The field of health care is frequently in the news with technology updates, privacy breaches, innovative procedures, malpractice claims, etc. Learn more about the happenings of health care providers (physicians, nurses, dentists, hospitals, nursing homes, pain management clinics, medical students, mental health counselors, etc.) in Florida and around the United States.

Pediatricians Who Are Targets of Medicaid Audits Should Request Hearings on the Final Audit Report Results

00011_RT8By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We have recently been contacted by several pediatric practices that were subject to Medicaid audits. In several cases, the pediatricians received the final audit reports (FARs) stating that they owed Medicaid refunds, because of overbillings, in the tens of thousands of dollars.

With such demands for repayment of the alleged overpayments also come:

  1. Fines;
2. Penalties;
3. Requirements to sign agreements to refrain from such practices in the future;
4. Requirements to have personnel retrained; and
5. The specter of future audits.

In many cases, Medicare and Medicaid auditors may swiftly review supporting medical records and overlook key components that support the level […]

By |2024-03-14T10:00:57-04:00June 1, 2018|In the News, The Health Law Firm Blog|

Sexual Misconduct by Rogue Employees Can Cost Big Money: Your Responsibility as an Employer

2 Indest-2009-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Johns Hopkins Health System agreed to shell out $190 million to more than 7,000 women and girls, in one of the largest settlements ever in the United States involving sexual misconduct by a physician.

A gynecologist, practicing in a Baltimore-based Johns Hopkins Hospital, one of the nation’s most prestigious medical institutions, was accused of using a tiny camera to secretly take videos and pictures of his patients. The doctor worked at the hospital for 25 years, but was fired after admitting to the misconduct and surrendering his recording devices to authorities.

This is a chilling example […]

Cyber Attack at Community Health Systems Affects 4.5 Million Patients-Could This be a New Trend?

Patricia's Photos 013By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar  in Health Law

On August 18, 2014, Community Health Systems, a Tennessee-based hospital chain that has 206 hospitals in 29 states, announced that its computer system was hacked. According to a number of news reports, an outside group of hackers, originating in China, used highly sophisticated malware and technology to steal 4.5 million patients’ non-medical data. The hackers were able to obtain patients’ names, Social Security numbers, addresses, birth dates, and telephone numbers.

According to the Orlando Sentinel, in Florida, St. Cloud Surgical Associates, St. Cloud Medical Group, and Urology Associates of St. Cloud were among the […]

“Doctor of Death” Trial Could Ignite Stricter Oversight in the Healthcare Industry

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On paper, one Detroit-area oncologist appeared to be a wildly successful professional with impeccable medical credentials. According to his medical practice’s website, he went to medical school at Cornell Medical College, did an internal medicine residency at Maimonides Medical Center in Brooklyn, New York, and then completed a medical oncology fellowship at Memorial Sloan-Kettering Cancer Center, a very well-respected facility. The oncologist ran a professional practice of seven locations with a total of 60 employees.

However, on September 24, 2014, his reputation and accolades faded when he pleaded guilty to intentionally and wrongfully diagnosing healthy […]

By |2024-03-14T10:00:58-04:00June 1, 2018|In the News, The Health Law Firm Blog|

The Ins and Outs of Florida’s 2015 Legislative Session for Health Care Providers

10 Indest-2008-7George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law

Committees are busy in Tallahassee as the 2015 Legislative Session is set to begin on March 3, 2015. For Florida physicians and other health care providers, now is the time to review the legislative bills that could affect you and your practice. There are many bills pending that could impact the future of medical practice and health care delivery in Florida.

On the table are some recognizable bills from last year, as well as a few new ones. To stay up to date on the 2015 Legislative Session as it relates to […]

New MCAT Will Put the Social Skills of Potential Doctors to the Test

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The 8,200 aspiring doctors expected to take the Medical College Admission Test (MCAT) this year will be seeing a different exam than their predecessors.

The doctor-patient dynamic is changing. So, to stay on top of this shift in the health care industry, the Association of American Medical Colleges (AAMC) announced in April 2015, the first major revision to the MCAT in 25 years. This test is the first high-stake exam encountered by physicians. The big difference physician hopefuls will notice is that the new test assesses social aptitude and not just hard science.

The New MCAT.

There […]

Chinese Nationals Indicted in Alleged U.S. Test-Taking Scheme

6 Indest-2008-3By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Fifteen Chinese citizens living in the United States reportedly conspired to take college entrance exams for others so they could obtain student visas, according to the Associated Press. The frauds allegedly took standardized exams including the Scholastic Aptitude Test (SAT), the Graduate Record Examination (GRE), and the Test of English as a Foreign Language (TOEFL).

The Test-Taking Conspiracy.

According to BBC News, the scheme reportedly took place between 2011 and 2015, mainly in western Pennsylvania. Six individuals named in the indictment were identified as students who supposedly paid up to $6,000 to have other individuals, also […]

Guilty Plea to Research Misconduct Results in 4 1/2 Year Prison Sentence

By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

MS_smDong-Pyou Han, a former Iowa State University scientist was sentenced to four-and-a-half (4 ½)  years in prison on Wednesday July 1, 2015, for falsifying his research results concerning the effectiveness of an experimental HIV vaccine.  A plea agreement also required Han to pay $7.2 million in restitution to the National Institutes of Health (NIH), which funded the research.  Han was testing the experimental HIV vaccine on rabbits.  He spiked the rabbit blood with human antibodies to make it falsely appear […]

By |2024-03-14T10:01:00-04:00June 1, 2018|In the News, The Health Law Firm Blog|

GOP Close to Repeal of Medical Device Tax: Will Elimination of this Key Funding Also Eliminate the Affordable Care Act?

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

00011_RT8With the support of Democrats, Congressional Republicans may be close to getting the votes they want to push President Obama to accept a repeal of the medical device tax, which helps fund the Affordable Care Act. Some Republican candidates for president are pushing for change in the Senate’s filibuster rules so they can repeal the law. Click here for more info on the Medical Device Tax.

Congressional Republicans Want Repeal of Medical Device Tax to Eliminate ACA.

Congressional Republicans believe that the repeal of the tax on medical devices is the best way to […]

By |2024-03-14T10:01:00-04:00June 1, 2018|In the News, The Health Law Firm Blog|

Individual Prescribers of Controlled Substances Should Know the CSA Requirements

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Shelby Root

Congress devised a regulatory system to help prevent prescription drug abuse and control both the legitimate and illegitimate traffic of controlled substances. The system makes it unlawful to manufacture, distribute, dispense or possess any controlled substance except in the manner authorized by the Controlled Substance Act (CSA). The CSA requires a practitioner to establish and maintain a legitimate doctor-patient relationship with the patient for whom he/she writes a prescription. It also requires the prescriber to issue a prescription only for a legitimate medical purpose within the usual course of professional practice. […]

By |2024-03-14T10:01:00-04:00June 1, 2018|In the News, The Health Law Firm Blog|
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