The Health Law Firm Blog | The Health Law Firm Blog

Is It Legal to Make Flu Shots Mandatory for Health Care Professionals?

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

The warnings have been loud and clear from the Centers for Disease Control and Prevention (CDC). This influenza season is off to an early and serious start. With that in mind, a number of states are requiring all health professionals in the state to receive the flu vaccination. Some of those opposed to getting vaccinated are being fired by hospitals and health facilities. Because of this, a controversy is arising between employee rights and patient safety, according to a number of news sources.

Click here to read more on […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Health Care Industry, In the Know, In the News, Nurses, The Health Law Firm Blog|

New Professional Liability Insurance Benefits for Health Professionals

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

I have been pleasantly surprised recently to discover that several professional liability insurance companies have raised their coverage amounts and added coverage in areas sorely needed by health professionals. I’m referring to coverage for incidents not necessarily related to malpractice or professional liability.

I do note that Healthcare Providers Service Organization (HPSO) Insurance has increased its basic policy limits from a cap of $3,000,000 in the aggregate per year to $5,000,000 aggregate per year for counselors on professional liability coverage.

However, we have always maintained that the most important coverage for […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Health Care Industry, In the Know, Insurance, The Health Law Firm Blog|

Medicare Put the Hospice Industry Under the Microscope

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

It’s no surprise to anyone that Medicare is cracking down on hospices around the country. According to a report by the Office of Inspector General (OIG), eighty-two percent (82%) of hospices’ claims did not meet Medicare coverage requirements. That is why Medicare is investigating the industry as a whole. Specific details on what Medicare is looking for can be found in the 2013 OIG Work Plan. Click here to read the 2013 OIG Work Plan.

So far, Medicare has kept true to its word. During the week of […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Health Care Industry, In the Know, In the News, Medicare, Medicare Audit, The Health Law Firm Blog|

VA Physicians and Health Professionals Should Fight Allegations of Substandard Care in Peer Review Matters

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

I have represented physicians, psychologists, nurse practitioners, nurses and other health professionals working in Veterans Administration (VA) medical centers and clinics throughout the United States. My representation has included personnel and employment issues, disciplinary actions, investigations, peer review investigations, clinical privileges actions, fair hearings, National Practitioner Data Bank (NPDB) actions and appeals.

If a complaint involving allegations of lack of clinical competence or skill is made, it is extremely important for the physician or nurse practitioner to retain the services of an experienced health lawyer to represent him or her immediately. This is […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Health Care Industry, In the Know, The Health Law Firm Blog, Veterans Administration physician representation|

Health Care Professionals Take Note of the New HIPAA Rules

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

With the popularity of electronic health records (EHRs), social media and everything in between, the U.S. Department of Health and Human Services (HHS) has released stronger rules and protections governing patient privacy. On January 17, 2013, the HHS announced the omnibus rule to strengthen the privacy and security protection established under the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

Click here to read the entire 563-page rule.

Now, I can’t say that I’ve read […]

By The Health Law Firm|2024-03-14T10:00:45-04:00June 1, 2018|HIPAA, Hitech Act, In the Know, The Health Law Firm Blog|

Lehigh University Student Sues Grad School for $1.3 Million for Bad Grade

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

While in school, we all received grades that we believed to be unfair or unwarranted. One graduate of Lehigh University in Pennsylvania, has taken her bad grade to court. She is suing the university over a “C+” grade. In the lawsuit, the student claims that if not for a zero she was given in participation for a fieldwork class in 2009, she would have gotten a “B.” That grade would have allegedly allowed the student to move on toward finishing her master’s in counseling and human services. The student claims the one bad grade […]

By The Health Law Firm|2024-03-14T10:00:45-04:00June 1, 2018|In the Know, In the News, Medical Students, The Health Law Firm Blog|

Multiple States Move to Enact New Laws Related to Controlled Substances

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

In reports from both coasts, three states have recently made moves to tighten monitoring and prescribing of controlled substances. Legislators in California, Pennsylvania and Kentucky are contemplating new actions. Health professionals should take note, these prescription drug monitoring programs can, and will be, used as a prosecution tool.

Prescription Drug Monitoring Programs by State.

According to the Los Angeles Times, California is looking to utilize its prescription drug monitoring program CURES to find physicians who are a little too loose with the prescription pad. Lawmakers are contemplating mining the data compiled by CURES to find physicians who are overprescribing and take action against […]

By The Health Law Firm|2024-03-14T10:00:45-04:00June 1, 2018|Health Care Industry, In the Know, Pain Management, Pharmaceutical Drugs, The Health Law Firm Blog|

Optometrists and Ophthalmologists Not Seeing Eye to Eye Over Proposed Law Allowing Prescribing

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

This year Florida House Bill 239 and Florida Senate Bill 278 has been reignited in the Florida Legislature. This legislation is pitting optometrists and ophthalmologists against each other in what is being called the “eyeball wars,” according to the Fort Myers News-Press. These bills would expand the authority of optometrists to prescribe certain medications and treat some eye conditions. Optometrists and ophthalmologists are both trying to gain support for their respective viewpoints.

Click here to read the article from Fort Myers News-Press.

Florida House Bill 239 and Florida […]

By The Health Law Firm|2024-03-14T10:00:46-04:00June 1, 2018|Health Care Industry, In the Know, Ophthalmologist, The Health Law Firm Blog|

First Trial Over DePuy Hip Implants Finished – Plaintiff Receives $8.3 Million

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Carole C. Schriefer, R.N., J.D., The Health Law Firm

On March 8, 2013, a California jury ruled that Johnson and Johnson’s DePuy unit designed a defective metal-on-metal ASR XL hip implant and was negligent, according to Bloomberg News. The plaintiff in this case was awarded $8.3 million in compensation damages, after the jury found that the design of the hip implant was the reason behind the plaintiff’s injuries. This is the first trial, out of 10,750 lawsuits filed against DePuy’s ASR XL hip implant. Click here to read […]

By The Health Law Firm|2024-03-14T10:00:46-04:00June 1, 2018|Health Care Industry, In the Know, In the News, Products Liability Cases, The Health Law Firm Blog|

Two National Recalls Prompt Food and Drug Administration (FDA) to Update Metal-on-Metal Hip Implant Safety Concerns

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Carole C. Schriefer, R.N., J.D., The Health Law Firm

On January 17, 2013, the Food and Drug Administration (FDA) issued an updated public health communication about hip replacement components that have both a metal ball and a metal socket, or metal-on-metal hip devices. This comes after two recent hip replacement recalls that are sparking thousands of lawsuits. Click here to read the FDA communication.

In August 2010, Johnson and Johnson’s DePuy Orthopaedics implemented a DePuy ASR hip recall, withdrawing more than 93,000 hip implants from the market. […]

By The Health Law Firm|2024-03-14T10:00:46-04:00June 1, 2018|In the Know, In the News, Products Liability Cases, The Health Law Firm Blog|