely to prevail, despite counsel’s comments.

Click here to read the order in full.

Contact Health Law Attorneys Experienced in Representing Nurses and Other Healthcare Professionals.

The Health Law Firm’s attorneys routinely represent nurses, pharmacists, pharmacy technicians, dentists, dental assistants, physicians, physician assistants, mental health counselors, and other health providers. We also provide legal representation for employers in EEOC complaints, workplace discrimination complaints, and suits involving harassment or discrimination complaints. We also provide legal representation in the Department of Health, Board of Medicine, Board of Nursing investigations and complaints, DORA investigations and complaints. We provide litigation services in state and federal courts and state and federal administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or Toll-Free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Muyskens, Carolyn. “Full 6th Circ. Won’t Hear Staffing Co.’s Indemnification Row.” Law360. (22 June 2023). https://www.law360.com/health/articles/1691718?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-06-23&nlsidx=0&nlaidx=8

About the Authors: 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620; Toll-Free (888) 331-6620

Hartley Brooks is a law clerk at The Health Law Firm. She is preparing to attend law school.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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.

By The Health Law Firm|2024-03-14T09:59:24-04:00July 31, 2023|Categories: Nursing Law Blog|Tags: attorney for nurses, board of nursing hearing attorney, board of nursing hearing defense attorney, board of nursing hearing lawyer, Board of nursing legal defense representation, board of nursing legal representation, board of nursing license defense lawyer, certification hearing defense attorney, certified registered nurse anesthetist CRNA defense lawyer, certified registered nurse anesthetist CRNA hearing attorney, certified registered nurse anesthetist CRNA investigation and hearing lawyer, defense attorney for board of nursing hearing, defense attorney for board of nursing investigation, defense lawyer for department of health investigation, defense lawyer for nursing investigation, health care investigation defense attorney, health professional defense lawyer, healthcare professional license defense attorney, lawyer to defend nurse against charges, legal representation for certified registered nurse anesthetist CRNA, legal representation for DOH and DORA complaint, legal representation for Florida DOH and DORA investigations, legal representation for healthcare investigations, legal representation for healthcare professionals, legal representation for nurse, legal representation for nurse practitioner, license revocation legal representation, nurse defense attorney, nurse defense counsel, nurse practitioner investigation and hearing defense lawyer, nurse practitioner NP defense lawyer, nurse practitioner NP hearing attorney, nursing board defense attorney, nursing board defense legal representation, professional licensure defense attorney, representation for nurse licensure matters, representation for nurses, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off

State Nursing Boards Delay Nursing Licenses Across the U.S. Even As COVID-19 Pandemic Continues

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

Staffing shortages at hospitals across the U.S. are worsening helped along by state boards and other licensing authorities taking months to process nursing licenses, a recent NPR survey claims. As a result, thousands of new nurses who want to help during the COVID-19 pandemic are reportedly getting sidelined by state bureaucratic red tape. Now, it’s resulted in a considerable backlog in nurses waiting for jobs.

State nursing boards are usually created and charged with safeguarding the public. But there are those who claim they have become an obstacle to ensuring public safety by preventing qualified nurses from getting into the workforce. A review of statistics from nursing boards shows that new applications are taking months to be reviewed and approved when basic vetting should take only weeks.

An Investigation Into Nursing Applications.

In 2021, National Public Radio (NPR) examined license applications and found that newly graduated nurses and those moving to new states often get sidelined by state bureaucracies for months, waiting for state approval to treat patients. This is occurring at a time of extreme nursing shortages and increased demand for nurses to work during a pandemic.

Of course, we may have those who want to challenge whether or not there is a pandemic still going on. But we feel that those nurses working in hospitals right now can tell us. We also believe that not enough time has passed since the last wave went over us to state that the pandemic has ended.

The Following are some key findings from NPR’s investigation:

1. How long is too long to wait for your license? Almost one (1) in ten (10) nurses issued new licenses last year waited six (6) months or longer, according to an analysis of licensing records from 32 states. More than a third of these 226,000 registered nurses and licensed practical nurses had to wait at least three (3) months. The processing time varies because each state has its own rules. Generally, state boards have to check a nurse’s education, run a criminal background check, and wait for new graduates to pass a national exam. This all does take time. However, some of the procedures, such as fingerprinting and background checks have speeded up tremendously over the past decade.

2. Applicants are stuck in license limbo. Some state nursing boards blame slow processing times on staff shortages, increased workloads, and remote work. California’s nursing board, for example, has just 47 people on staff handling tens of thousands of applications for licenses. That’s for a state with nearly a half-million RNs. To put it into more perspective, that works out to 10,000 nurses for each employee to assist.

