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HHS OIG Release of New “General Compliance Program Guidance” Provides Valuable Insight on Prevention of Health Care Fraud, Waste, and Abuse

By Michelle E. Missigman, J.D.

On November 6, 2023, the U.S. Department of Health and Human Services (HHS), Office of the Inspector General (OIG), released 91 pages of “General Compliance Program Guidance” (GCPG) on its website. This is the first compliance program guidance the OIG has released since 2008. The GCPG provides general compliance guidance, tools, and references for use by federal health care program providers.

This new guidance brings together many resources and links, making it a valuable and easy-to-read tool to keep on hand for any professional working within the healthcare industry.

The GCPG covers the following topics:

I. Introduction

The GCPG provides a thorough introduction to the OIG’s history and commitment to preventing health care fraud an abuse. It provides a roadmap for how the OIG intends to modernize and improve its publicly available resources. The OIG’s goal is to continue producing these resources, deliver information to the public in a user-friendly […]

By Amanda I. Forbes, J.D.

Starting in 2020 and throughout the COVID-19 pandemic, tele-behavioral health services, also known as “e-counseling,” rapidly expanded. Because individuals were quarantined or fearful to venture out, remote mental health care services became very popular among patients. A study published in The Journal of the American Medical Association (JAMA), including 36 million working-age individuals, revealed that tele-health services increased by 766% in the first three months of the pandemic.

Thanks to remote services like tele-behavioral health, the doctor’s “house call” is making a comeback; but instead of ringing the doorbell, your doctor will be ringing your smartphone.

What is Tele-behavioral Health?

The National Institute of Mental Health defines telebehavioral health as “the use of telecommunications or videoconferencing technology to provide remote mental health services.” Providers can use video conferencing, text messaging, or smartphone apps. Additionally, many different types of behavioral […]

By The Health Law Firm|2024-03-14T09:59:14-04:00January 2, 2024|Categories: Mental Health Law Blog|Tags: administrative complaint defense attorney, administrative complaint defense lawyer, administrative hearing defense counsel, administrative hearing defense lawyer, Board of Mental Health defense lawyer, Board of Psychology legal representation, complaint investigation defense counsel, defense lawyer for psychologists, Florida Department of Health (DOH) complaint investigation defense attorney, Florida health law defense attorney, Florida tele-medicine and tele-health, health care reform defense lawyer, Healthcare Providers Service Organization (HPSO) Insurance defense attorney, HPSO Insurance defense attorney for mental health counselor, informal administrative hearing defense attorney, legal guidance for tele-medicine practice, legal representation for psychiatrists and licensed professional counselors, legal representation for virtual healthcare, license professional counselor defense lawyer, licensed professional counselor (LPC) legal representation, mental health counselor defense attorney near me, mental health counselor defense lawyer, mental health counselor legal representation, representation for psychiatric nurse practitioners, representation for social workers, representation in complaint investigations, reviews of The Health Law Firm attorneys, social worker complaint cases, social worker defense attorney, social worker defense lawyer, The Health Law Firm reviews, violation of Chapter 491 defense attorney|Comments Off

Types of Disciplinary Actions Taken By the Board of Massage Therapy

By Castillana F. Duvernay, J.D.

The Florida Board of Massage Therapy can take disciplinary actions against you and your massage establishment if you are not adhering to the rules and regulations set forth by the Board of Massage Therapy and the statutes that govern the practice of massage.

We see common themes and issues that arise at Board of Massage Therapy meetings. This blog will highlight some of these issues and provide tips on how you can avoid being disciplined.

The Practice Act for Massage Therapists Requires Disclosure of Prior Disciplinary History.

If you did not disclose your prior disciplinary history (prior criminal conviction, prior discipline on a professional license) on your application, this may subject you to an administrative complaint by the Florida Department of Health and the Board of Massage Therapy.

