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Drug Enforcement Administration Agents Raid Central Florida Pain Management Clinic

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

Drug Enforcement Administration (DEA) agents along with local police and sheriffs’ deputies raided a Longwood, Florida, pain management clinic on June 14, 2013. According to the Orlando Sentinel, agents searched for evidence at the clinic associated with multiple doctors. DEA agents stated the clinic was operating as a “pill mill” and allegedly diverting legal prescriptions for illegal purposes. No one was arrested during the raid. Longwood is a suburb of Orlando.

Investigation Spreads to South Florida.

According to WESH-TV, during the raid agents took everything from the clinic that could help them build a criminal prosecution. This included paper records, computer equipment and prescription drugs. DEA agents would not say how many people they were investigating, but they did say this raid was the result of […]

Preserving Your Nursing License: Alternatives to Conviction, Nolo Contendere or Adjudication Withheld

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

As if being faced with the consequences of criminal charges wasn’t frightening enough, physicians, nurses, dentists, psychologists and other health professionals have the added danger of having their licenses disciplined or revoked if they plead nolo contendere or guilty to a criminal charge

Whether you are applying for a new license to practice or have been practicing for years you are under an obligation to report “convictions” and “pleas” to the board that governs your profession. The normal definition of a “conviction” is not the same as the Department of Health (DOH) and the various professional boards use.

Pursuant to Section 456.072, Florida Statutes, licensed healthcare providers can be disciplined for all of the […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Categories: Defense, Nurse License|Tags: defense attorney, dentist criminal charges, Department of Health (DOH) conviction, license, license disciplined, license revoked, medical license, misdemeanor offenses physicians, nurse criminal charges, physician criminal charges, physician defense lawyer|Comments Off

Cardiologist Faces HIPAA Privacy Violation Charges for Over Sharing Patient Information

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

On February 26, 2018, a pediatric cardiologist was charged with wrongfully disclosing protected patient health information in Massachusetts federal court. Prosecutors alleged that in 2013, Dr. Eduardo Montaña disclosed patient data to representatives of Aegerion Pharmaceuticals.

The Alleged HIPAA Privacy Violations.

Prosecutors said that Dr. Montaña violated the Health Insurance Portability and Accountability Act (HIPAA) by sharing electronic medical records and prescription forms with representatives of Aegerion in 2013 without patient permission. He also allegedly gave his personal access code for an electronic medical records system to an Aegerion representative in March 2013 so the employee could review the patients’ health information without the patient’s knowledge or permission. That unauthorized disclosure constitutes a violation of HIPAA, prosecutors alleged.

Click here to read the […]

By The Health Law Firm|2024-03-14T10:01:23-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: Board of Medicine defense attorney, Board of Medicine defense counsel, Board of Medicine defense lawyer, civil penalties for HIPAA violation, criminal penalties for HIPAA violation, data security legal representation, Department of Justice (DOJ) investigation attorney, DOJ defense attorney, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule defense attorney, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule defense counsel, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule defense lawyer, HIPAA compliance attorney, HIPAA compliance audit legal representation, HIPAA corrective action plan (CAP) attorney, HIPAA corrective action plan (CAP) counsel, HIPAA corrective action plan (CAP) lawyer, HIPAA defense attorney, HIPAA defense lawyer, HIPAA legal representation, HIPAA violation representation, legal counsel for HIPAA compliance, legal counsel for penalties for HIPAA violation, legal representation for DOJ issues, legal representation for HIPAA violation, legal representation for licensure matters, licensure defense attorney, Office of Civil Rights (OCR) defense attorney, Office of Civil Rights (OCR) defense counsel, Office of Civil Rights (OCR) defense lawyer, Office of Civil Rights (OCR) investigation defense attorney, Office of Civil Rights (OCR) investigation defense counsel, Office of Civil Rights (OCR) investigation defense lawyer, physician defense attorney, physician defense counsel, physician defense lawyer, reviews of The Health Law Firm, The Health Law Firm attorney reviews|Comments Off

Cardiologist Faces HIPAA Privacy Violation Charges for Over Sharing Patient Information

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

On February 26, 2018, a pediatric cardiologist was charged with wrongfully disclosing protected patient health information in Massachusetts federal court. Prosecutors alleged that in 2013, Dr. Eduardo Montaña disclosed patient data to representatives of Aegerion Pharmaceuticals.

The Alleged HIPAA Privacy Violations.

Prosecutors said that Dr. Montaña violated the Health Insurance Portability and Accountability Act (HIPAA) by sharing electronic medical records and prescription forms with representatives of Aegerion in 2013 without patient permission. He also allegedly gave his personal access code for an electronic medical records system to an Aegerion representative in March 2013 so the employee could review the patients’ health information without the patient’s knowledge or permission. That unauthorized disclosure constitutes a violation of HIPAA, prosecutors alleged.

Click here to read the court document […]

By The Health Law Firm|2024-03-14T10:01:28-04:00May 15, 2018|Categories: Mental Health Law Blog|Tags: Board of Medicine defense attorney, Board of Medicine defense counsel, Board of Medicine defense lawyer, civil penalties for HIPAA violation, criminal penalties for HIPAA violation, data security legal representation, Department of Justice (DOJ) investigation attorney, DOJ defense attorney, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule defense attorney, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule defense counsel, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule defense lawyer, HIPAA compliance attorney, HIPAA compliance audit legal representation, HIPAA corrective action plan (CAP) attorney, HIPAA corrective action plan (CAP) counsel, HIPAA corrective action plan (CAP) lawyer, HIPAA defense attorney, HIPAA defense lawyer, HIPAA legal representation, HIPAA violation representation, legal counsel for HIPAA compliance, legal counsel for penalties for HIPAA violation, legal representation for DOJ issues, legal representation for HIPAA violation, legal representation for licensure matters, licensure defense attorney, Office of Civil Rights (OCR) defense attorney, Office of Civil Rights (OCR) defense counsel, Office of Civil Rights (OCR) defense lawyer, Office of Civil Rights (OCR) investigation defense attorney, Office of Civil Rights (OCR) investigation defense counsel, Office of Civil Rights (OCR) investigation defense lawyer, physician defense attorney, physician defense counsel, physician defense lawyer, reviews of The Health Law Firm, The Health Law Firm attorney reviews|Comments Off