social worker legal counsel and mental health counselor defense attorney

Home/Tag: social worker legal counsel and mental health counselor defense attorney

Florida Psych Hospital Accused of Cashing in on Baker Act Patients

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
In September 2019, a report on an investigation by The Tampa Bay Times stated that a North Tampa psychiatric hospital might be more harmful than helpful to its patients. The Tampa Bay Times claimed the health facility exploited patients held under the state’s mental health law known as the Baker Act. The Baker Act allows the involuntary confinement of a person in a mental health facility for a limited period of time if that person presents a threat to himself or to others; however, there are many limitations on this and rights that such persons have. The center has routinely held patients inappropriately against their will, making millions of dollars in the process, the newspaper reported.

After analyzing hospital records, police reports, court records, and interviews with former patients, the Tampa Bay Times was able to show that the hospital tricked or used coercive methods to keep patients locked up. Additionally, some patients described getting virtually no psychiatric treatment while admitted, according to the story.

Violations of The Baker Act.

Patients are often checked in for 72 hours the Baker Act, the Florida law that allows mental health centers to detain patients who are at risk of self-harm. The 72 hour period is to allow time for psychiatrists to evaluate the patient to see if the patient meets criteria to be confin3ed beyond the 72 hours. After 72 hours, unless a psychiatrist has found otherwise, facilities cannot legally hold patients against their will.

Despite the law, the Florida psych hospital allegedly used loopholes in the statute to hold patients longer than the law permits, thereby running up their hospital treatment bills, according to the report. The investigation exposed that the hospital uses a variety of tactics to keep patients beyond 72 hours. Some patients were tricked into thinking they had waived their right to leave the facility. Others were forced to wait around for court hearings that never happened. The extended stays were proven to be very lucrative to the facility named in the news report. It reportedly had the fourth-highest profit margin of any Florida psychiatric hospital in 2017.

Following the investigation by the Tampa Bay Times, Florida lawmakers are now calling for government regulators to further investigate the facility. Click here for more information, including a letter sent by a state representative to the Centers for Medicare and Medicaid Services (CMS).

For more information on the Baker Act law, click here to read one of my prior blogs.

Click here to visit our Areas of Practice page on our website and learn more about specific Baker Act cases and how we can assist you in these matters.

Contact Health Law Attorneys Experienced in Handling Victims of Involuntary Confinement Through the Baker Act and Marchman Act.

The Health Law Firm represents individuals, families and friends in challenges to and hearings related to the Florida Baker Act and Marchman Act, when the basic criteria for confinement are not met and there is no medical necessity for further confinement.

Our firm has a process we follow to make sure that a person who should not be held under the Baker Act may be released in a very short time. If the basic criteria for a Baker Act confinement are not present, the person is not required to be held and should be released. If the person has been living independently for decades, has family and a support system available, and has had no prior mental health problems, the odds are he or she should not be involuntarily confined. We act immediately to begin our representation, to make the hospital and its physicians aware that we are representing you, and to take measures to obtain release. If required, we are prepared to file an emergency Petition for Writ of Habeas Corpus with the local Circuit Court to have you brought before the judge for an emergency release hearing. These cases can be time-intensive, require a great deal of immediate work, but can yield fast results in most cases.

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

Sources:

Bedi, Neil. “How one Florida psychiatric hospital makes millions off patients who have no choice.” Tampa Bay Times. (September 18, 2019). Web.

Harnes, Anna. “Florida Psych Hospital Holds Patients Captive To Make Millions In ‘Shocking’ Report.” Inquisitr. (September 21, 2019). Web.

Bedi, Neil. “Lawmakers call for investigations into Wesley Chapel psychiatric hospital.” Tampa Bay Times. (October 7, 2019). Web.

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

KeyWords: Baker Act defense attorney, legal representation for Baker Act cases, legal representation for involuntary Baker Act confinement, legal representation for involuntary confinement, mental health confinement defense attorney, petition for Writ of Habeas Corpus, Baker Act attorney, Baker Act defense lawyer, legal representation for Florida Baker Act, Florida Marchman Act defense attorney, Florida Baker Act lawyer, mental health lawyer, mental health representation, legal representation for Baker Act law, representation for mental health facilities, representation for mental health professionals, psychologist defense counsel and legal representation, social worker legal counsel and mental health counselor defense attorney, The Health Law Firm, reviews of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

Florida Psychiatric Hospital Accused of Cashing in on Baker Act Patients

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

In September 2019, a report on an investigation by The Tampa Bay Times stated that a North Tampa psychiatric hospital might be more harmful than helpful to its patients. The Tampa Bay Times claimed the health facility exploited patients held under the state’s mental health law known as the Baker Act. The Baker Act allows the involuntary confinement of a person in a mental health facility for a limited period of time if that person presents a threat to himself or to others; however, there are many limitations on this and rights that such persons have. The center has routinely held patients inappropriately against their will, making millions of dollars in the process, the newspaper reported.

