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Senate Republicans Announce Comprehensive 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|2024-03-14T09:59:53-04:00December 30, 2020|Health Facilities Law Blog, In the Know, In the News|

OSHA Fines Several Health Care Systems Over COVID-19 PPE Violations

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

On September 14, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with the appropriate personal protective equipment (PPE) during the coronavirus pandemic. OSHA has proposed $13,494 in penalties, the maximum allowed by law.

OSHA’s Coronavirus-related Investigation.

After receiving reports of employee exposure, OSHA opened a coronavirus–related investigation. The agency found that the health system violated workplace safety protocols and put employees at risk of COVID-19 exposure.

In a press release, OSHA […]

By The Health Law Firm|2024-03-14T09:59:53-04:00December 28, 2020|Health Facilities Law Blog, In the News|

Veterans Urge Federal Court To Reconsider DEA Marijuana Classification

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

On October 1, 2020, military veterans urged the U.S. Ninth Circuit Court of Appeals to reconsider the U.S. Drug Enforcement Administration’s (DEA) restrictive marijuana classification. The Iraq and Afghanistan Veterans of America (IAVA) said in an amicus curiae (friend of the court) brief that designating the drug a highly controlled substance has impeded medical research that could save lives.

Marijuana Claimed to Be a “Life-saving Treatment” for Veterans.

IAVA’s brief focused on suicide rates among returning soldiers. The group claimed the current status of marijuana on the drug schedules, listing it as a Schedule I drug, one without […]

By The Health Law Firm|2024-03-14T09:59:53-04:00December 21, 2020|In the News, Marijuana Law Blog|

Woman Posing as Nurse For Six Years Sentenced to Prison For Health Care Fraud, Identity Theft, and Wire Fraud

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

On September 23, 2020, a Tennessee woman who posed as a nurse working at several medical facilities was sentenced to more than four years in prison. In December 2019, she pled guilty to wire fraud, healthcare fraud, identity theft, and practicing nursing without a license.

How a Phony Nurse Gained Employment.

According to a news release from the U.S. Attorney’s Office, the woman posed as a registered nurse, despite not having a nursing degree or a nursing license, and having no nursing experience. To accomplish the fraud, she obtained the license numbers of real […]

By The Health Law Firm|2024-03-14T09:59:53-04:00December 21, 2020|In the News, Nursing Law Blog|

Yale University Agrees to Pay $87,500 to Settle Allegations It Underpaid Female Doctors
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Yale University Agrees to Pay $87,500 to Settle Allegations It Underpaid Female Doctors

In the Know, In the News, Medical Education Law Blog

Yale University Agrees to Pay $87,500 to Settle Allegations It Underpaid Female Doctors

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|2024-03-14T09:59:54-04:00December 16, 2020|In the Know, In the News, Medical Education Law Blog|

Non-physician Pill Mill Owners in Tampa Sentenced To Prison Time For Illegal Distribution Of Opioids
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Non-physician Pill Mill Owners in Tampa Sentenced To Prison Time For Illegal Distribution Of Opioids

In the News, Pharmacy Law Blog

Non-physician Pill Mill Owners in Tampa Sentenced To Prison Time For Illegal Distribution Of Opioids

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

On October 7, 2020, two owners of a medical practice in Tampa, Florida, were sentenced to federal prison time for their roles in the illegal distribution of opioids. U.S. District Judge Mary S. Scriven sentenced Ernest Gonzalez to 46 months and Rosa Colon to 24 months in federal prison for conspiracy to distribute and dispense controlled substances for no legitimate medical purpose.

Plot to Illegally Distribute Controlled Substances.

According to court documents, Gonzalez served as the president and owner of Health and Pain Center (HPC), a Tampa pain management clinic. In […]

By The Health Law Firm|2024-03-14T09:59:54-04:00December 16, 2020|In the News, Pharmacy Law Blog|

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

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|2024-03-14T09:59:54-04:00December 14, 2020|In the News, Nursing Law Blog|

Florida Dentist’s COVID-19 Business Interruption Insurance Claim Dismissed

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|2024-03-14T09:59:54-04:00November 30, 2020|In the News, Pharmacy Law Blog|

OSHA Issues Citations to Health Care Systems Over COVID-19 PPE Violations

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

On September 14, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with the appropriate personal protective equipment (PPE) during the coronavirus pandemic. OSHA has proposed $13,494 in penalties, the maximum allowed by law.

OSHA’s Coronavirus-related Investigation.

After receiving reports of employee exposure, OSHA opened a coronavirus–related investigation. The agency found that the health system violated workplace safety protocols and put employees at risk of COVID-19 exposure.

In a press release, OSHA […]

By The Health Law Firm|2024-03-14T09:59:54-04:00November 25, 2020|In the News, Nursing Law Blog|

What Foreign Medical Graduates Need to Know Before Transferring Medical Schools

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

When medical school graduates who graduated from a medical school outside of the United States want to practice medicine in the United States, they register with the Educational Commission for Foreign Medical Graduates (“ECFMG”). The ECFMG issues certificates to foreign medical graduates to register for and take the United States Medical Licensing Examination (“USMLE”) Step exams. Medical graduates must take and pass all of the USMLE Step exams to practice medicine in the United States.

Guidelines for Medical School Transfers.

The ECFMG has several rules and procedures regarding a foreign medical […]

By The Health Law Firm|2024-03-14T09:59:54-04:00November 25, 2020|In the Know, Medical Education Law Blog|