3. When does the clock start? NPR’s investigation found that states often start the clock on processing times only after an application is marked complete. Some nurses NPR spoke with described scenarios where they spent weeks or longer arguing with the licensing authority that their applications were complete. In addition, many state boards don’t count that lost time when measuring how long it takes to process an application.

4. Some states aren’t part of any interstate agreement. Several large states have refused to join the Nurse Licensure Compact, which allows nurses to use licenses across state lines — sort of like a driver’s license lets you drive across state lines. One reason cited for this is that many nursing boards make most of their money, sometimes tens of millions of dollars, just from the licensing fees.

Overall, researchers found that one (1) in ten (10) nurses who received new licenses from nursing boards in 2021 waited six (6) months or longer. More than one-third of the nurses waited at least three (3) months. NPR reported: “[Nurses are] emotionally exhausted. They’re physically exhausted. We add to that the frustration of not being able to get your license,” Betsy Snook, BSN, RN, who is CEO of the Pennsylvania State Nurses Association, reportedly told NPR.

To learn some helpful tips if you are applying for your nursing license, click here to read my prior blog.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a nursing or health care license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents nurses, physicians, dentists, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Nurses are waiting 6 months or more for licenses despite hospitals’ need for nurses.” Georgia Public Broadcasting. (March 10, 2022). Web.

Fast, Austin. “Nurses are waiting months for licenses as hospital staffing shortages spread.” NPR. (March 11, 2022). Web.

Gooch, Kelly. “Nurse license wait times complicating staffing shortages.” Becker’s Hospital Review. (March 11, 2022). 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 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 © 2022 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:26-04:00July 6, 2023|Categories: Nursing Law Blog|Tags: attorney for nurses, board of nursing application legal representation, board of nursing hearing defense attorney, board of nursing hearing lawyer, Board of nursing legal defense representation, board of nursing license defense lawyer, certification hearing defense attorney, certified registered nurse anesthetist CRNA defense lawyer, certified registered nurse anesthetist CRNA hearing attorney, certified registered nurse anesthetist CRNA investigation and hearing lawyer, defense attorney for board of nursing hearing, defense attorney for board of nursing investigation, defense lawyer for department of health investigation, defense lawyer for nursing investigation, Department of Health investigation defense attorney, drug diversion defense attorney, health care defense attorney, lawyer to defend nurse against charges, legal representation for certified registered nurse anesthetist CRNA, legal representation for nurse, legal representation for nurse practitioner, license revocation legal representation, nurse defense attorney, nurse practitioner investigation and hearing defense lawyer, nurse practitioner NP defense lawyer, nurse practitioner NP hearing attorney, nursing board defense attorney, nursing board defense legal representation, professional licensure defense attorney, representation for nurse licensure matters, representation for nurses, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off

Nursing Students Sue Florida College For Deceptive NCLEX Scheme

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

On December 2, 2022, four nursing students from HCI College (formerly Health Career Institute) in Florida filed a federal class action lawsuit against the school. The students claim the school conducted a “malicious scheme” to block 95% of students from graduating and taking the National Council Licensure Examination (NCLEX). The lawsuit also accuses the nursing school of misrepresenting its accreditation status and NCLEX passage rates.

Critical Details Of The Lawsuit.

The class action, brought by four named plaintiffs, was filed in Federal Court in West Palm Beach. The plaintiffs are demanding to have their loans canceled and payments refunded and are seeking an injunction to allow all students to take the NCLEX exam.

The suit claims that HCI College misrepresented its accreditation status and lied about its NCLEX pass rates. It also states that it deliberately attempted to prevent students from graduating and taking the NCLEX by unfairly dropping them from the program or forcing them to pay to retake classes that HCI argued were non-transferrable. According to the filing, the school is accused of only graduating students with the highest likelihood of passing the NCLEX, thus fraudulently inflating the program’s pass rates.

A History of Alleged Questionable Conduct.

In 2018 and 2019, HCI was put on probation by the Florida Board of Nursing for having NCLEX pass rates below state standards for nursing programs. When they failed to obtain accreditation, the Florida BON terminated the nursing program on August 7, 2019.

Rather than attempt to improve the nursing program and apply for reinstatement, the school allegedly created a “new” program and obtained a different state identification number. They used the same curriculum and same instructors as before, but the “new” program allowed the poor pass rates of prior graduates to be wiped clean.

Then, the college was able to use the guise of this “new” program to mislead students and hide their termination status, lack of accreditation, and the dismal NCLEX pass rates of the “old” program.

The bottom line: creating a “new” program would theoretically buy the college five more years to meet BON accreditation requirements. Despite this, HCI continued to charge students approximately $50,000 in tuition and fees to complete their unfortunately subpar ASN program. View the plaintiff’s class action and learn more about this case.