After analyzing hospital records, police reports, court records, and interviews with former patients, the Tampa Bay Times was able to show that the hospital tricked or used coercive methods to keep patients locked up. Additionally, some patients described getting virtually no psychiatric treatment while admitted, according to the story.

Violations of The Baker Act.

Patients are often checked in for 72 hours the Baker Act, the Florida law that allows mental health centers to detain patients who are at risk of self-harm. The 72 hour period is to allow time for psychiatrists to evaluate the patient to see if the patient meets criteria to be confin3ed beyond the 72 hours. After 72 hours, unless a psychiatrist has found otherwise, facilities cannot legally hold patients against their will.

Despite the law, the Florida psych hospital allegedly used loopholes in the statute to hold patients longer than the law permits, thereby running up their hospital treatment bills, according to the report. The investigation exposed that the hospital uses a variety of tactics to keep patients beyond 72 hours. Some patients were tricked into thinking they had waived their right to leave the facility. Others were forced to wait around for court hearings that never happened. The extended stays were proven to be very lucrative to the facility named in the news report. It reportedly had the fourth-highest profit margin of any Florida psychiatric hospital in 2017.

Following the investigation by the Tampa Bay Times, Florida lawmakers are now calling for government regulators to further investigate the facility. Click here for more information, including a letter sent by a state representative to the Centers for Medicare and Medicaid Services (CMS).

For more information on the Baker Act law, click here to read one of my prior blogs.

Click here to visit our Areas of Practice page on our website and learn more about specific Baker Act cases and how we can assist you in these matters.

Contact Health Law Attorneys Experienced in Handling Victims of Involuntary Confinement Through the Baker Act and Marchman Act.

The Health Law Firm represents individuals, families and friends in challenges to and hearings related to the Florida Baker Act and Marchman Act, when the basic criteria for confinement are not met and there is no medical necessity for further confinement.

Our firm has a process we follow to make sure that a person who should not be held under the Baker Act may be released in a very short time. If the basic criteria for a Baker Act confinement are not present, the person is not required to be held and should be released. If the person has been living independently for decades, has family and a support system available, and has had no prior mental health problems, the odds are he or she should not be involuntarily confined. We act immediately to begin our representation, to make the hospital and its physicians aware that we are representing you, and to take measures to obtain release. If required, we are prepared to file an emergency Petition for Writ of Habeas Corpus with the local Circuit Court to have you brought before the judge for an emergency release hearing. These cases can be time-intensive, require a great deal of immediate work, but can yield fast results in most cases.

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

Sources:

Bedi, Neil. “How one Florida psychiatric hospital makes millions off patients who have no choice.” Tampa Bay Times. (September 18, 2019). Web.

Harnes, Anna. “Florida Psych Hospital Holds Patients Captive To Make Millions In ‘Shocking’ Report.” Inquisitr. (September 21, 2019). Web.

Bedi, Neil. “Lawmakers call for investigations into Wesley Chapel psychiatric hospital.” Tampa Bay Times. (October 7, 2019). Web.

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

KeyWords: Baker Act defense attorney, legal representation for Baker Act cases, legal representation for involuntary Baker Act confinement, legal representation for involuntary confinement, mental health confinement defense attorney, petition for Writ of Habeas Corpus, Baker Act attorney, Baker Act defense lawyer, legal representation for Florida Baker Act, Florida Marchman Act defense attorney, Florida Baker Act lawyer, mental health lawyer, mental health representation, legal representation for Baker Act law, representation for mental health facilities, representation for mental health professionals, psychologist defense counsel and legal representation, social worker legal counsel and mental health counselor defense attorney, The Health Law Firm, reviews of The Health Law Firm attorneys, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

FL May Allow Providers to Avoid Past Mental-Health Conditions, Drug Issues on License Applications

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

Health care professionals ask patients about their medical histories every day for in treating them. But what happens when they are requested to divulge in their own history to the state as part of the licensing process? Before being licensed in the state of Florida, for example, health care providers are required to disclose if they have been treated for mental-health or substance-abuse disorders within in the past five years. However, this could be changing very soon.

Changes to Past Health Questions.

In December 2018, a committee of the Florida Board of Medicine gave preliminary approval to eliminate questions about past treatment of mental health and substance abuse from applications for medical licenses in Florida. Rather, applicants would be asked only whether they currently have any condition that impairs them from safely practicing.

Medical history questions are asked during the initial application for license, whether the applicant is a new physician or a physician from another state who is seeking a Florida license. This is true for most states. The new questions are designed to be more open-ended and lend themselves to subjective answers.

The proposal to change the initial application questions comes after several studies revealed an alarming suicide rate among physicians and medical students. According to a 2015 study published in the journal JAMA Psychiatry, between 300 and 400 physicians commit suicide each year.

