The Health Law Firm Blog | The Health Law Firm Blog

Colorado Board of Pharmacy Must Hand Over Patient Identifying Data to DEA

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 22, 2020, a federal judge ordered the Colorado Board of Pharmacy to give the U.S. Drug Enforcement Administration (DEA) prescription drug monitoring program data on two pharmacies that the DEA is investigating. The data includes patient identifying information of more than 14,000 patients. The state must turn over the data by May 15, 2020, according to the order.

Pharmacy Investigations.

Citing concerns about the two pharmacies’ handling of controlled-substance prescriptions, the DEA issued subpoenas under the Controlled Substances Act in 2019. The DEA requested the information as part of an […]

By The Health Law Firm|2024-03-14T09:59:47-04:00March 4, 2021|Health care Law|

Three Charged For Roles in $109 Million Medicare Fraud Scheme, HIPAA Violations

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

In October 2020, Massachusetts federal prosecutors charged three people for their alleged roles in a multi-million dollar plot to defraud Medicare. Two individuals allegedly collected patient data and sold it to the purported mastermind, who used it to submit $109 million in false claims.

The two individuals who allegedly obtained the patient information were both located in Florida, wouldn’t ya know. They were each charged with one count of receiving more […]

By The Health Law Firm|2024-03-14T09:59:48-04:00February 24, 2021|Health Facilities Law Blog, In the News|

Doctor, You Might Need A Home Medical Equipment Provider License, If . . .

By Michael L. Smith, J.D., R.R.T. Board Certified by The Florida Bar in Health Law

Physicians frequently utilize electrostimulation or transcutaneous electrical nerve stimulation (TENS) units, and other medical equipment in the course of their practice. Most often the physician or the practice bills the patient or the patient’s insurance for the medical equipment. Unfortunately, some physicians do not know that a special Home Medical Equipment Provider (HMEP) license may be required in Florida in order to legally bill patients for TENS units, and other durable medical equipment that the physicians provide to their own patients. Violating the laws that require a license can place the physician and the practice in some serious […]

By The Health Law Firm|2024-03-14T09:59:49-04:00February 17, 2021|Health Facilities Law Blog, In the Know, In the News|

10 Biggest Mistakes Dentists Make That Cause DOH Complaints

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

In representing dentists in complaints against their licenses, we see similar cases over and over again. The dentists could have avoided many Department of Health (DOH) complaints that may wind up before the Board of Dentistry.

These are the ten biggest mistakes we see dentists make, leading to DOH complaints being filed and investigations being opened against them.

1. Requiring patients to pay an outstanding dental bill before releasing a copy of their dental records. This is prohibited by law. However, the patient can be charged for the copy of the record, up to […]

By The Health Law Firm|2024-09-06T09:45:23-04:00February 17, 2021|Health care Law|

Senate Republicans Announce New Privacy Legislation: The SAFE DATA Act

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

On September 17, 2020, Republican members of the Senate Commerce Committee introduced sweeping federal privacy legislation. The proposed law is called the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The Act is a combination of bills previously introduced in the Senate: the Consumer Data Protection Act, Filter Bubble Transparency Act, and the Deceptive Experiences to Online Users Reduction Act. It hasn’t passed, yet, so let’s wait and see.

HAH! You thought you had learned all of the acronyms and abbreviations because you know what HIPAA, HITECH, FERPA, USCDPA, and […]

By The Health Law Firm|2024-03-14T09:59:50-04:00February 10, 2021|Dental Law Blog, In the Know, In the News|

Yale University to Pay $87,500 Settlement For Alleged Pay Discrimination

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

Yale University agreed to pay $87,500 to resolve discrimination allegations with the U.S. Department of Labor. The discrimination alleged that the Ivy League school paid four women cardiologists significantly less than their male colleagues from October 2016 to September 2017. While not admitting the allegations, the university agreed to the settlement which will reportedly cover the difference in pay for the women affected, the Office of Federal Contract Compliance Programs (OFCCP) said.

Alleged Pay Discrimination.

The OFCCP first detected the pay disparities during a routine compliance audit of the […]

By The Health Law Firm|2024-03-14T09:59:50-04:00February 8, 2021|In the News, Nursing Law Blog|

Mississippi Businessman Sentenced to 18 Years in Prison For $288 Million Tricare Fraud Scheme

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

On January 15, 2021, a Mississippi man was sentenced to 18 years in prison by a federal judge for his role in a $287.6 million scheme to defraud the Tricare health benefits program. According to the U.S. Department of Justice (DOJ), he committed fraud by paying doctors and drug distributors kickbacks.

What is Tricare?

Tricare is the health care benefit program serving active-duty military personnel, military retirees, and […]

By The Health Law Firm|2024-03-14T09:59:50-04:00January 29, 2021|In the Know, In the News, Pharmacy Law Blog|

Federal Judge Rules Florida Pediatric Group Must Face EEOC Suit for Nurses’ Retaliation Compliant

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

On November 4, 2020, a Florida federal court judge ruled that a Tampa-based pediatric medical group cannot escape a U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, denying its attempts to dismiss the case. According to the federal agency, Pediatric Health Care Alliance unlawfully retaliated against a nurse after the nurse reported a doctor for sexual harassment. U.S. District Judge Thomas Barber denied the medical group’s motion […]

By The Health Law Firm|2024-03-14T09:59:51-04:00January 28, 2021|In the Know, In the News, Nursing Law Blog|

New Comprehensive Privacy Legislation Announced: The SAFE DATA Act

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

On September 17, 2020, Republican members of the Senate Commerce Committee introduced sweeping federal privacy legislation. The proposed law is called the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The Act is a combination of bills previously introduced in the Senate: the Consumer Data Protection Act, Filter Bubble Transparency Act, and the Deceptive Experiences to Online Users Reduction Act. It hasn’t passed, yet, so let’s wait and see.

HAH! You thought you had learned all of the acronyms and abbreviations because you know what HIPAA, HITECH, FERPA, USCDPA, and […]

By The Health Law Firm|2024-03-14T09:59:51-04:00January 27, 2021|In the Know, In the News, Nursing Law Blog|

DOJ Charges 345 People Allegedly Involved in More Than $6 Billion in Healthcare Fraud, Mostly Related to Telemedicine and Opioid Prescriptions

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

In September 2020, federal prosecutors charged 345 doctors, nurses, and other medical professionals allegedly involved in more than $6 billion in healthcare fraud. It is considered the largest Health Care Fraud and Opioid Enforcement Action in the Department of Justice’s history (DOJ). The schemes were related to telemedicine, illegal opioid distribution, and durable medical equipment, the DOJ said.

A National Fraud […]

By The Health Law Firm|2024-03-14T09:59:51-04:00January 26, 2021|In the News, Pharmacy Law Blog|