Pharmacist | The Health Law Firm Blog

Florida Pharmacy Owner to Serve 15 Years in Prison for $100 Million Billing Fraud Scheme

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

On April 26, 2018, the owner of several Florida pharmacies was sentenced to 15 years in prison and ordered to give up $54.5 million in restitution. Nicholas A. Borgesano Jr., owner of A to Z Pharmacies, pled guilty to his role in a $100 million scheme involving bogus insurance reimbursements for prescription drugs.

He pled guilty in November to charges of conspiracy to commit health care fraud and conspiracy to engage in monetary transactions in property derived from specified unlawful […]

By The Health Law Firm|2024-03-14T10:00:24-04:00June 26, 2018|Legal Defense for Pharmacists, Pharmacist, Pharmacy Law, Pharmacy Law Blog, Uncategorized|

The Government’s Use of Civil Forfeiture to Combat Health Care Fraud and Pill Mills in Florida

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

Recently we have seen government prosecutors and agencies, including the Medicaid Fraud Control Unit (MFCU), the U.S. Attorney General’s (AG) Office, and local sheriff and police departments use the Florida Contraband Forfeiture Act against health professionals and health facilities in health-related cases.

A prompt, aggressive defense to these actions may recover the property or funds seized and, more importantly, a good defense can be used to help resolve any pending criminal charges.

Civil Forfeiture of Property is Used […]

By The Health Law Firm|2024-03-14T10:01:14-04:00May 15, 2018|Department of Health, Legal Defense for Pharmacists, Pharmacist, Pharmacy|

Terrible Things That Can Happen after Discipline on Your Pharmacist License or Resignation of a Pharmacist License after Notice of Investigation

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

Do you have a pharmacist license in several different states? Do you have a license in more than one health profession? Have you been notified that an investigation has been opened against you? Are you thinking about resigning your pharmacist license or voluntarily relinquishing such a license? Then you must be aware of the following.

First, you should never voluntarily relinquish or resign your license after you know that an investigation has been opened or that disciplinary action has been taken against you. Such a resignation is considered to be a “disciplinary relinquishment” and is […]

By The Health Law Firm|2024-03-14T10:01:13-04:00May 15, 2018|Florida Board of Pharmacy, Pharmacist, Pharmacy, Pharmacy Law|

Jury Awards Walgreens Customer $1.44 Million Over HIPAA Violation

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

An Indiana jury awarded a Walgreens customer $1.44 million on July 26, 2013, over a Health Insurance Portability and Accountability Act (HIPAA) violation, according to the Indianapolis Star. The Walgreens pharmacist was found to have violated the customer’s privacy by looking up and sharing the customer’s prescription history with others. The lawsuit alleged that there was a relationship between the pharmacist, her husband and the husband’s ex-girlfriend (who was the customer). The customer/ex-girlfriend was the plaintiff in the lawsuit.

Click here to read […]

By The Health Law Firm|2024-03-14T10:01:14-04:00May 15, 2018|Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|

“Operation Main Pain” Targets More Than 60 in Fraudulent Prescription Drug Ring

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

The Sarasota County Sheriff’s Office announced a fraudulent prescription drug ring bust that spanned throughout Sarasota and Manatee counties in Florida, on September 19, 2013. So far, 61 people, including the alleged ringleader have been arrested. The operation has been dubbed “Operation Main Pain” by the Sarasota County Sheriff’s Office.

Click here to view the press release from the Sarasota County Sheriff’s Office.

Investigation Unveiled Complex Fraudulent Drug Ring.

The investigation began in July 2011, when a fraudulent oxycodone prescription was noticed at a CVS pharmacy in Sarasota County. When more of the […]

By The Health Law Firm|2024-03-14T10:01:14-04:00May 15, 2018|Pain Management, Pharmacist, Pharmacy, Trafficking Prescription Painkillers|

Florida Board of Pharmacy Updates Record Retention Rules for Pharmacies

By Lance O. Leider, J.D., The Health Law Firm

At its meeting held on February 12, 2014, the Florida Board of Pharmacy voted to approve language changes to a number of rules. Specifically, those changes were put into effect to establish a uniform four-year retention policy for pharmacy records.

