In the News | The Health Law Firm Blog

Federal Health Officials Propose Medicare Paying Doctors to Discuss End-of-Life Issues

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

The Centers for Medicare and Medicaid Services (CMS) released a new plan for doctors to discuss end-of-life issues with their patients. The plan is part of the CMS annual Medicare physician payment rule. This comes six years after the original controversy when President Obama first announced his health care legislation.

Doctors Will Be Paid for Discussing Treatment Options with Elderly Patients.

In what can only be described as welcomed and needed relief, the rule would reimburse doctors for discussing living wills and end-of-life medical treatment options with older patients. The medical discussions include […]

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

Author Recommends Medicare Use ‘Procedural Triage’ to Eliminate Backlog of Appeals and Restore Faith in the System

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

In a recent law journal article being considered for publication, Author Matthew J. B. Lawrence of the Harvard University Petrie-Flom Center, makes some bold recommendations for Medicare. His hypothesis seems to be that the extremely long delay that health care providers now face in getting a Medicare appeal hearing might be negatively affecting these providers’ view of the fundamental fairness of the system. Currently, the backlog in obtaining a Medicare Appeal Hearing before an administrative law judge is up to approximately 27 months. Mr. Lawrence argues “procedural triage” may be in order.

Following is an […]

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

Promoting Research Subject Compliance: Six Tips for Investigators

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

Investigators who manage clinical trials involving human subjects rely on their participants to comply with research study parameters. However, ensuring this compliance is much easier said than done. Following are several tips that researcher’s and principal investigators might employ to improve compliance.

When Research Subjects Don’t Follow the Rules.

Often, subjects in clinical studies don’t do as they are told. Surprise! Trial participants may self-report full compliance in a study’s direction and protocols, when in fact, they are not. Many research subjects fail to take drugs correctly by taking […]

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

Report: Florida Received an F in Medical Pricing Transparency

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

In Florida, it’s difficult to compare prices for medical services and procedures because the various prices are not made public. In part because of this, a recent study by a health-care advocacy group gave Florida an F for transparencies in pricing.

What Did the Analysis Look For?

The report analyzed whether or not states have laws and regulations that require health prices be made public.

Only One State Received an A.

The only state to receive an A in the study was New Hampshire. This is because of its NH Health-Cost site. The site […]

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

Medical Staff Involved in Peer Reviewers Can Receive Compensatory and Punitive Damages for Violations of their Confidentiality: Part 1 of 2

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

An important decision was delivered by the Supreme Court of New Mexico involving peer reviewers’ statutory right to confidentiality. In the decision, the New Mexico court allowed peer reviewers to recover compensatory and punitive damages resulting from confidentiality violations. The court recognized that peer reviewers are members of the class protected by the peer review statute in New Mexico. Thus, the court stated, they deserve remedies for violations of their confidentiality right. To view the New Mexico Peer Review Statute, click here.

Yedidag v. Roswell Clinic Corp., the […]

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

Apopka Woman to Serve 18-Month Prison Sentence After $47K Medicaid Scam

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

An Apopka businesswoman was recently sentenced to 18 months in prison after she was found guilty of a Medicaid scam. According to the Florida Attorney General’s Office, Shanqual Marshall-Gunn was arrested in September on suspicion of submitting more than $47,000 in fraudulent Medicaid claims.

Company Provided Targeted Case Management Services (TCMs).

Marshall-Gunn owned Second Chances TCM, Inc. TCMs are intended to provide Medicaid recipients who have mental-health disorders with connections to resources in their community, and to assist them in leading a more normal life. Prosecutors said Marshall-Gunn gave employees and clients kickbacks when they submitted referrals […]

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

Breach of HIPAA Privacy Regulations May be a Basis for Negligence Actions

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

Given the advances in information technology, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted by Congress as a comprehensive legislative and regulatory scheme to ensure basic protections of patients’ right of privacy regarding their health information. HIPAA, standing alone, does not provide a private right of action. It also preempts contrary state laws. A recent case in the Supreme Court of Connecticut, Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 102 A.3d 32 (Conn. 2014), addressed these issues. The decision answered the question of whether HIPAA […]

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

Appeals Court Upholds Medical Malpractice Law Changes

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

On July 21, a state appeals court in Tallahassee upheld the constitutionality of a controversial change in Florida’s medical malpractice law. It ruled that some privacy rights are waived when patients pursue medical malpractice lawsuits. A federal appeals court last year also upheld the change in Florida’s law.

The decision by a three-judge panel of the First District Court of Appeal resulted from a 2013 change in the medical malpractice law. The Republican-controlled Florida Legislature passed the amendments to the laws after a lobbying dispute between groups like doctors and plaintiffs’ attorneys.

Ex Parte Communications […]

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

Employers are Liable in Tort Actions for HIPAA Violations

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

The Health Insurance Portability and Accountability Act (HIPAA) Omnibus Rule, implemented in 2013, modified HIPAA’s privacy and security rules. However, solutions aimed at health privacy challenges such as data and information collected by mobile apps generally lie outside the scope of HIPAA. To solve this problem, some states are working on a solution to the problem of patients not having a private right of action. One solution is to hold employers liable for privacy torts resulting from a breach of confidential medical information through the legal doctrine of respondeat superior.

Walgreen […]

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

Foreign Massage Therapists Win First Round Against Private College in Class Action Lawsuit

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

A federal court judge in Orlando, Florida, ruled on July 30, 2015, that a class action lawsuit filed on behalf of a group of foreign licensed massage therapists could proceed against the FCNH, Inc., which does business as Florida College of Natural Health. This was the first round in a multi-count suit filed initially by The Health Law Firm, of Altamonte Springs, Florida.

The case was originally filed by The Health Law Firm in September 2014, but was later amended in February 4, 2015. For the Amended Complaint, click here. The Amended Complaint […]

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