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Two Separate Lawsuits Against Novartis Pharmaceuticals Corporation Allege Illegal Kickbacks and False Claims

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

Novartis Pharmaceuticals Corporation (NPC) is currently fielding two different lawsuits, filed just days apart from each other, by the U.S. Department of Justice (DOJ). The first lawsuit was filed on April 23, 2013, alleging the company gave illegal kickbacks to pharmacists. A second lawsuit was filed on April 26, 2013, alleging illegal kickbacks were paid by NPC to health care providers. According to the DOJ, the government’s complaint seeks damages and civil penalties under the False Claims Act, and under the common law for paying kickbacks to doctors to induce them to prescribe NPC products that were reimbursed by federal health care programs.

Click here to read the entire press release from the DOJ.

NPC Accused of Treating Health Care Professionals to Expensive Dinners, Product Discounts […]

By The Health Law Firm|2024-03-14T10:00:48-04:00June 1, 2018|Categories: Health Care Industry, In the News, Medicare, Medicare Fraud, The Health Law Firm Blog, Whistleblower|Tags: anti-kickback statute, attorney's fees, CHAMPUS, defense attorney, defense lawyer, Department of Justice (DOJ), doctor, doctor kickbacks, false billing, false claims, false claims act, Florida health care attorney, Florida health care lawyer, health law, hospital, kickbacks, legal representation, medicaid, medicaid audit, Medicaid false claims, Medicaid fraud, medical group, medicare, medicare audit, Medicare false claims, Medicare fraud, Novartis Pharmaceuticals Corporation (NPC), pharmacist, pharmacy, physician, qui taim, qui tam relator, qui tam suits, the health law firm, TRICARE, unnecessary procedures, Veterans Administration, whistleblower, whistleblower attorney, whistleblower lawyer, whistleblower protection|Comments Off

Scribes Offer Physicians Some Relief from EHR Frustrations

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

In November 2013, a physician satisfaction study, sponsored by the American Medical Society (AMA), was published. In the study, physicians stated one of the most hated items in the medical industry is the electronic health record (EHR). According to physicians, EHRs are time-consuming, they hinder the physician-patient relationship by dividing the physician’s attention, they require health care professionals to perform tasks below their level of training, and EHRs can decrease efficiency in the practice.

Now there is a trend in the medical industry that allows physicians and health care practitioners to complete all their EHR documentation without ever having to touch a computer. According to an article in The New York Times, many medical practices and emergency rooms are hiring medical scribes to ease physicians’ […]

By The Health Law Firm|2024-03-14T10:00:54-04:00June 1, 2018|Categories: Electronic Health Record, Health Care Industry, In the Know, The Health Law Firm Blog|Tags: clerical work, data entry, doctor, doctor patient relationship, EHR, EHR productivity, EHR record keeping, electronic chart, electronic health records, electronic medical records, EMR, health law firm, hospital scribes, hospitalist, improving doctor-patient relationship, increasing physician productivity, interacting with patients, medical practices, medical scribe, patient focus, physician, physician clerical work, scribe, scribe duties, scribe-assisted doctors, the health law firm, trends in health care industry, what can a scribe do|Comments Off

New Anti-Prescription Drug Abuse Campaign in Pinellas County

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

Pinellas County has started a new billboard campaign aimed at curbing prescription drug abuse. The billboard message reads, “We’re shutting down Pill Mills in Pinellas County.” The first two billboards were erected on April 1, 2012. Several smaller boards will be put up in the next few weeks, with even more planned for the future. This continues the long-standing battle by Pinellas County law enforcement authorities against pain management clinics that they describe as “pill mills.” Pinellas County includes the cities of St. Petersburg, Clearwater and Seminole.

