In the News | The Health Law Firm Blog

Florida Senate Passes New Legislature to Fix Patient Brokering Act

By Amanda I. Forbes, J.D.

A new act (SB 1120) was recently passed by the Florida Senate and enacted on June 18, 2020, with an effective date of July 1, 2020. SB1120 restored the Florida Patient Brokering Act to its original wording to correct a big glitch made when the Legislature previously amended it. On June 27, 2019, there was an amendment enacted by the Florida Legislature that changed the Florida Patient Brokering Act, Section 817.505, Florida Statutes. It became effective on July 1, 2019. The amendment changed Section 817.505(3)(a), Florida Statutes.

The original wording of the statute stated:

(3) This section shall not apply to […]

By The Health Law Firm|2024-03-14T09:59:54-04:00October 5, 2020|Health Facilities Law Blog, In the News|

Emotional Support Animals and Protecting Your License, Pitfalls and Tips, Part 2 of 3

By Amanda I. Forbes, J.D.; and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

This is part 2 of 3 in a blog series regarding Emotional Support Animals (ESA) support letters being prepared by counselors and therapists. There are serious pitfalls that exist for the unwary mental health professional and, in part 1, we provided a number of tips on how to avoid these. Click here to read part 1. Don’t forget to read part 3!

The ACA has identified specific potential risks to animals, clients, the public, and counselors which everyone involved in this area […]

By The Health Law Firm|2024-03-14T09:59:55-04:00October 5, 2020|In the News, Mental Health Law Blog|

Certifying Emotional Support Animals and Protecting Your License, Part 1 of 2

By Amanda I. Forbes, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

In today’s stress-filed world if you are a mental health counselor or other professional counselor, it is likely that you will encounter a client seeking to obtain an Emotional Support Animal (ESA)
designation letter from you. Providing such a letter may cause you to face complaints, licensing, and disciplinary actions driven by hostile landlords, homeowners associations, and business establishments that do not want any sort of animals on their premises. Often cases wind up in civil litigation. The client may also try to retaliate […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 28, 2020|In the News, Mental Health Law Blog|

Federal Judge Dismisses Florida Dentist’s COVID-19 Business Interruption Insurance Claim
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Federal Judge Dismisses Florida Dentist’s COVID-19 Business Interruption Insurance Claim

Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Health Law, In the News, Insurance

Federal Judge Dismisses Florida Dentist’s COVID-19 Business Interruption Insurance Claim

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

On September 3, 2020, a Florida federal judge dismissed a suit for business interruption insurance payments by a Florida dentist. The dentist claimed he sustained damages caused by the COVID-19 pandemic and related civil authority shutdowns of dental services. The dismissal freed Allied Insurance Company of America from having to pay the dentist’s for COVID-19 related losses, holding that the policy’s “virus exclusion” barred coverage of the insurance claim made.

Insurance Coverage for COVID-19 Related Losses.

The dentist sued his insurance carrier for damages that he argued were “caused by or […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 28, 2020|Dental Law, Dental Law Blog, Dentist Defense attorney, Dentistry Law, Health Law, In the News, Insurance|

House Committee Advances Medical Marijuana Bill to Expand Research

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

On September 9, 2020, a U.S. House of Representatives committee advanced a bill to expand access to marijuana for research purposes. The House Committee on Energy and Commerce voted unanimously by voice vote in favor of HR 3797, the Medical Marijuana Research Act of 2019. The bill would: “amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes.”

HR 3797 – Medical Marijuana Research Act.

The amendment to existing federal law would allow researchers to use “marijuana products available through State-authorized […]

By The Health Law Firm|2024-03-14T09:59:55-04:00September 23, 2020|In the News, Marijuana Law Blog|

Florida “wrongful births” leave health care providers liable

According to Institute of Medicine statistics, approximately 98,000 Americans die each year as a result of medical errors that could have been prevented. This is an example of ‘wrongful death,’ a term recognizable to many. However, the term ‘wrongful birth’ may not provide the same familiarity, but is causing just as much commotion in the legal arena.

In 2007, the Tampa Tribune provided details of such a case involving a University of South Florida doctor. This doctor told Daniel and Amara Estrada to go ahead with a second pregnancy, despite the fact that their first child had significant birth defects. However, the doctor did not provide all of the facts needed by the Estrada’s to make a decision about […]

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

Florida Hospital Recovering from Privacy Breach

As a health care provider, keeping patient medical records confidential is a fundamental aspect of the job description. Within those records, the most private details of a person’s life are revealed, details, that if leaked, may ruin the reputation of the patient and the health care provider.

According to the Orlando Sentinel, Florida Hospital is currently trying to recover from the damaging effects of a breach of its medical electronic records. Three employees were to blame for “inappropriate access” to the records, all nonmedical personnel.

No motive has yet been attributed to the breach, which occurred between January 2010 and August 2011. All 2,252 patients whose records may have been involved in this incident are being notified.

Though Florida Hospital screens employees […]

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

The DEA’s War on Pain Management

Within the last few years, raids on pain management clinics, as well as pharmacies, have been increasingly commonplace. The doctors, pharmacists, nurses and other health care professionals involved are carted away in handcuffs and must defend their practice.

According to the St. Petersburg Times, a South Florida pain management clinic has recently been shut down under emergency action by the Florida Department of Health (DOH). Several health care professionals at the clinic were arrested, their licenses revoked.

In this instance, the charges against these health care employees are not completely unwarranted. Patients confessed to authorities that members of […]

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

Patient Privacy Breach at Nemours Follows Florida Hospital Information Leak

After a patient privacy breach at Florida Hospital a few weeks ago, another patient records scare has hit Florida – this time at Nemours.

According to the Orlando Sentinel, information belonging to Central Florida patients of Nemours Children’s Health System has gone missing.

Computer back-up tapes containing old patient billing information have disappeared from the Wilmington, Del., office of Nemours. These tapes were not password protected and stored in a locked cabinet. Company officials believe the cabinet may have been removed when the office was remodeled in August.

Stored in the missing tapes are patient names, addresses, dates of birth, social security numbers, insurance information, medical diagnoses and treatment codes, as well as bank account information. If stolen, this information could […]

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

New Florida Drug Database Aimed at Preventing Drug Abuse

Recently, Florida pharmacists, physicians and pain management clinics have received negative attention over frequent Drug Enforcement Administration (DEA) raids. Now, Florida is once again in the spotlight as the state has launched a drug database in an attempt to reduce drug abuse perpetuated by visits to the doctor.

According to the Orlando Sentinel, this database will allow physicians and pharmacists to review a patient’s prescription history before issuing prescriptions for painkillers like OxyContin and other powerful drugs.

These preventative measures are not new to Florida health care providers. After garnering a reputation for frequent drug trafficking, proliferated by pain management clinics, the state passed legislation banning many doctors from dispensing dangerous controlled substances in their offices.

Currently, use of the database […]

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