Not disclosing disciplinary history information is a violation of Section 480.046(1)(p), Florida Statutes, and Section […]

From the archives: From the archives: Are You Applying for a Dental or Health Professional License? Read Our Helpful Tips

Previously published on October 6, 2022
Previously published on July 12, 2021

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

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

Here is a List of Examples That Would Delay Your Dental License Application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional […]

Mental Health Counselors and Psychotherapists: Simple Rules for Keeping Your License and Avoiding Complaints

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

I represent many mental health counselors, social workers, psychologists, and professional counselors, defending them on complaints being investigated against their professional licenses. Many complaints and investigations arise because the therapist has strayed over the line and crossed the therapist-client boundary. In reviewing these cases, I have drawn up a list of a few simple “bright line” rules that can help save you many hours of stress and mental anguish as well as thousands of dollars in attorney’s fees and costs defending yourself

These “rules” may seem to be common sense, but there they are, anyway:

1. DO NOT ever meet the client at […]

By The Health Law Firm|2024-03-14T09:59:15-04:00December 27, 2023|Categories: Mental Health Law Blog|Tags: administrative complaint defense attorney, administrative complaint defense lawyer, administrative hearing defense counsel, defense lawyer for psychologists, Department of Regulatory Agencies (DORA) complaint investigation defense counsel, Department of Regulatory Agencies (DORA) defense attorney, Department of Regulatory Agencies (DORA) investigations administrative hearing defense lawyer, Florida Board of Medicine hearing defense attorney, Florida Department of Health (DOH) attorney, Florida health law defense attorney, Healthcare Providers Service Organization (HPSO attorney, informal administrative hearing defense attorney, legal representation for psychiatrists, licensed professional counselor (LPC) defense attorney, licensed professional counselor (LPC) legal representation, medical license defense, mental health counselor defense lawyer, mental health counselor legal representation, representation for administrative complaint hearings, representation for administrative hearings, representation for Department of Health (DOH) complaint investigations, representation for health care professionals, representation for licensed mental health counselors (LMHCs), representation for psychiatric nurse practitioners, representation for social workers, representation in complaint investigations, reviews of The Health Law Firm attorneys, social worker complaint cases, social worker defense attorney, social worker defense lawyer, The Health Law Firm reviews|Comments Off

Top 5 Reasons Professional Counselors and Psychotherapists Receive Complaints Against Their Licenses; What to Do to Prevent It

By Michelle E. Missigman, J.D., Attorney, The Health Law Firm

What is a Licensure Complaint?

A licensure complaint against a professional counselor, mental health counselor, or other psychotherapist is usually initiated by the filing of a complaint with the professional board or other regulatory authority. Although some states authorize the licensing board to investigate and resolve such complaints, in other states, there may be an “umbrella” agency that receives them and investigates them. For example, in Florida, the Florida Department of Health (or “DOH”) will receive and investigate complaints. In Colorado, the Division of Regulatory Agencies (or “DORA”). In Washington, D.C., the D.C. Department of Health (or “DC Health”), receives and investigates them.

Regardless, you will receive written notification, usually via U.S. mail, that an investigation has been opened against you. This is a major reason that you must keep your physical address and e-mail address […]

COVID-19 Burn Out Causing More Resident Physicians to Unionize, Part 2

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

This is part two of a blog series focusing on the effects of COVID burnout in healthcare professionals. Don’t forget to read part one.

The Problem With Residents’ Working Conditions Existed Long Before the Pandemic.

It’s common for resident physicians to work long hours for relatively low pay. They have little or no ability to determine their schedule and are generally locked into positions for up to seven years. Certainly, medical residents have voiced concerns about their work lives long before the pandemic. Some describe years of grueling schedules, sometimes with 24-hour shifts, including 80-hour workweeks. “Residents were always working crazy hours, then the stress of the pandemic hit them really hard,” John August, a […]

