In the News | The Health Law Firm Blog

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.

Five Defendants Admit Guilt in $580 Million Referral Billing Scheme; Investigation Continues in “Operation Spinal Cap”: This Is Not Spinal Tap

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

Federal prosecutors filed two cases on November 24, 2015, and a federal judge unsealed three others, all in correlation to the same fraudulent health care scheme. The former Chief Financial Officer (CFO), two orthopedic surgeons, a chiropractor and a health care marketer of (or affiliated with) Pacific Hospital (“Pacific”) in Long Beach, California, pled guilty or have agreed to plead guilty in a nearly $600 million health care fraud scheme that spanned over an eight year period. The defendants were each charged with their specific involvement in the illegal referring of thousands […]

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

Benchmark: DEA Conduct Resulted in Dismissed Charges

In light of the DEA‘s recent focus on Florida’s prescription drug trafficking problem, we wanted to discuss a former case in which the DEA‘s actions resulted in a favorable outcome for alleged drug dealers.

According to the Daily Journal, in 2004, U.S. District Judge Florence-Marie Cooper dismissed charges against three alleged methamphetamine dealers after an attorney to one of the defendants argued that the informant improperly relied on a “subinformant” to set up drug transactions in order for DEA agents to bust suspected dealers. According to the attorney, the informant used the intermediary to protect himself and the DEA from entrapment claims. Because of this, defense attorneys could not derive from the primary witness how the drug […]

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

College Student Drinks Own Urine to Survive After DEA Forgets He Was in Cell

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

A college student was left in a small holding cell by the Drug Enforcement Administration (DEA) for five days without food, water, or a toilet. He believes that the DEA forgot about him. He was taken by agents during a late April 2012 drug raid on his friend’s house in which nine people were arrested.

Student Drinks Own Urine to Survive After Being Abandoned by the DEA.

According to a law enforcement official who has reviewed this case, the student was never arrested, was not going to be charged with a crime and should have been released.

Instead, he was left handcuffed and placed back in a […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|In the News, The Health Law Firm Blog|

Franck’s Pharmacy Closes; Compounding Lab is Now Wells Pharmacy Network

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

July 31, 2012, marked the end of an era for Franck’s Pharmacy in Ocala, Florida, as the retail location closed its doors for good. According to an Ocala Star-Banner article, in July 2012, Franck’s Compounding Lab, which was one of the largest compounding labs in the country, was bought by Wells Pharmacy Network. The deal included Franck’s Lifestyles, which sells supplements and wellness products, but did not include the retail pharmacy location.

Click here to see the official press release from Wells Pharmacy Network.

Closed Pharmacy Comes After a U.S. Food and Drug Administration (FDA) Finding of Fungal […]

By The Health Law Firm|2024-03-14T10:00:34-04:00June 1, 2018|In the News, Pharmacy, The Health Law Firm Blog|

New System for Patients to Report Medical Mistakes in the Works

By Danielle M. Murray, J.D.

According to the New York Times, the government wants to implement a new system that would allow patients to report medical mistakes and unsafe practices by health care providers to a central reporting organization. This includes doctors, hospitals, pharmacists, and all other professionals or entities that provide medical treatment. While it is only an idea at this point, the government envisions patients reporting problems through a website or a phone number by answering a short questionnaire.

Federal officials believe that medical mistakes frequently go unreported and patients could have useful information that could be used to identify health care providers and facilities where […]

By The Health Law Firm|2024-03-14T10:00:37-04:00June 1, 2018|Department of Health, Health Care Industry, In the Know, In the News, Licensing issues, The Health Law Firm Blog|

Florida Woman Arrested for $400,000 Medicaid Fraud Scheme

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

The owner of Homecare Unlimited, LLC, in Jacksonville, Florida, has allegedly been arrested for defrauding Medicaid out of more than $400,000, according to the Florida Office of the Attorney General (AG). The owner is charged with billing Florida’s Aged and Disabled Adult Waiver Program for services not rendered and billing for services to ineligible recipients. This Medicaid fraud scheme allegedly happened between January 2008 and June 2011.

To read the press release from the AG, click here.

Business Owner Accused of Fraud and Grand Theft.

The Florida Times-Union states that some of the people the business owner claimed to have provided services for […]

By The Health Law Firm|2024-03-14T10:00:45-04:00June 1, 2018|Home health care facility, In the News, Medicaid, Medicaid audit, The Health Law Firm Blog|

CMS Fights Medicare Fraud With Ban on New Home Health Agencies and Ambulance Suppliers in Three Cities

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

The Centers for Medicare and Medicaid Services (CMS) announced it will temporarily ban new home health providers and ambulance suppliers from enrolling in Medicare, Medicaid and the Children’s Health Insurance Program (CHIP) in three fraud “hot spots.” According to CMS, the six-month moratorium begins July 30, 2013. It applies to newly enrolling home health agencies (HHAs) in Miami, Florida, and Chicago, Illinois. It also applies to newly enrolling ambulance suppliers in Houston, Texas. Existing providers and suppliers can continue to deliver and bill […]

By The Health Law Firm|2024-03-14T10:00:51-04:00June 1, 2018|Affordable Care Act, In the Know, In the News, Medicare, Medicare Fraud, 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

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

New Board of Medicine Rule on Disposition of Medical Records Upon Death of Physician

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

Rule 64B8-10.001, Florida Administrative Code, was recently updated by the Florida Board of Medicine for the Department of Health (DOH). The final adopted rule was implemented on November 11, 2015. This latest version of the rule entitled, “Medical Records of Deceased Physician; Retention, Time Limitations,” adds a mandate to section (1) stipulating additional measures to be taken to ensure access in an evolving practice that now includes electronic medical files.

New Requirement for Retention and Access of Electronically Stored Medical Records.

The new wording states: “Physicians must take proactive measures to ensure that their executor, administrator, personal […]

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

Florida’s Pill Mills Still a Target

Last week, the DEA announced the results of enforcement efforts directed at Florida’s illegal prescription drug distributors.

According to the DEA, more than 100 individuals have been arrested in operations targeting pill mills in Florida, and the DEA, as well as Florida law enforcement, will continue to investigate and prosecute pain clinics, pharmacies and physicians who are contributing to Florida’s prescription drug trafficking epidemic.

Operation Pill Nation I, initiated in February 2011 in South Florida, has resulted in the arrest of 47 people, including 17 doctors and five clinic owners, and the seizure of more than $18.9 million in cash and assets. Furthermore, over 70 doctors, six pharmacy owners and five DEA Registered Controlled Substance Distributors have […]

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