In the Know | The Health Law Firm Blog

Health care law encompasses a wide range of issues. Learn more about regulations, legislation and general information involving health care providers and professionals (physicians, nurses, pharmacists, therapists, mental health counselors, rehab facilities, nursing homes, DME suppliers, medical students and interns, pain management clinics, hospital administrators, etc.) including information regarding the Department of Health, professional boards (Board of Nursing, Board of Pharmacy, Board of Dentistry, Board of Medicine, etc.), DEA, AHCA (Florida Agency for Health Care Administration) and Medicare and Medicaid.

Yale University Agrees to Pay $87,500 to Settle Allegations It Underpaid Female Doctors
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Yale University Agrees to Pay $87,500 to Settle Allegations It Underpaid Female Doctors

In the Know, In the News, Medical Education Law Blog

Yale University Agrees to Pay $87,500 to Settle Allegations It Underpaid Female Doctors

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

Yale University agreed to pay $87,500 to resolve discrimination allegations with the U.S. Department of Labor. The discrimination alleged that the Ivy League school paid four women cardiologists significantly less than their male colleagues from October 2016 to September 2017. While not admitting the allegations, the university agreed to the settlement which will reportedly cover the difference in pay for the women affected, the Office of Federal Contract Compliance Programs (OFCCP) said.

Alleged Pay Discrimination.

The OFCCP first detected the pay disparities during a routine compliance audit of the […]

By The Health Law Firm|2024-03-14T09:59:54-04:00December 16, 2020|In the Know, In the News, Medical Education Law Blog|

What Foreign Medical Graduates Need to Know Before Transferring Medical Schools

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

When medical school graduates who graduated from a medical school outside of the United States want to practice medicine in the United States, they register with the Educational Commission for Foreign Medical Graduates (“ECFMG”). The ECFMG issues certificates to foreign medical graduates to register for and take the United States Medical Licensing Examination (“USMLE”) Step exams. Medical graduates must take and pass all of the USMLE Step exams to practice medicine in the United States.

Guidelines for Medical School Transfers.

The ECFMG has several rules and procedures regarding a foreign medical […]

By The Health Law Firm|2024-03-14T09:59:54-04:00November 25, 2020|In the Know, Medical Education Law Blog|

OIG Exclusion: What You Need to Know if You’re on the List

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

Have you ever had disciplinary action against your license as a health care professional? Have you ever been arrested or convicted of a criminal offense? Have you ever been convicted of fraud or patient neglect? If so, then you may have also been terminated or excluded from the federal Medicare Program or your state Medicaid Program.

Many health professionals don’t understand the significant repercussions that an exclusion action by the Office of the Inspector General (OIG) can have on their career and employment. Whether you are a physician, nurse, dentist, psychologist or other health professional, if you […]

By The Health Law Firm|2024-03-14T10:00:21-04:00October 10, 2018|In the Know, The Health Law Firm Blog|

Avoiding HIPAA Violations

By Michael L. Smith, JD, RRT

Every respiratory therapist knows that the Health Insurance Portability and Accountability Act (HIPAA) requires hospitals and health care providers to maintain the confidentiality of their patients’ protected health information (PHI). RTs may not know that the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) is investigating HIPAA violations and imposing sanctions on hospitals and other covered entities for violations. RTs also may not know that the Department of Justice is criminally prosecuting particularly egregious HIPAA violations.

HIPAA violations still occur despite the fact that we have years of training and experience in protecting patient privacy. Hospitals and health […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|In the Know, The Health Law Firm Blog|

Patient-supplied Respiratory Equipment in the Hospital

By Michael L. Smith, JD, RRT

Hospitals and respiratory therapists regularly receive requests from patients asking to use their own respiratory therapy equipment in the hospital. Chronic pulmonary patients are generally reluctant to change their treatment regimen and may request they be permitted to continue using their home ventilators or positive airway pressure units in the hospital. Generally, hospitals should not allow patients to use their own medical equipment.

