Final Rule Amending 42 CFR Part 2 on Substance Use Disorder Confidentiality by HHS

Attorney and author headshotBy: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In 2024, the U.S. Department of Health and Human Services (HHS) released a Final Rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations (42 CFR Part 2). The rule helps to ensure that healthcare providers have more complete information when treating patients with substance use disorders, and also attempts to bring the CFR Rule into alignment with Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulation.

Overview of the New Regulation.

The bipartisan Coronavirus Aid, Relief, and Economic Security Act (CARES […]

By |2024-08-06T15:20:56-04:00August 20, 2024|Marijuana Law Blog|
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DOJ’s New Wanted Poster Rewards Program for Whistleblowers Mimics Old West

Author headshot standing with arms crossed leaning By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Deputy U.S. Attorney General (DAG), Lisa Monaco, announced during her keynote speech at the American Bar Association’s 39th National Institute on White Collar Crime that the Department of Justice would be implementing a new whistleblower rewards program. According to Ms. Monaco, this new rewards program is inspired by traditional law enforcement incentives, along with “Wanted” posters, just like in our history of the “wild-west.”

DAG Monaco explained that any individual who aids the DOJ in discovering “significant corporate or […]

By |2024-08-06T15:47:58-04:00August 6, 2024|The Health Law Firm Blog|
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HHS Final Substance Use Disorder Confidentiality Rule Amending 42 CFR Part 2

Attorney and author headshotBy: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In 2024, the U.S. Department of Health and Human Services (HHS) released a Final Rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations (42 CFR Part 2). The rule helps to ensure that healthcare providers have more complete information when treating patients with substance use disorders, and also attempts to bring the CFR Rule into alignment with Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulation.

Background on the New Rule.

The bipartisan Coronavirus Aid, Relief, and Economic Security Act (CARES […]

By |2024-08-06T15:12:27-04:00August 6, 2024|Health Facilities Law Blog|
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Nurses: Contact an Experienced Health Law Attorney Before Signing an IPN Contract

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

The Impaired Practitioner Program for Nurses, formerly known as the Intervention Project for Nurses or “IPN,” was established via legislative action in 1984 to assist, treat and monitor impaired nursing professionals.  This impairment may be the result of drug abuse, alcohol abuse, mental impairment or physical illness.

Allegations of Nurse Impairment Reported to IPN.

The IPN is currently authorized by the Florida Legislature as set forth in Section 456.076, Florida Statutes.  IPN becomes involved with a nurse when an allegation of impairment is made regarding a […]

By |2024-07-29T12:55:19-04:00July 29, 2024|IPN, Nursing Law Blog|
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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

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 in December 2022, was filed in Federal Court in West Palm Beach. The plaintiffs are demanding to have their loans canceled and payments refunded […]

By |2024-07-29T16:30:50-04:00July 27, 2024|Nursing Law Blog|
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Florida Surgeon, Device Company Owner Arrested For Paying Bribes, Kickbacks

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

On September 7, 2021, federal prosecutors announced the arrest of a Florida surgeon and owner of device company SpineFrontier Inc on charges of bribing surgeons to use products by paying sham consulting fees.

Accused in an indictment in Boston federal court for violating the federal Anti-Kickback Statute (AKS) and conspiracy to commit money laundering, is the company’s founder and CEO from Florida. Also charged in the indictment were the company’s chief financial officer from Massachusetts and the device company itself. The charges of AKS violations carry a maximum prison sentence of 10 years, while the money […]

By |2024-10-22T14:22:20-04:00July 15, 2024|Health Facilities Law Blog, In the Know|
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Florida Surgeon Handed Seven Years in Prison for $28 Million Health Care Fraud Scheme

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

On November 18, 2021, a Tallahassee surgeon was sentenced to seven years in federal prison for committing health care fraud, conspiracy to commit health care fraud, and aggravated identity theft. The scheme involved performing hundreds of medically unnecessary, invasive surgical procedures on his patients.

The defendant, a dual citizen of the United States and Ghana, pled guilty to all 58 counts against him in federal court on December 18, 2020. Jason R. Cody, Acting United States Attorney for the Northern District of Florida, announced the sentence. Read more about the […]

By |2024-07-12T20:00:04-04:00July 14, 2024|Health Facilities Law Blog, In the News|
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Humana Agrees To Pay $11.2 Million Settlement in Nursing Overtime Suit

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

On September 27, 2021, Humana agreed to pay $11.2 million to end claims that the health insurance company denied a group of nurses overtime pay by misclassifying them as exempt employees. A Wisconsin federal judge approved the deal with Humana, and a group of more than 200 nurses reached, securing a $36,000 average payment for each nurse involved in the suit.

A Violation of the Fair Labor Standards Act (FLSA).

This dispute stems from a class-action lawsuit filed in 2017 alleging that Humana misclassified its clinical nurse advisers as exempt employees and denied them overtime compensation, violating […]

By |2024-07-30T09:08:16-04:00July 14, 2024|Pharmacy Law Blog|
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Texas Hospital’s Vaccination Mandate For COVID-19 Upheld by Federal Court

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

As some states lift COVID-19 restrictions, the business community is still grappling with the dynamic between the COVID-19 vaccine and workplace operations. To address this, some U.S. employers have elected to adopt mandatory vaccination policies. These policies, in essence, require that, subject to a few exceptions, all employees must receive the COVID-19 vaccine as a condition of continued employment.

Not surprisingly, we see various legal challenges to mandatory COVID-19 vaccination policies across the country. On June 12, 2021, a federal court in Texas became the first to rule on the permissibility of such policies […]

By |2024-07-09T20:00:57-04:00July 11, 2024|Dental Law Blog|
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Finding a Lawyer Who Takes CPH & Associates Insurance

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

Our firm often gets calls from nurses and other health professionals who retain us to represent them in complaints against their licenses or in professional licensing complaints and investigations. This includes investigation letters from the Florida Department of Health (DOH), D.C. Health or Louisiana State Board. It also includes notices of hearing, administrative complaints, proposed Consent Orders, emergency restriction orders (EROs), and emergency suspension orders (ESOs). In many cases they had good insurance coverage with CPH & Associates (CPH&A) Insurance, but could not find an attorneys that accepted it or forgot that they had coverage.

Often adverse […]

By |2024-07-29T16:41:48-04:00July 7, 2024|Nursing Law Blog|
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