About The Health Law Firm

The Health Law Firm concentrates on representing health care providers. Our health law attorneys and paralegals have decades of experience in the legal and health care fields. Our health law attorneys include those Board Certified in Health Law, Masters degree trained, former hospital counsel and licensed health care professionals. Our clients include physicians, dentists, nurses, psychiatrists, psychologists, medical students, nursing homes, home health agencies, hospitals, health insurers, medical groups, durable medical equipment (DME) suppliers, and other health care providers.
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Nurses: You Must Insure Your Legal Protection

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

I have news for you:  You need professional liability insurance!  But you only need the kind that includes professional liability insurance coverage and in the amount of $25,000 or more.

Are you a traveling nurse?  Are you a nurse who works for a hospital or nursing home?  Are you a nurse who works in a doctor’s office?  Are you the nurse telling me:  “I think I have insurance coverage through my employer?”–WRONG!  Not professional license complaint defense insurance. You need to personally purchase your nursing professional liability insurance containing professional […]

By |2024-03-14T09:59:23-04:00August 14, 2023|Nursing Law Blog|
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Nursing Students Sue Florida School For Deceptive NCLEX Scheme

Author Headshot, smiling in dark blue suit with red tie in front of a light tan backgroundBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 2, 2022, 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 […]

By |2024-03-14T09:59:23-04:00August 11, 2023|Medical Education Law Blog|
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Rapper 50 Cent Reaches Settlement with Floridians in Lawsuit Over Fake Penis Enlargement Ad

author headshot standing in dark suit with arms crossedBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 21, 2023, Houston rapper 50 Cent settled a lawsuit with a publication over alleged false penis enlargement claims. The rapper, whose real name is Curtis J. Jackson III, sued The Shade Room LLC using three alternative theories of defamation, per se, per quod, and by implication.

The lawsuit revolved around a website article and social media posts, including a photo of him standing next to Angela Kogan of Perfection Plastic Surgery & Medspa in Florida. Both Kogan and Perfection […]

By |2024-03-14T09:59:23-04:00August 11, 2023|Health Facilities Law Blog|
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States Take Action to Stop Nurses From Certain Schools From Caring For Patients

Author Headshot in dark grey suit and red tie with arms folded smiling in front of dark backgroundBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In late February 2023, multiple states began taking action against licensed practical nurses (LPNs) and registered nurses (RNs) because of the FBI’s “Operation Nightingale.” This is also being pushed by the National Council of State Boards of Nursing (NCBSN). “Operation Nightingale” is a federal investigation into a wire fraud scheme in which a number of now-closed Florida nursing schools allegedly sold phony nursing diplomas and transcripts from 2016 to 2022, which they then used to […]

By |2024-03-14T09:59:23-04:00August 11, 2023|Nursing Law Blog|
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Florida Man Sentenced to 15 Years in Prison for HIV Drug Fraud Scheme;  $230 Million Lost to Fraud

author headshot standing in dark suit with arms crossedBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On June 15, 2023, a United States District Judge sentenced a Florida man to 15 years in prison for his role in an HIV prescription drug fraud scheme that amassed more than $230 million in two years.  The defendant was initially indicted on June 17, 2022, and charged with six counts of conspiracy and money laundering.  Unlike most of the fraud convictions we report on, this one was directed against the U.S. Food and Drug Administration (FDA) and involved adulterating and misbranding drugs.  The defendant pled guilty […]

By |2024-03-14T09:59:24-04:00August 8, 2023|Nursing Law Blog|
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Former Harvard Med School Morgue Director Allegedly Sold Body Parts, Class Action Alleges

Author headshot standing in dark suit with red tie against a dark grey backgroundBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In a morbid but extremely popular class action lawsuit filed on June 16, 2023, illegal body parts sales was alleged. The lawsuit against Harvard University contained allegations that its morgue manager was selling body parts from 350-400 donated cadavers. Many donors have now requested their bodies back.

Family members of the deceased had voluntarily donated the cadavers to the prestigious institution to further the medical and scientific study of the human body.

Massachusetts state law recognizes that […]

By |2024-03-14T09:59:24-04:00August 2, 2023|Health Facilities Law Blog|
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United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

Attorney and Author George F. Indest III HeadshotBy 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 May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus there was no reversible error.
The First Lawsuit.
The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He […]
By |2024-03-14T09:59:24-04:00July 31, 2023|Nursing Law Blog|
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Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony

Author HeadshotBy 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 […]
By |2024-03-14T09:59:24-04:00July 31, 2023|Nursing Law Blog|
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Psychiatric Practice, Owner Agree to Pay $310,000 in FCA Settlement for Employing Doctor on OIG Exclusion List

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

On February 23, 2022, a psychiatric practice and its owner agreed to pay $310,874 to resolve allegations they improperly hired and employed a physician who was excluded from federal healthcare programs. The physician who was hired was on the OIG’s exclusion list, the “List of Excluded Individuals and Entities” (LEIE). As a result, the government took the position that claims for services the physician provided filed against government programs were illegal pursuant to the false Claims Act (FCA). Details were disclosed in a Press Release by the U.S. Attorney for the District of Connecticut.

Geriatric […]

By |2024-03-14T09:59:24-04:00July 31, 2023|Nursing Law Blog|
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Medicare Revocation and the Collateral Damage It Can Cause Health Care Providers

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many healthcare professionals are unaware of the adverse long-term collateral effects of Medicare revocation or exclusion on their careers and future employment. However, if you are a physician, dentist, nurse, mental health counselor, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist, or other licensed health professional whose license is revoked or suspended, there may still be hope.
Lasting Consequences of Medicare Revocation. 
A revocation or exclusion from Medicare is often a severe consequence of license discipline on a professional license and can devastate a provider’s career. The Centers for Medicare & […]
By |2024-03-14T09:59:24-04:00July 26, 2023|Pharmacy Law Blog|
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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A.
The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 2024 The Health Law Firm. All rights reserved.
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