HCI College disputes these claims and alleges a disgruntled former faculty member initiated the suit. You can read a statement issued on their website on the status of their Florida accreditation and the fake nursing diploma scheme here.

Key Takeaways From This Case.

This lawsuit and the recent fake nursing diploma scams in Florida highlight the adverse effects of insufficient regulation and oversight in Florida’s nursing education programs. Many nurses and nursing students contact our law firm for legal representation who are in very similar situations to the ones who brought the class action suit.

One must remember that Florida is a hotbed of fraud. Florida laws have always been slanted toward protecting fraudsters and con men. Perhaps the members of the Florida Legislature seem to have the attitude of “There but for fate go I.” Who knows? Corporate laws that allow the creation of shell corporations and companies and allow their owners to remain anonymous abound in Florida. It has always, in recent memory, been known as a “debtor’s haven” where people who owe others money could flee to avoid being held civilly liable for their debts.

Don’t Wait! Contact Health Law Attorneys Experienced in Investigations Against Nurses and Nursing Students.

The attorneys of The Health Law Firm provide legal representation to nurses, nursing students, Advanced Practice Registered Nurses (APRNs), CRNA’s and other health professionals in Department of Health (DOH) investigations, license defense hearings, Department of Justice (DOJ) investigations, board of nursing investigations, formal and informal administrative hearings, emergency suspension orders, emergency restriction orders, appeals and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Roberts, Ayla. “4 Nursing Students Sue Florida College For Alleged NCLEX Scheme.” Nurse.org. (January 23, 2023). Web.

Bean, McKenzie. “Students sue Florida nursing school, alleging they were blocked from NCLEX.” Becker’s Hospital Review. (February 3, 2023). Web.

“4 Nursing Students Sue Their School Over Deceptive Scheme.” Nurse News Today. (February 13, 2023). Web.

Press Release. “Nursing Students Sue Florida For-Profit School, HCI College, for Deceitful Scheme to Block Students From Taking Licensing Exam and Trap Them in Debt.” The Project on Predatory Student Lending. (February 3, 2023). 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., Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.

Phony Florida Nursing Diploma Scam: Federal Criminal Indictments in “Operation Nightingale”

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

In January 2023, the U.S. Department of Justice (DOJ) announced the prosecution of a massive fake nursing diploma scheme against three Florida-based nursing schools. The investigation has now expanded to include at least eight (8) nursing schools.

The investigation has now resulted in charges against 25 people in five states and found evidence that they allegedly worked to “sell” more than 7,600 fake diplomas, along with school transcripts, between 2016 and 2021. Click here to learn more.

The Federal Indictment.

We have obtained a copy of the federal indictment filed against the individual owners, operators, and staff members whom the FBI alleges were committing crimes, including selling diplomas and transcripts. View the federal indictment filed in the investigation to check for any names you recognize by clicking here: https://www.thehealthlawfirm.com/uploads/Nursing%20School%20Indictment.pdf.

Additionally, you can view other helpful press releases and documents on “Operation Nightingale” on our website here.

Concerns We Have About This Investigation.

We have several concerns about this investigation based on the nurses we spoke with. As usual, the events that have resulted in this “scandal” have been going on for as many as eight years. Nothing has been done until recently, and then it is as though a tornado has just hit. We are concerned about what we view as a massive overreaction that is resulting in many babies being thrown out with the bad bath water.

What seems to have been overlooked is that these nursing schools were all accredited by the proper accreditation bodies until this happened. We have clients who contacted the Florida Board of Nursing, which affirmed that the schools were legitimate, accredited schools before our clients enrolled in them and only enrolled after being assured that they were.

In many cases, our clients and others with whom we have spoken attended other accredited nursing schools but then transferred to one of the Florida schools and received credits for their transferred courses. There was and is nothing illegal or wrong about this. We have spoken to many nurses who took all required courses to become nurses, performed their clinical, graduated, received diplomas, took the NCLEX (national nursing) examination, passed, and became licensed nurses. Some of these have been practicing for years. Some have been practicing for only days. Yet now, they are all getting letters telling them they are being investigated for possible fraud. It is devastating to many who worked so hard to become nurses.

Contact Health Law Attorneys Experienced in Investigations Against Nurses and Nursing Students.

The attorneys of The Health Law Firm provide legal representation to nurses, nursing students, and ARNPs in Department of Health (DOH) investigations, nursing board cases, Department of Health investigations, DOJ and FBI investigations, Board of Nursing investigations, formal and informal administrative hearings, emergency suspension orders, emergency restriction orders and other types of investigations of nurses and other health professionals.

To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 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., Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“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 © 2023 The Health Law Firm. All rights reserved.