By The Health Law Firm|2024-03-14T09:59:17-04:00November 11, 2023|Categories: Health care Law, Medical Education Law Blog|Tags: appeal of termination by residency program attorney, CCC hearing defense attorney, graduate medical education (GME) program appeal attorney, graduate medical education GME program hearing attorney, legal counsel in graduate medical education (GME) dispute, legal counsel in termination by residency program, legal defense attorney for resident CCC hearing, legal representation for residency fellowship program, legal representation for residency program discrimination, legal representation in residency program adverse action, legal representation in residency program contract termination defense counsel, medical school litigation legal counsel, residency fellowship program hearing attorney, residency fellowship program termination hearing lawyer, residency program adverse action appeal attorney, residency program adverse action defense attorney, residency program contract termination defense attorney, residency program grievance attorney, residency program legal dispute attorney, residency program litigation attorney, resident physician defense attorney, resident physician suspension probation defense attorney, reviews of The Health Law Firm attorneys, The Health Law Firm reviews|Comments Off

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 June 21, 2023, the Iowa Court of Appeals overturned the verdict in a nursing home negligence case that awarded $6 million in compensation and damages to the plaintiff. The case was reversed and remanded for a new trial because the trial court judge admitted inadmissible hearsay testimony into evidence. The testimony being appealed was that of staff members who claimed to have heard “reports” and “rumors” of alleged abuse by a nurse on staff toward not only the resident in question but other residents.

Hearsay in Iowa law is defined as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered to prove the truth of the matter asserted.” […]

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

In representing nurses and other licensed health professionals, we constantly discuss positive drug screenings, usually from employer-ordered drug testing, with our clients. These clients include nurses, pharmacists, dental professionals, mental health counselors, therapists, etc. Often these individuals need to remember that if they apply for a job with a new employer or are working for a large corporation or the government, they are subject to employer-ordered drug screenings. Most problems arise when the professional has applied to a hospital or a placement agency for work in a hospital and they must submit to a pre-employment drug test.

The client often contends that the result is a false positive and that some other substance must be responsible for it.

A positive result for any drug for which you do […]

16 Tips For Health Professionals to Avoid Sexual Harassment Complaints & Allegations

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

Throughout my decades of representing health care professionals, I have seen cases where an economic competitor of a physician generated false sexual harassment complaints to eliminate competition. I have seen cases where an ex-employee invented false allegations of sexual harassment after that employee was caught embezzling money from the employer. There have been cases where administrative and nursing staff have conspired to create complaints against a demanding and unpopular physician in a hospital setting. Therefore, I am never surprised when a physician claims they are the subject of a fabricated sexual harassment complaint and contacts me seeking a consultation.

As a result, I have come up with a list of tips that any individual health professional should follow to avoid such complaints and allegations.

Below are helpful […]

By The Health Law Firm|2024-03-14T09:59:17-04:00October 22, 2023|Categories: Medical Education Law Blog|Tags: administrative complaint defense attorney, administrative hearing defense lawyer, Board of Mental Health defense lawyer, Florida Department of Health (DOH) attorney, informal administrative hearing defense counsel, legal defense in professional license complaint Louisiana Florida District of Columbia (D.C.), legal representation for administrative complaint, legal representation for allegations of sexual harassment Louisiana Florida District of Columbia (D.C.), legal representation for board investigations, legal representation for licensed mental health counselors (LMHCs) in Louisiana Florida District of Columbia (D.C.), Louisiana Florida District of Columbia (D.C.) board of medicine nursing hearing defense attorney, Louisiana Florida District of Columbia (D.C.) health law defense attorney, Louisiana Florida District of Columbia (D.C.) informal administrative hearing defense attorney, professional license investigation defense lawyer, reviews of The Health Law Firm attorneys, The Health Law Firm reviews|Comments Off

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HHS OIG Release of New “General Compliance Program Guidance” Provides Valuable Insight on Prevention of Health Care Fraud, Waste, and Abuse

Types of Disciplinary Actions Taken By the Board of Massage Therapy

From the archives: From the archives: Are You Applying for a Dental or Health Professional License? Read Our Helpful Tips

COVID-19 Burn Out Causing More Resident Physicians to Unionize, Part 2

Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony

Medications and Other Substances that Mimic Prohibited Drugs on Urinalysis Drug Tests (Part 1 of a Blog Series)

16 Tips For Health Professionals to Avoid Sexual Harassment Complaints & Allegations