Mental Health Law Blog | The Health Law Firm Blog

Medical Students, Residents and Fellows Should Report Their Disabilities

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

Many do not realize it, but universities, medical schools, graduate medical education (GME) programs and most other educational programs have offices established to assist students who have disabilities. This includes, in most cases, evaluating them, assisting in coordinating treatment, recommending therapists and providing access to psychotherapists for their current students and residents. It is important that students, residents, fellows and their advocates be knowledgeable about their rights and responsibilities.

Although protections exist, the student, resident or fellow, has the responsibility of notifying the institution of a disability and requesting accommodations which may be necessary to compensate […]

By The Health Law Firm|2024-03-14T10:01:10-04:00May 15, 2018|Mental Health Law Blog|

New OIG Guidance Publishes on Permissive Exclusions from Federal Health Care Program Participation May Interest Mental Health Care Professionals

By Miles Indest, J.D./M.B.A candidate at Tulane University: Law Clerk, The Health Law Firm

On April 20, 2016, the U.S. Department of Health and Human Services Office of Inspector General (OIG) released updated non-binding criteria that disclosed when a company or individual can be barred from participating in Medicare, Medicaid, and other federal health care programs.

The OIG has permissive authority to exclude a person or company from participation in federal health care programs for engaging in certain prohibited conduct, such as false claims or kickbacks. The OIG has consistently asserted that there is a presumption in favor of exclusion. The new guidance updates the OIG’s position by stating that its presumption in favor of exclusion is rebuttable in certain situations. Importantly, […]

By The Health Law Firm|2024-03-14T10:01:12-04:00May 15, 2018|Mental Health Law Blog|

It’s Always a Bad Idea For Mental Health Professionals To…

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

In my 30 plus years of practice representing physicians, dentists, nurses and mental health professionals, I have defended clients involved in many different situations. Several of these seem to be problem areas which we see repeatedly.

Following is a list of those problems which it would seem to be common sense for a mental health professional or other health care professional to avoid doing. If you do any of these you can rest assured that you will eventually be confronted with charges and an investigation by your state licensing board, the Drug Enforcement Administration (DEA), your national […]

By The Health Law Firm|2024-03-14T10:01:15-04:00May 15, 2018|Mental Health Law Blog|

Look Professional In Your Correspondence. Don’t Diminish Your Professional Reputation: 30 Tips (Part 1 of 3)

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

I review many letters, e-mails, memoranda, and other types of correspondence prepared by my physician and nurse clients during the course of my legal representation of them. Often this is the result of a dispute with a hospital, a dispute with their peers or the medical staff, a dispute with an insurance company, a law suit filed by a patient, a complaint being investigated by the licensing agency, or another serious legal matter.

In many cases, way too many cases, such correspondence is […]

By The Health Law Firm|2024-03-14T10:01:17-04:00May 15, 2018|Mental Health Law Blog|

Look Professional In Your Correspondence. Don’t Diminish Your Professional Reputation: 30 Tips (Part 3 of 3)

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

This is Part 3 of a 3 part series on this issue.

I continue with my tips for preparing good, professional correspondence.

19. In longer correspondence, use section headings (in bold or underlined) or headings for each issue, to better organize it. Think of these as road signs on a long road. They help the reader to know where he or she is at any given time.

20. When using headers, skip two lines before the header and one line after the header. This helps to set off the new section […]

By The Health Law Firm|2024-03-14T10:01:19-04:00May 15, 2018|Mental Health Law Blog|

U.S. Enforcing Law For Equal Insurance Coverage For Mental and Physical Illnesses

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

On October 27, 2016, President Obama made one more major health care initiative as his presidency comes to an end. The administration is stepping up enforcement of laws that require equal insurance coverage for mental and physical illnesses. Officials are hoping this decision will help combat an opioid overdose epidemic.

Drug Addiction Equal to Mental Illness.

The White House Mental Health and Substance Use Disorder Parity Task Force (Task Force) said that insurers need to understand that coverage for the treatment of drug addiction must be comparable to that for mental health conditions like depression and […]

By The Health Law Firm|2024-03-14T10:01:19-04:00May 15, 2018|Mental Health Law Blog|

Mental Health Counselors, Psychologists, Social Workers and Family Therapists: Be Sure You Carry Insurance to Cover Complaints Against Your Licenses

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

Mental health counselors, psychologists, social workers and family therapists are at high risk of having a client or patient file a complaint against them with their licensing board, as we have learned from experience.

Many of their clients/patients have mental health problems, emotional problems or personality disorders; this is why they are seeing a therapist to begin with. If there is a dispute among the therapist and the client/patient over treatment, diagnosis or other issues, this can easily result in that patient filing a complaint.

We have also […]

By The Health Law Firm|2024-03-14T10:01:20-04:00May 15, 2018|Mental Health Law Blog|

Nursing Home and Hospital Blamed for Woman’s Death

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

On December 1, 2016, the family of a mentally ill woman, Diane Rimert, who died of pneumonia, urged a Texas jury to find a nursing home and a hospital liable for her death. The family alleged that the nursing home neglected her and that the hospital wrongfully recognized a do-not-resuscitate document that she signed while unable to care for herself.

Suffering From Mental Illness.

Rimert lived with severe bipolar disorder and delusions. She lived the last years of her life in a Pennsylvania rehabilitation nursing home after she was arrested and involuntarily committed to a mental hospital.

Rimert Living […]

By The Health Law Firm|2024-03-14T10:01:21-04:00May 15, 2018|Mental Health Law Blog|

Finding Reliable Professional Liability Insurance

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

Many times we have been told by the health professionals we represent, especially advanced registered nurse practitioners (ARNPs), pharmacists, licensed mental health counselors (LMHCs), massage therapists and physical therapists that after they received a complaint regarding their license from the Florida Department of Health (DOH) they had hard time trying to find 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.

Get Insurance Now.

It is very important for every health […]

By The Health Law Firm|2024-03-14T10:01:21-04:00May 15, 2018|Mental Health Law Blog|

Florida High Court Dismisses Hospital Negligence Suit

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

On November 30, 2016, The Florida Supreme Court made the decision to dismiss a negligence suit filed against a hospital over the death of a patient Ashley Lawson. Lawson escaped from Shands Teaching Hospital and Clinic, Inc. The Shands psychiatric hospital is now known as the UF Health Shands Psychiatric Hospital and is located in Gainesville, Florida.

The main legal issue in this case was whether the conduct of the hospital was ordinary negligence or was medical negligence (medical malpractice). In Florida, if the facts alleged constitute a claim for simple negligence, then there are no […]

By The Health Law Firm|2024-03-14T10:01:22-04:00May 15, 2018|Mental Health Law Blog|