Intern | The Health Law Firm Blog

Legally Speaking: Psychologists, Mental Health Counselors, Social Workers and Therapists

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

Supervised by the Board of Psychology and the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, psychologists, Licensed Mental Health Counselors, Clinical Social Workers and Licensed Marriage and Family Therapists are responsible for an important component of patient care: mental health.

Insuring the mental health of a patient does not come without risks. For this reason, every mental health professional should carry professional liability insurance that includes professional license defense coverage (sometimes called disciplinary defense, license defense, administrative hearing coverage or broad coverage). Most often this […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Mental Health Counselor, Psychology, Resident|

Medicare and Medicaid Audits of Psychologists and Other Mental Health Professionals – Part 1

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

Over the past year I have observed an increasing number of Medicare and Medicaid audits being initiated against psychologists and other mental health professionals.

I have recently seen a number of audits initiated against psychologists and mental health professionals who treat assisted living facility (ALF) and skilled nursing facility (SNF) residents. Most often these are audits by the Medicare Administrative Contractor (MAC), because this area of medical practice has been identified as one fraught with fraud and abuse. Sometimes these are only “probe” audits, initial audits requesting one (1) to five […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Medicare Fraud, Mental Health Counselor, Mental Health Counselor Law, Psychology, Resident|

Woman Admits to Defrauding Medicaid For Fake Mental and Behavior Health Services

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

A North Carolina woman pleaded guilty on September 14, 2012, for her involvement in a health care scheme that allegedly defrauded Medicaid from 2008 to 2011 for fake mental and behavior health services. Through this scheme, she allegedly obtained at least $6.1 million in fraudulent reimbursement payments, according to the Federal Bureau of Investigation (FBI).

Click here to see the press release from the FBI.

Medicaid Beneficiaries Were Primarily Children.

An article in the Gaston Gazette stated the former licensed professional counselor, who was enrolled […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Medicaid audit, Mental Health Counselor, Mental Health Counselor Law, Psychology, Resident|

Please, Please, Please Do NOT Talk to the Department of Health (DOH) Investigator

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

Whether you are a psychiatrist, psychologist, licensed clinical social worker, or another type of mental health professional, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with counsel.

Admitting to the Simplest Facts May Harm You.

We are routinely consulted by mental health professionals and other healthcare […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Mental Health Counselor, Mental Health Counselor Law, Mental Health Law Blog, Psychology, Resident|

Medicare Fraud Lands More Than 30 Suspects Behind Bars in South Florida

By Dr. Thu Pham, O.D., Law Clerk

On October 4, 2012, federal authorities arrested 33 suspects in South Florida for allegedly filing fraudulent Medicare claims totaling $205 million. Payment of bribes and kickbacks, as well as payments to patient recruiters were an issue in this investigation.

To read the entire article from the Miami Herald, click here.

Feds Focus on Crackdown of Medicare Fraud Nationwide.

These arrests are part of a nationwide initiative to crack down on theft committed by individuals against Medicare. Peter Budetti, the Medicare anti-fraud czar states that the goal is to catch the fraud before the fraudsters “can successfully bill Medicare.” Previously, fraud was caught only after the funds were disbursed and spent.

[…]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Medicare Audit, Medicare Fraud, Mental Health Counselor, Mental Health Counselor Law, Psychology|

Do Not Voluntarily Relinquish or Give Up Your License or Allow it to Expire While Under Investigation or Pending Disciplinary Action

By Danielle M. Murray, J.D.

Scenario: Psychologist, licensed mental health counselor, or other mental health professional has a license in State 1 where he or she lives and practices and also in State 2. A complaint is filed with the Department of Health, Professional Board, or other licensing authority in State 1.

Rather than incur the legal expenses involved in defending against the complaint in State 1, psychologist, LMHC, or other professional moves to State 2, begins practicing there and voluntarily relinquishes his/her license in State 1.

Unfortunately, in most cases, this is a terrible mistake.

The voluntary relinquishment of the professional license in State 1, while there is a pending complaint, investigation or […]

By The Health Law Firm|2024-03-14T10:01:50-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Mental Health Counselor, Mental Health Counselor Law, Occupational Therapist, Psychology, Resident|

Psychologists: Don’t Fall Victim to Scammers that Call and Claim to be DEA Agents

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

The Drug Enforcement Administration (DEA) is warning psychologists to be aware of a prescription drug scam. This telephone scheme is extorting money from people all over the country. On November 28, 2012, the DEA released a press release explaining the details of the scam.

Details of the Scam.

The scam starts with criminals posing as DEA agents calling victims by telephone. Frequently the victims will have recently purchased prescription drugs over the internet or by phone. The imposters tell the victims that purchasing the drugs in that manner is illegal, and that they must pay a fine. […]

By The Health Law Firm|2024-03-14T10:01:50-04:00May 15, 2018|Clinical Social Worker, Department of Health, Intern, Marital and Family Therapist, Mental Health Counselor, Psychology, Resident|

Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer

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

We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the Florida Department of Health (DOH) they had difficulty finding an experienced attorney in Florida who would accept their professional liability insurance. In this case, I am speaking specifically about Healthcare Providers Service Organization (HPSO) Insurance.

Benefits of HPSO Insurance.

The professionals who are covered by HPSO Insurance have excellent insurance coverage. HPSO Insurance […]

By The Health Law Firm|2024-03-14T10:01:50-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Mental Health Counselor, Occupational Therapist, Psychology, Resident|

Lloyd’s of London (Lloyd’s) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as physicians, nurses, podiatrists, psychologists and other health professionals has received Lloyd’s of London Insurance, has had a legal problem, and has not been able to locate an attorney or law firm that accepts this type of insurance. We have offices in Florida and Colorado, but we have attorneys licensed in Florida, Colorado, Louisiana, the District of Columbia, Virginia and other states. Additionally, we can provide legal advice and representation in license investigations and administrative proceedings in many other states. If you have […]

By The Health Law Firm|2024-03-14T10:01:50-04:00May 15, 2018|Clinical Social Worker, Intern, Marital and Family Therapist, Mental Health Counselor, Occupational Therapist, Psychology, Resident|