Mental Health Law Blog | The Health Law Firm Blog

Massachusetts Mental Health Centers Submitted False Claims According to Suit

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

On January 5, 2018, the state of Massachusetts lodged a False Claims Act (FCA) suit in federal court against the operators of a number of mental health centers. In the suit, it is alleged that they improperly billed the state Medicaid program for services provided by unlicensed, unqualified and unsupervised employees.

The complaint seeks to recover MassHealth’s payments to South Bay Mental Health Center Inc. and its subsequent owners for claims they knew were false. Allegedly, they billed for services provided by unlicensed social workers who weren’t properly supervised even though it violated […]

By The Health Law Firm|2024-03-14T10:01:27-04:00May 15, 2018|Mental Health Law Blog|

Doctors, Nurses and Health Care Professionals Take Heed: It is Always a Bad Idea 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 health care professionals, I have defended clients involved in many different situations. Several of these seem to be problem areas which we see repeatedly. The following is a list of those problems which it would seem to be common sense for a physician or other health care professional to avoid doing.

I can assure you, it is always a bad idea for a physician or other health care professional to:

1. Write a prescription for any medication for yourself.

2. Start a romantic […]

By The Health Law Firm|2024-03-14T10:01:27-04:00May 15, 2018|Mental Health Law Blog|

20 Tips to Help You Survive Facing Peer Review for Your Hospital Clinical Privileges-Part 2 of 2

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

In Part 1 of this blog I began a list of tips that should serve you well if you are notified by your hospital or medical staff that you are the subject of an internal or external peer review action. Click here to read Part 1.

20 Tips For Successful Outcome in Peer Review (Continued):

10. If you are given the opportunity to meet with the reviewers or provide information to them, do so. If you haven’t been offered this, ask for it in writing.

11. Make sure any written response is provided in a […]

By The Health Law Firm|2024-03-14T10:01:27-04:00May 15, 2018|Mental Health Law Blog|

Federal Judge Dismisses Former NFL Player’s Marijuana Decriminalization Suit

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

On February 26, 2018, a New York federal judge dismissed a former NFL star’s suit demanding decriminalization of medical marijuana. U.S. District Judge Alvin K. Hellerstein said the Second Circuit has already determined that Congress had a rational basis to classify marijuana as a Schedule I drug.

Schedule I drugs are those drugs that allegedly have no known currently accepted medicinal use and have a high potential for abuse. Marijuana is right up there with LSD and heroin (15,466 heroin overdose deaths in 2016).

The Fight to Decriminalize Marijuana.

The suit brought by Super Bowl […]

By The Health Law Firm|2024-03-14T10:01:28-04:00May 15, 2018|Mental Health Law Blog|

Cardiologist Faces HIPAA Privacy Violation Charges for Over Sharing Patient Information

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

On February 26, 2018, a pediatric cardiologist was charged with wrongfully disclosing protected patient health information in Massachusetts federal court. Prosecutors alleged that in 2013, Dr. Eduardo Montaña disclosed patient data to representatives of Aegerion Pharmaceuticals.

The Alleged HIPAA Privacy Violations.

Prosecutors said that Dr. Montaña violated the Health Insurance Portability and Accountability Act (HIPAA) by sharing electronic medical records and prescription forms with representatives of Aegerion in 2013 without patient permission. He also allegedly gave his personal access code for an electronic medical records system to an Aegerion representative in March 2013 so the employee could review […]

By The Health Law Firm|2024-03-14T10:01:28-04:00May 15, 2018|Mental Health Law Blog|

Illinois Implements New Regulations That Allow Psychologists to Prescribe

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

Illinois clinical psychologists can now obtain licenses to prescribe medications for mental conditions under new regulations passed by the state. The new regulations issued by the Illinois Department of Financial and Professional Regulation (IDFPR) took effect in October 2017.

Psychologists traditionally have not had the authority to write prescriptions for medications, except in a very few states. Therefore, their patients have been unable to obtain psychotropic medications to treat their mental illnesses without seeing a physician, or in some cases a nurse practitioner or physician assistant with prescribing authority. This makes such treatment […]

By The Health Law Firm|2024-03-14T10:01:28-04:00May 15, 2018|Mental Health Law Blog|

Jeff Sessions Threatens Legalized Marijuana by Reversing Obama-Era Policy

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

On January 4, 2018, Attorney General Jeff Sessions rolled back an Obama-era policy of refraining from prosecuting marijuana businesses and individual users in states that have legalized the drug for medicinal or recreational use. The U.S. Department of Justice (DOJ) announced this, calling the move a “return to the rule of law.”

Marijuana Criminalization.

Jeff Sessions announced the decision in a memo sent to all U.S. attorneys that highlighted marijuana’s continued criminalization under federal law. In the memo, he labeled previous DOJ guidance discouraging enforcement as “unnecessary” and “rescinded, effective immediately.”

“It is the mission of the Department of […]

By The Health Law Firm|2024-03-14T10:01:28-04:00May 15, 2018|Mental Health Law Blog|

New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!

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

On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, references “vast reams” of government agency guidance explaining the government’s views and interpretation of various laws. It includes laws related to requirements for accurate billing of Medicare and Medicaid by healthcare providers.

The “Brand Memorandum.”

In the memo, Brand said the DOJ “may not use its enforcement authority to effectively convert agency guidance documents into binding […]

By The Health Law Firm|2024-03-14T10:01:28-04:00May 15, 2018|Mental Health Law Blog|

Florida Psychiatrist Fined $5,000 By Board of Medicine After Jail Inmate’s Suicide

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
An psychiatrist in Ocala, Florida was fined $5,000 by the Florida Board of Medicine after a patient brought in for evaluation in 2012, later committed suicide in jail. The psychiatrist, Marc Weinbaum (M.D.), is being disciplined by the Florida Board of Medicine for allegedly failing to evaluate and assess the patient as a suicide risk.
The inmate was originally arrested and brought to The Vines in Ocala under Florida’s Baker Act, a law that authorizes involuntary mental health evaluation and treatment for up to 72 hours if there is a credible suicide […]

By The Health Law Firm|2024-03-14T10:01:51-04:00May 15, 2018|Mental Health Law Blog|

Investigation of Student Substance Abuse Counseling Center Leads to 40-Count Indictment in Alleged $50 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

An investigation of a Long Beach, California-based counseling center, formerly known as Atlantic Recovery Services (ARS), revealed troubling allegations which reportedly cost the government nearly $50 million in bogus claims. The allegations resulted in an indictment charging eight defendants (all former employees of ARS) with health care fraud and aggravated identity theft.

Another eleven defendants have already pleaded guilty to health care fraud charges stemming from the same long-running ARS scheme, and one other defendant has pleaded guilty to making a false statement affecting a health care program. Those twelve defendants are […]

By The Health Law Firm|2024-03-14T10:01:51-04:00May 15, 2018|Mental Health Law Blog|