The billboard message is a statement from local coalition groups who have partnered with Pinellas County in order to curb the area’s prescription drug abuse problem. In 2010, Pinellas County allegedly had the most occurrences of accidental overdose deaths from prescription drugs when compared to […]

By The Health Law Firm|2024-03-14T10:00:29-04:00June 1, 2018|Categories: In the News, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: Administrative Hearing, Board of Pharmacy, Clinic Licensure, Drug Enforcement Administration (DEA), Florida Department of Health (DOH), investigation, medical license, Pain Management Clinic Enforcement, pharmacist, pharmacy, Pharmacy License, physician, Pill Mill Law Enforcement|Comments Off

Central Florida Has Been Invaded By Zombies – No Twinkies Means No Food Source

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

You are already aware of Floridians’ fear of zombies, as shown by recent legislation against bath salts. Despite this, there continue to be reports of rampant zombie outbreaks across the Sunshine State. The zombie apocalypse has hit Central Florida, hard. As a citizen of Florida, you know you are not safe; not from zombies, not from British tourists, not from inability to count (notes in an election) and not from the state legislature. To make matters worse, Twinkies, the only food known to mankind that can survive a post-apocalyptic zombie outbreak (reference: Zombieland 2009) or a nuclear holocaust (reference: Family Guy, second season, third episode Dec. 26, 1999), may soon be out of production. Everyone knows Twinkies […]

By The Health Law Firm|2024-03-14T10:00:40-04:00June 1, 2018|Categories: In the Know, The Health Law Firm Blog|Tags: Attorney General, attorneys, bath salts, cannibalism, cannibalistic, dea, defense attorney, defense lawyer, doctor, drug bans, drug enforcement administration, drugs, florida, florida health attorney, Florida health lawyer, k2, laws, legal, nurse, pharmacies, pharmacists, pharmacy, physician, potpourri, prevention, smiles, synthetic cannabinoids, synthetic drug bill, synthetic drug use, synthetic drugs, synthetic marijuana, zombie attacks, zombies, zombiism|Comments Off

Internal Revenue Service Decides Electronic Health Record Incentive Payments are Taxable

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

The Internal Revenue Service (IRS) has taken the position that electronic health record (EHR) incentive payments are taxable. Previously it was not specified how EHR incentive payments were to be treated or reported to the IRS. On January 14, 2013, the IRS issued guidance on this issue in a memorandum from the Office of Chief Counsel. This memorandum lists tax issues facing those who have received or who will receive EHR incentive payments. It also states the IRS’s position on those issues.

IRS Considered Three Different Issues and Gave its Stance on Each Issue.

In its memorandum, the Office of Chief Counsel considered the following three issues:

1. Whether recipients must include in gross income electronic health record
incentive payments paid by […]

By The Health Law Firm|2024-03-14T10:00:48-04:00June 1, 2018|Categories: Electronic Health Record, Health Care Industry, IRS, The Health Law Firm Blog|Tags: American Recovery and Reinvestment Act of 2009 (ARRA), Centers for Medicare and Medicaid Services, CMS, defense attorney, defense lawyer, doctor, electronic health record (EHR), electronic health record incentive payments, florida attorney, Florida lawyer, health care professional, health care provider, incentive payments, Internal Revenue Service, meaningful use, Office of Chief Counsel, physician, taxable, taxes, the health law firm|Comments Off

California Doctor To Pay $562,500 Fine and Spend 5 Days in Jail for Balance Billing Patients Covered by Managed Care Plans

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A California doctor was fined $562,500 and ordered to spend five days in jail for illegally balance billing patients covered by health plans, according to a Los Angeles Times posted in December 2013. The doctor, Jeannette Martello, M.D., is a plastic and reconstructive surgeon practicing in the Los Angeles area. She was accused of balance billing patients covered by managed care health plans that were provided emergency treatment in several hospitals in Los Angeles. The doctor had very aggressive collection practices and allegedly sued her patients frequently to collect the fees not covered by the managed care health plans.

Click here to the entire Los […]

DEA Has Online List of Cases Against Doctors

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

The Drug Enforcement Administration (DEA) has a public list of physicians with DEA registrations that have been arrested and prosecuted. On the DEA’s website, there is a list of all investigations of physician registrants in which the DEA was involved that resulted in the arrest and prosecution of the registrant which was updated and released on April 3, 2012.

The list includes:
• The name of the physician;
• The physician’s city/state;
• Date of arrest/conviction;
• Judicial status;
• Conviction;
• Status of the physician’s DEA registration; and
• Remarks regarding the physician’s case.

Click here to view a copy of the most recent list (last updated on April 3, 2012).

