President of Miami-Based Medical Transportation Company Convicted For His Role in $70M 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 Friday, a Florida federal jury convicted the president of a Miami-based transportation company of helping coordinate the payment of illegal kickbacks in a $70 million health care fraud scheme. The scheme involved three Miami mental health facilities.

Conspiracy to Pay Health Care Kickbacks.

According to the U.S. Department of Justice (DOJ), Damian Mayol, president of Transportation Services Providers Inc., was convicted of one count of conspiracy to pay health care kickbacks. Mayol used the company to coordinate the illegal kickbacks to recruiters, who then referred patients to three clinics: R&S Community Mental Health Inc., St. Theresa Community […]

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

CONSTITUTIONAL LAW: Involuntary Commitment Scheme Violates Due Process

Our guest author of this is article is John Stone, a Senior Attorney with National Legal Research Group in Charlottesville, Virginia.
A state must release a person who is involuntarily committed if the grounds for his commitment no longer exist. See O’Connor v. Donaldson, 422 U.S. 563, 574-75 (1975); cf. Jackson v. Indiana, 406 U.S. 715, 738 (1972) (“[D]ue process requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed.”). If the requirement to release the committed when they deserve to be let out is to have any meaning, a state must also periodically review whether the grounds […]

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

Three Central Floridians Charged in Medicaid Fraud Involving Stolen Student Identities and False Mental-Health Diagnoses

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 19, 2016, three individuals from Central Florida were arrested and charged in a Medicaid fraud case using the stolen identities of students and false mental-health evaluations, according to the Florida Attorney General’s Office. The three allegedly assisted Orlando-based companies to defraud Medicaid out of more than $500,000 for services that were never rendered. The companies that were fraudulently billed were Revive Athletics, Divine Consulting and Durden Consulting, according to the Attorney General’s Office.

The Details of the Scheme.

One of the arrested was the head of an Orange County Schools mentoring program, Young Men […]

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

Walgreens To Expand Mental Health Services to Raise Awareness

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

On May 10, 2016, Walgreens announced it will expand mental health services, including access to behavioral health treatment via telemedicine, to expand customer options for treatment, screenings and awareness. To improve overall mental health treatment, Walgreens will offer access to 1,000 therapists and psychiatrists via Breakthrough, an MDLive telemedicine company. Walgreens recently began a relationship with MDLive, a telemedicine company, to provide customers with around-the-clock access to physicians, as well as Mental Health America.

Mental Health Conditions.

According to the National Alliance on Mental Illness, about one in five Americans suffers mental health conditions, which is greater than […]

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

Holding off a Professional License Revocation or Suspension During Appeal

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

If you are a physician, dentist, nurse, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. As a matter of course, you would be required to immediately stop practicing or risk being prosecuted for unlicensed practice, which is a felony. Although this blog deals with Florida law, similar relief may be available in other states, too.

One of the hardest things about having a license suspended or revoked is that it becomes effective immediately, whether there was a mistake, the […]

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

Gunman Accused of Killing Two at Titusville Hospital Was Waiting For Mental Health Evaluation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
The gunman accused of shooting and killing two women at a Titusville hospital on July 17, 2016, was awaiting a court-ordered mental evaluation, according to authorities. The gunman, David Owens, had a long history of mental health problems and it is believed that he sought help over eight times. That exam was still pending when he shot and killed two people at Parrish Medical Center.

Long-Term Care for Mentally Ill.

The gunman’s mother told authorities that she had been trying to get her mentally ill son long-term care for years. She claimed he talked of killing and that […]

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

U. S. Surgeon General Names Mental Health Third “Critical Pillar” Of Wellness and Health

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
In a recent interview, U. S. Surgeon General Vivek Murthy said that mental health is the third “critical pillar” of wellness, along with nutrition and exercise. In Murthy’s role as Surgeon General, it is his responsibility to provide Americans with the best information for maximizing their heath in every way possible. That’s exactly why Murthy has made emotional well-being a priority during his tenure, emphasizing that emotional wellness is just as important as physical wellness.

Three Critical Pillars.

According to Murthy, nutrition and exercise are the “two critical pillars” when it comes to health and wellness. But the […]

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

Compromised Physician or Health Care Provider Identities

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

Do you know what a “compromised physician” or “compromised health provider” is?  It may not be what you think it is.

The term is used seldom to allude to doctors, health professionals and health facilities whose identities and billing numbers have been stolen and have been or are being utilized by convicts to falsely bill Medicaid, Medicare, Tricare and health care coverage programs for services never rendered.

Stolen Medical Identities

Once in a while, these “compromised healthcare providers” have their identifying information ordered into lists which are sold or exchanged from one criminal to the next. This may wind […]

By |2024-03-14T10:01:52-04:00May 15, 2018|Mental Health Law Blog|

Record High False Claims Act Settlement Reached: Nursing Home Chain Will Pay $145M To End FCA

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

The U.S. Department of Justice (DOJ) announced on October 24, 2016 that Life Care Centers of America will be paying $145 million to end False Claims Act (FCA) litigation that alleged the company entered false claims to Medicare for rehabilitation therapy services that were unnecessary.  This payout is a FCA record high for the nursing industry and DOJ claims it is the one of the largest in the Department’s history.

Who Blew The Whistle?

Glenda Martin and Tammie Taylor, the two whistle blowers and former employees of Life Care, will be splitting the $29 million cut of the […]

By |2024-03-14T10:01:52-04:00May 15, 2018|Mental Health Law Blog|

Look Professional In Your Correspondence. Don’t Diminish Your Professional Reputation: 30 Tips (Part 2 of 3)

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

This is Part 2 of a 3 part series on this issue.

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

5. Use titles or honorifics.  In the “business address” of your correspondence, always use the complete name of the person to whom you are writing (if known) together with that person’s honorific or professional title (e.g., Mr., Ms., Dr., Nurse, Prof., Dean, etc.).  This shows both respect and professionalism.

6. Always use the complete mailing address, including title, of the person to whom you are sending it.  In the business address […]

By |2024-03-14T10:01:52-04:00May 15, 2018|Mental Health Law Blog|
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