Patient-supplied medical equipment poses numerous risks for hospitals and their RTs. Patient supplied equipment may be a different model than what the hospital’s RTs and other staff routinely use, which can contribute to […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|In the Know, The Health Law Firm Blog|

Responding to a Medicare Audit – Practice Tips

Although you may speak of a “routine” Medicare audit, there is really no such creature. This is like saying you have a “routine IRS audit.” The fact is that there is some item you have claimed as a Medicare provider or the amount of claims Medicare has paid in a certain category that has caused you or your practice to be audited.

Having too many claims for level five CPT codes might, for example, cause you to be audited. Having multiple claims submitted for the same date of service, may cause you to be audited. Submitting claims for CPT codes outside of your medical speciality area, might cause you to be audited. Having the dollar amount of claims greater than the […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Health Care Industry, In the Know, Medicare, The Health Law Firm Blog|

Cheating, Irregular Behavior and Other Maladies Plaguing Future Physicians: A Two-Part Series

The road to becoming a physician is paved with many unique challenges. The uphill battle begins with rigorous undergraduate course work, followed by the MCAT and medical school applications. Upon acceptance into medical school, the USMLE (United States Medical Licensing Examination) and its STEP 1 and STEP 2 exams provide another hurdle. At any of these stages, a student can be accused of numerous faults including cheating, misrepresentation, falsification of information, unfair advantages and the many faces of “irregular behavior.”

Today’s post focuses on the challenges imposed on a student prior to entering medical school. On Friday, the implications of various forms of “misconduct” for med students will be dissected (including USMLE irregular behavior and the case of NBME and FSMB […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, Medical Students, The Health Law Firm Blog|

Florida Doctor Arrested for Drug Sales and Other Criminal Charges

Drug trafficking charges against a medical doctor are not a new concept, especially in Florida. Recent pill mill busts throughout the state have resulted in an omnipresent DEA, always on the lookout for illegal drug sales by pharmacies, pharmacists, pain management clinics and physicians. However, the recent arrest of a Central Florida doctor extends beyond the run of the mill “pill mill” bust, as the accusations in this case involve sex with a minor and delivering a controlled substance to a minor.

According to Florida Today, this Central Florida doctor was arrested Tuesday following a raid by the Florida Department of Law Enforcement. This is his second arrest after he was charged with possession of marijuana […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, In the News, Pain Management, Pharmacy, The Health Law Firm Blog|

Legally Speaking: Psychologists, Mental Health Counselors, Social Workers and Therapists

Today begins a multi-part series focusing on the legal matters and needs concerning healthcare professionals, starting with those who practice in the field of psychology, including psychologists, Licensed Mental Health Counselors (LMHCs), Clinical Social Workers (CSWs) and Licensed Marriage and Family Therapists (LMFTs).

Supervised by the Board of Psychology and the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, psychologists, Licensed Mental Health Counselors, Clinical Social Workers and Licensed Marriage and Family Therapists are responsible for an important component of patient care: mental health. Insuring the mental health of a patient does not come without risks.

For this reason, every mental health professional should carry professional liability insurance that […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, Mental Health, The Health Law Firm Blog|

Cheating, Irregular Behavior and Other Maladies Plaguing Future Physicians: A Two-Part Series

The road to becoming a physician is paved with many unique challenges. The uphill battle begins with rigorous undergraduate course work, followed by the MCAT and medical school applications. Upon acceptance into medical school, you are faced with the USMLE (United States Medical Licensing Examination) and its STEP 1 and STEP 2 exams. At any of these stages, a student can be accused of numerous faults including cheating, misrepresentation, falsification of information, unfair advantages and the many faces of “irregular behavior.”

On Wednesday, the challenges of a pre-med student were discussed. Today’s post focuses on the challenges imposed on a student after entering medical school.

So you made it to medical school. Congratulations! After years of slaving away in biology and […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, Medical Students, NBME, The Health Law Firm Blog|