Health Facilities Law Blog | The Health Law Firm Blog

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

By: 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 The Health Law Firm|2024-08-06T15:12:27-04:00August 6, 2024|Health Facilities Law Blog|

Florida Surgeon, Device Company Owner Arrested For Paying Bribes, Kickbacks

By 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 The Health Law Firm|2024-10-22T14:22:20-04:00July 15, 2024|Health Facilities Law Blog, In the Know|

Florida Surgeon Handed Seven Years in Prison for $28 Million Health Care Fraud Scheme

By 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 The Health Law Firm|2024-07-12T20:00:04-04:00July 14, 2024|Health Facilities Law Blog, In the News|

NY Court Says Doctor Can Subpoena Yelp for User Info in Defamation Suit

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

On October 7, 2021, the United States District Court for the Southern District of New York ruled that Yelp is subject to a subpoena to reveal the names of anonymous users who left negative reviews for a doctor and his medical practice. The federal court judge found that the statements in the reviews made on Yelp contained factual claims that the doctor did have a legal right to contest in court. This is a factor that is usually missing in such cases. Accordingly, a motion for expedited discovery filed by the plaintiff physician was granted by […]

By The Health Law Firm|2024-06-23T20:00:12-04:00June 25, 2024|Health Facilities Law Blog|

DOJ Withdraws Outdated Antitrust Policy Statements For Healthcare Industry; “Safety Zones” Abolished

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

On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three “outdated” antitrust policy statements applicable to healthcare markets. These have been in effect and relied upon for decades by those in the healthcare industry. According to a statement it issued, the Division determined that withdrawing the three statements is the best course of action for promoting competition and transparency.

Over the past three decades since this guidance was first released, the healthcare landscape has changed significantly. As a result, the statements are overly […]

By The Health Law Firm|2024-06-21T20:00:19-04:00June 23, 2024|Health Facilities Law Blog|

25 Charged in Massive Fake Nursing Diploma Scheme in Florida

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

On January 25, 2023, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) launched a multi-state coordinated law enforcement action to apprehend individuals engaged in a scheme to sell false and fraudulent nursing degree diplomas and transcripts. The enforcement action resulted in the execution of search warrants in Delaware, New York, New Jersey, Texas, and Florida. 25 individuals have been charged in the Southern District of Florida for their alleged participation in a fraud scheme that created an illegal licensing and employment shortcut for aspiring nurses.

The defendants include “owners, operators, and […]

By The Health Law Firm|2024-05-22T20:02:01-04:00May 24, 2024|Health Facilities Law Blog|

Manager of Dental Office Sentenced to Prison for Defrauding Medicaid Out of More Than $813,000

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

On October 1, 2021, a former dental office manager was sentenced to 12 months in prison for her role in a Medicaid fraud scheme. Mahsa Azimirad, was the office manager for Universal Smiles, a D.C.-based dental practice, according to the U.S. Attorney’s Office for Washington, D.C.

She was indicted in January 2019, along with the dentist who ran the practice. The dentist pleaded guilty in May 2021 in the U.S. District Court for the District of Columbia and reportedly admitted that she received over $813,000 through false billings.

The Fraudulent Billing Scheme.

Both the office manager and […]

By The Health Law Firm|2024-05-19T20:00:19-04:00May 21, 2024|Health Facilities Law Blog|

Humana Health Insurer To Pay $11.2 Million to End Nurses’ 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 The Health Law Firm|2024-05-12T20:00:12-04:00May 14, 2024|Health Facilities Law Blog|

Texas Hospital’s COVID Vaccination Mandate Upheld by Federal Court

By 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 The Health Law Firm|2024-05-11T20:00:36-04:00May 13, 2024|Health Facilities Law Blog|

Florida Pharmacy Sues Claiming HHS Wrongly Terminated it from Federal PrEP Program

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

On March 25, 2024, a pharmacy in Celebration, Florida, alleged HHS abruptly terminated it from a federal program that provides free access to preexposure prophylaxis HIV-prevention (PrEP) medication. Turner Brothers Inc., which does business as Turner Drugs, filed a motion in its lawsuit in the U.S. District Court for the District of Columbia for a temporary restraining order and preliminary injunction. In the motion, Turner Drugs asked a D.C. federal judge to force the U.S. Department of Health and Human Services (HHS) and two contractors to reinstate it to […]

By The Health Law Firm|2024-04-09T13:26:15-04:00May 9, 2024|Health Facilities Law Blog|