Nursing Law Blog | The Health Law Firm Blog

Nurses: Contact an Experienced Health Law Attorney Before Signing an IPN Contract

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

The Impaired Practitioner Program for Nurses, formerly known as the Intervention Project for Nurses or “IPN,” was established via legislative action in 1984 to assist, treat and monitor impaired nursing professionals. This impairment may be the result of drug abuse, alcohol abuse, mental impairment or physical illness.

Allegations of Nurse Impairment Reported to IPN.

The IPN is currently authorized by the Florida Legislature as set forth in Section 456.076, Florida Statutes. IPN becomes involved with a nurse when an allegation of impairment is made regarding a […]

By The Health Law Firm|2024-07-29T12:55:19-04:00July 29, 2024|IPN, Nursing Law Blog|

Nursing Students Sue Florida College For Deceptive NCLEX Scheme

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

Four nursing students from HCI College (formerly Health Career Institute) in Florida filed a federal class action lawsuit against the school. The students claim the school conducted a “malicious scheme” to block 95% of students from graduating and taking the National Council Licensure Examination (NCLEX). The lawsuit also accuses the nursing school of misrepresenting its accreditation status and NCLEX passage rates.

Critical Details Of The Lawsuit.

The class action, brought by four named plaintiffs in December 2022, was filed in Federal Court in West Palm Beach. The plaintiffs are demanding to have their loans canceled and payments refunded […]

By The Health Law Firm|2024-07-29T16:30:50-04:00July 27, 2024|Nursing Law Blog|

Finding a Lawyer Who Takes CPH & Associates Insurance

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

Our firm often gets calls from nurses and other health professionals who retain us to represent them in complaints against their licenses or in professional licensing complaints and investigations. This includes investigation letters from the Florida Department of Health (DOH), D.C. Health or Louisiana State Board. It also includes notices of hearing, administrative complaints, proposed Consent Orders, emergency restriction orders (EROs), and emergency suspension orders (ESOs). In many cases they had good insurance coverage with CPH & Associates (CPH&A) Insurance, but could not find an attorneys that accepted it or forgot that they had coverage.

Often adverse […]

By The Health Law Firm|2024-07-29T16:41:48-04:00July 7, 2024|Nursing Law Blog|

List of Phony Florida Nursing Schools in FBI’s Operation Nightingale Investigation Now Over 21 Schools

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

Our firm has been involved in defending nurses and nursing students who have been caught up as victims in the Federal Bureau of Investigations (FBI) Operation Nightingale case. Thousands of nurses were preyed on and victimized by the owners and operators of businesses around the country who were, apparently, associated with and fed students and money to, the ones operating in Florida.

Two More Schools Added.

In a Miami Herald article published about the federal trial of Gail Russ and two other indicted employees of the Palm Beach School of Nursing, the following two additional “private education companies” were named as being operated by as phony […]

By The Health Law Firm|2024-07-29T16:52:53-04:00June 10, 2024|Nursing Law Blog|

Texas Hospital’s Vaccination Mandate For COVID-19 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|2024-07-29T16:53:52-04:00June 3, 2024|Nursing Law Blog|

Phony Florida Nursing Diploma Scam: Federal Criminal Indictments in “Operation Nightingale”

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

In January 2023, the U.S. Department of Justice (DOJ) announced the prosecution of a massive fake nursing diploma scheme against three Florida-based nursing schools. The investigation has now expanded to include at least eight (8) nursing schools.

The investigation has now resulted in charges against 25 people in five states and found evidence that they allegedly worked to “sell” more than 7,600 fake diplomas, along with school transcripts, between 2016 and 2021. Click here to learn more.

The Federal Indictment.

We have obtained a copy of the federal […]

By The Health Law Firm|2024-05-24T20:02:32-04:00May 26, 2024|In the News, Nursing Law Blog|

HHS Releases Final Substance Use Disorder Confidentiality Rule

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

On February 8, 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 federal regulations (42 C.F.R. Part 2). The new regulation will supposedly help ensure that health care providers have more complete information when treating patients with substance use disorders and improve that regulations compatibility with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations.

Background.

The SUD final rule came out of the bipartisan Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which, […]

By The Health Law Firm|2024-07-30T09:34:15-04:00May 23, 2024|Nursing Law Blog, Pharmacy Law Blog|

Florida Man Pleads Guilty To $36.2 Million Telehealth Medicare Fraud Scheme

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

On March 20th, 2024, the U.S. Attorney’s Office, in the Middle District of Florida, announced that a Florida man pled guilty to conspiring to commit health care fraud in a $36.2 million telemedicine fraud scheme. As part of the scheme, the Fort Lauderdale-based pharmacy owner paid kickbacks and bribes to telemarketers and telemedicine providers for medically unnecessary prescriptions that were billed to Medicare.

Kickbacks & Bribes to Telemarketing Companies.

According to the plea agreement, the Fort Lauderdale-based, Florida man and his co-conspirators owned and operated pharmacies participating in the Medicare program. From September 2018 through November 2021, they […]

By The Health Law Firm|2024-07-30T09:40:13-04:00May 8, 2024|Nursing Law Blog|

Feds Charge 25 Individuals 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|2024-04-22T20:02:16-04:00April 24, 2024|In the News, Nursing Law Blog|

New Jersey Appeals Court Says Plaintiffs Don’t Need Presuit Affidavits to Sue LPNs in Medical Malpractice Cases

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

In a possibly precedent-setting case, on November 9, 2022, for the first time, an appeals court in New Jersey ruled that plaintiffs in medical malpractice cases do not need an affidavit of merit to file claims against a licensed practical nurse (LPNs). The Superior Court of New Jersey, Appellate Division, said that an LPN is not included in the “licensed person” definition under the state’s affidavit of merit statute.

Additionally, the court’s ruling stated that an LPN could not use the absence of such an affidavit to avoid a medical malpractice suit. In this […]

By The Health Law Firm|2024-04-17T20:00:38-04:00April 19, 2024|Nursing Law Blog|