Despite these numbers, the proposal still requires full board approval and faces opposition from some board members.

Click here to read one of my prior blogs about rising baker acts among college students in Florida.

Contact Health Law Attorneys Experienced in Representing Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, physician assistants, nurses, nurse practitioners, cardiologists, CRNAs, pain management doctors, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

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

Sources:

Sexton, Christine. “Florida doctors may avoid revealing past mental-health and drug-abuse issues.” Orlando Sentinel. (January 16, 2019). Web.

“Change Seeks To Remove ‘Stigma’ For Doctors.” Health News Florida. (January 16, 2019). Web.

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

KeyWords: Legal representation Board of Medicine cases, Board of Medicine Representation, legal representation for physicians, legal representation for licensure issues, licensure defense lawyer, legal representation for licensure defense, legal representation for medical students, residents and fellows, legal representation for Board of Medicine hearings, legal representation for complaints against license, Medical Board Cases representation, legal representation for nurses, nurse representation, Board of Nursing Representation, Medical Board defense lawyer, Medical Board representation, Florida health law defense attorney, legal representation for U.S. Department of Health (DOH) investigations, employment law defense attorney, legal representation for employment issues, legal representation for health care professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, health law defense attorney, mental health facility defense counsel, mental health professional defense attorney, psychologist defense counsel and legal representation, social worker legal counsel and mental health counselor defense attorney, legal representation for Credentials Committee of Board of Medicine

“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 © 2019 The Health Law Firm. All rights reserved.

Pennsylvania Nursing Home Settles Wrongful Death Suit, Agrees to Pay $800,000

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

On December 21, 2017, the Devereux Foundation in Philadelphia, agreed to pay $800,000 to end a wrongful death suit against staff at The Devereux Pocono Center. The suit accused staff at the organization’s residential behavioral health facility in northeast Pennsylvania of failing to recognize symptoms of an infection in a developmentally disabled resident.

Details of the Wrongful Death Suit.

The family of Megan Ramsey, who died in the care of the Devereux Pocono Center in July 2014, asked a Pennsylvania federal judge to sign off on the settlement to end allegations that staff failed to detect symptoms of a perforated bowel and infection. According to court records, the patient had suffered from a rare genetic disorder known as Cornelia de Lange syndrome. Her symptoms included slow growth, small stature, gastroesophageal reflux disease, and issues with behavior and communication.

In July 2014, Ramsey complained of shoulder pain, a symptom of bowel perforation, according to the complaint. She was administered a pain reliever and observed to be uncharacteristically irritable and aggressive and was treated with doses of an anti-anxiety medication, the suit said. Ramsey asked staff members to be taken to the hospital. A residential manager at the facility, however, said only to monitor her closely, offer her fluids, and advise nursing staff of any worsening of her symptoms.

She was found dead the next morning.

The Settlement.

The patient’s family filed a pretrial memorandum in September 2017, in which investigations by state agencies resulted in findings of neglect, intentional or reckless failure to provide treatment, and intentional use of a chemical restraint or isolation.

The settlement of $800,000 includes fees for the plaintiff’s counsel of just under $267,000, the filing said. Click here to read the settlement in full.

To read one of my prior blogs about a similar case involving 14 deaths at a Florida nursing home, click here.

Contact Health Law Attorneys Experienced with Nursing Home Cases.

The Health Law Firm and its attorneys represent nursing homes, nursing home employees, mental health facilities and mental health professionals, including psychologists, social workers and mental health counselors, in a number of different matters including incorporation, preparing contracts, defending the facility against malpractice claims, licensing and regulatory matters, administrative hearings, and routine legal advice.

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

Sources:

Fair, Matt. “Pa. Nursing Home Settles Patient Death Suit.” Law360. (December 21, 2017). Web.

The Meyer Law Firm. “Wrongful Death in Nursing Homes.” NursingHomeAbuseGuide.org. (December 22, 2017). Web.

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

KeyWords: Legal representation for nursing home, nursing home defense attorney, legal representation for home health care facilities, home health care defense attorney, legal representation for health care facilities, health care facilities defense attorney, legal representation for American Health Care Association (AHCA) investigations, legal representation for nurses, legal representation for physicians, legal representation for licensure issues, legal representation for U.S. Department of Health (DOH) investigations, employment law defense attorney, legal representation for employment issues, legal representation for patient negligence, legal representation for health care negligence, legal representation for wrongful death suits, legal representation for wrongful death allegations, wrongful death suit defense attorney, legal representation for health care professionals, reviews of The Health Law Firm, The Health Law Firm attorney reviews, health law defense attorney, mental health facility defense counsel, mental health professional defense attorney, psychologist defense counsel and legal representation, social worker legal counsel and mental health counselor defense attorney

“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 © 2018 The Health Law Firm. All rights reserved.