We cannot vouch for the validity of the information on the DEA’s list. We just know it was published.

Contact Health Law Attorneys Experienced with DEA Cases.

The attorneys of The Health Law Firm […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Categories: DEA, The Health Law Firm Blog|Tags: administrative action, criminal charges, dea, DEA number, DEA number revoked, DEA registrant, DEA registration, drug enforcement administration, investigation, physician|Comments Off

Tightened Restrictions Placed on Pain Management Clinics in Seminole County

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

Seminole County, Florida, is the latest county to adopt tightened regulations for pain management clinics. On November 13, 2012, County Commissioners unanimously voted to adopt the ordinance enacting Chapter 186 of the Seminole County Code to establish regulations regarding pain management clinics.

Click here to read the entire Seminole County Ordinance.

County Commissioners hope these new regulations will aid law enforcement in fighting illegal pill mill operations in Florida.

Officials Believe Restrictions Will Help Prevent Overprescribing.

The ordinance requires clinics to get a license, produce monthly reports on how many prescriptions are issued for controlled substances and report patient information, such as a patient’s address. This only applies to practices where doctors issue prescriptions for painkillers […]

By The Health Law Firm|2024-03-14T10:00:40-04:00June 1, 2018|Categories: In the Know, Pain Management, The Health Law Firm Blog|Tags: controlled substances, defense attorney, defense lawyer, Department of Health (DOH), doctor, florida pill mills, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, Osceola County pill mills, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician, pill mill, prescription drug monitoring program, prescription drug trafficking, Seminole County pain clinics, Seminole County pill mills|Comments Off

Texas Oncologist Accused of Poisoning Coworker/Boyfriend’s Coffee

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

A Houston, Texas, doctor is accused of spiking her co-worker’s coffee with a toxic chemical. Both the female doctor and the male co-worker she allegedly tried to poison worked as oncologists at The University of Texas M.D. Anderson Cancer Center. It’s reported the two were also dating at the time of the incident. The female oncologist was allegedly arrested on May 29, 2013, and charged with aggravated assault, according to ABC News.

Click here to read the ABC News article.

I’d like to point out that these are just allegations made against the female oncologist at this point in time and have not been proven by the state. “All persons are innocent until proven guilty in a court of law.” (Cops.)

Do You Take Your Coffee […]

By The Health Law Firm|2024-03-14T10:00:49-04:00June 1, 2018|Categories: Health Care Industry, In the Know, In the News, The Health Law Firm Blog|Tags: antifreeze poisoning, breast cancer oncologist, chemical, criminal charges, criminal charges against a doctor, criminal charges against a physicians, defense attorney, defense lawyer, doctor, ethylene glycol, MD Anderson, oncologist, physician, poison|Comments Off

Florida Supreme Court Overturns Medical Malpractice Caps

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

Florida’s Supreme Court ruled 5-to-2 in favor of invalidating medical malpractice caps on non-economic damages. The initial legislation was put into place in 2003 by the Florida Legislature due to an alleged medical malpractice crisis. The caps limited payments to patients for non-economic damages at $500,000 in most malpractice cases and $1 million in cases involving deaths. However, on March 13, 2014, the Supreme Court concluded that the cap on wrongful death non-economic damages violates the state Constitution’s equal protection clause.

This decision by Florida’s highest court makes Florida the seventh state to make such a ruling that such limitations are unconstitutional. There are 35 states that currently have some type of cap on medical malpractice awards.

This decision stirs up harsh criticism from doctors, and […]

By The Health Law Firm|2024-03-14T10:00:55-04:00June 1, 2018|Categories: Health Care Industry, In the Know, The Health Law Firm Blog|Tags: defense attorney, defense lawyers, doctor, Florida doctor, Florida legislature, Florida medical malpractice, Florida physician, Florida Supreme Court, health law firm, invalidate medical liability, limits on pain and suffering, litigation, medical attorneys, medical lawyers, medical liability, medical liability Florida, medical malpractice, medical malpractice case, medical malpractice lawsuits, medical malpractice liability, medical malpractice limits, negligence lawsuits, physician, professional liability, the health law firm|Comments Off