Previously the Board’s rules were not consistent with respect to how long pharmacies were required to retain different types of records.

When approving new rules or changes to existing rules, administrative bodies are required to evaluate the regulatory costs of the changes. In examining these costs the Board found that any financial costs imposed upon small businesses would be balanced by the efficiencies […]

By The Health Law Firm|2024-03-14T10:01:16-04:00May 15, 2018|Florida Board of Pharmacy, Pharmacist, Pharmacy, Pharmacy Law|

Florida Legislature Reforms Pharmacy Benefit Manager Audit Practices

According to the Florida Legislature, it’s time for pharmacists to focus on their patients instead of paperwork. On June 13, 2014, Florida Governor Rick Scott signed Florida Senate Bill 702 into law. This law introduces clear guidelines of acceptable audit practices of pharmacies in the Sunshine State.

There are more than 2,700 pharmacies across Florida that are routinely evaluated by Pharmacy Benefit Managers (PBMs). The purpose of these audits is to verify that certain claims are submitted and handled properly. If a PBM audit uncovers fraud or abuse, the pharmacy will be subject to penalties, including reimbursement of amounts paid. With the increase of rules regulating pharmacies, these audits have progressively […]

By The Health Law Firm|2024-03-14T10:01:17-04:00May 15, 2018|Florida Board of Pharmacy, Florida Legislature, Pharmacist, Pharmacy, Pharmacy Audit, Pharmacy Law|

OIG Issues Advisory Opinion to Specialty Pharmacy for Support Service Payments

By Lenis L. Archer, J.D., M.P.H., The Health Law Firm

There is an inherent risk in entering into financial arrangements where payments to a service provider are only made when a referral is generated. On August 15, 2014, the Office of Inspector General (OIG) made this perfectly clear in an unfavorable advisory opinion issued to a specialty pharmacy that wanted to pay local retail pharmacies for providing support services to it.

Background of Request for OIG Advisory Opinion.

According to the OIG, the requestor, a specialty pharmacy, dispenses specialty pharmaceuticals used to treat a variety of chronic and life-threatening illnesses. The specialty pharmacy stated that the drugs offered at its establishment are […]

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

Selling Tobacco Can Get You Penalized By Insurance Panels

By Lance O. Leider, J.D., The Health Law Firm

Beware: selling cigarettes could burn a hole in your pocket.

The CVS Health Corporation (CVS), the nation’s second-largest drug store, is currently in the midst of launching a tobacco-free prescription-drug network. The company announced in October 2014, that it will begin offering a tobacco-free pharmacy plan to employers, unions, and insurance companies for which its Caremark arm manages prescription benefits. CVS is slapping patients with an extra co-payment “penalty” if they purchase their medications from pharmacies that sell tobacco products, regardless of whether the patient is a tobacco user.

According to US News, by adding a variable co-payment of […]

By The Health Law Firm|2024-03-14T10:01:18-04:00May 15, 2018|Florida Board of Pharmacy, Insurance, Insurance Network Plan, Pharmacist, Pharmacy, Pharmacy Benefit Manager, Prescription-Drug Network|

South Florida Man Pleads Guilty to Fraudulently Working as a Pharmacist

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

On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press release.

Fake Pharmacist was Working at Central Florida Pharmacies.

Prosecutors said this man worked at pharmacies throughout Central Florida, including CVS pharmacy and Walgreens. According to the Orlando Sentinel, while working at one of the pharmacies, he gave a customer the incorrect medication, causing that person to suffer a severe reaction […]

By The Health Law Firm|2024-03-14T10:01:38-04:00May 15, 2018|Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|