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Florida Gov Signs Sweeping COVID-19 Liability Protections Into Law

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

On March 29, 2021, Florida Gov. Ron DeSantis signed a bill that protects businesses, governments, and healthcare providers in Florida from COVID-19 lawsuits if they make a reasonable effort to follow guidelines to prevent the spread of coronavirus (whatever that means). Specifically, the measure gives civil immunity to corporations, hospitals, nursing homes, government entities, schools, and churches as long as the alleged negligence doesn’t involve gross negligence or intentional misconduct. The House Passed S.B. 72 on March 26, in an 83-31 vote, and DeSantis signed it the same day he received it from the […]

By The Health Law Firm|2024-04-28T20:00:06-04:00April 30, 2024|Health Facilities Law Blog|

Texas Hospital’s COVID-19 Vaccine Mandate Upheld by Federal Court

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

As some states lift COVID-19 restrictions, the business community is still grappling with the dynamic between the COVID-19 vaccine and workplace operations. To address this, some U.S. employers have elected to adopt mandatory vaccination policies. These policies, in essence, require that, subject to a few exceptions, all employees must receive the COVID-19 vaccine as a condition of continued employment.

Not surprisingly, we see various legal challenges to mandatory COVID-19 vaccination policies across the country. On June 12, 2021, a federal court in Texas became the first to rule on the permissibility of such policies […]

By The Health Law Firm|2024-07-30T09:42:43-04:00April 23, 2024|Pharmacy Law Blog|

University of Colorado Sued For Denying COVID-19 Vaccine Religious Exemptions

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

On September 29, 2021, a pediatrician and medical student sued the University of Colorado Anschutz Medical Campus (CU) for denying COVID vaccine religious exemptions. The U.S. District Court lawsuit argued that school administrators judge the validity of personal religious beliefs in violation of the First Amendment.

Religious Exception For COVID Vaccine.

Both plaintiffs are challenging the denial of their requests for religious exemptions from the school’s COVID vaccination mandate. The lawsuit alleges that the university arbitrarily grants religious exemptions to its vaccine requirement for all staff and students. It also claims that CU is approving requests that are […]

By The Health Law Firm|2024-04-21T20:00:11-04:00April 23, 2024|Medical Education Law Blog|

DOJ Drops Charges in Appalachia Opioid Case After Supreme Court Ruling
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DOJ Drops Charges in Appalachia Opioid Case After Supreme Court Ruling

Pharmacy Law Blog

DOJ Drops Charges in Appalachia Opioid Case After Supreme Court Ruling

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

On August 12, 2022, the U.S. Department of Justice (DOJ) announced that it dropped charges against the remaining defendants in a case against a former Ohio drug distributor. In 2019, Miami-Luken, two of its executives, and two pharmacists were charged with unlawfully conspiring to distribute millions of addictive painkillers across rural Appalachia.

The Original Indictment.

The DOJ issued an indictment against the five defendants in 2019 and charged all with conspiracy to distribute a controlled substance. It alleged Miami-Luken had sent millions of Class II and III narcotic painkillers to pharmacies that served […]

By The Health Law Firm|2024-03-14T09:59:16-04:00December 2, 2023|Pharmacy Law Blog|

From the archives: COVID Uninsured Provider Relief Fund Expected To Run Out of Money Soon If Congress Doesn’t Act

Previously published on April 19, 2022
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In 2020, the U.S. Department of Health and Human Services (HHS) created the “Provider Relief Fund” (PRF) to help support healthcare providers in the battle against the COVID-19 pandemic. The federal program has served as a lifeline to frontline healthcare workers who’ve experienced revenue losses and increased demand for their services during the pandemic.

To date, it has allocated more than $178 billion in payments to over 410,000 providers across the United States. Click here to learn more.

COVID-19 Uninsured Relief Fund.

Let’s start with some good news: Under […]

By The Health Law Firm|2024-03-14T09:59:25-04:00July 14, 2023|Pharmacy Law Blog|

Florida’s Protecting DNA Privacy Act: How Will It Affect Healthcare Providers?

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

On June 29, 2021, Florida Gov. Ron DeSantis signed into law HB 833, known as the “Protecting DNA Privacy Act,” which took effect in Florida October 1, 2021. Under the act, collecting or submitting another person’s DNA sample for analysis without his or her express consent now constitutes a second-degree felony in the state of Florida. It amends Section 760.40, Florida Statutes, with the criminal penalties being set forth in Section 817.5655, Florida Statutes.

The new law clarifies the extent to which individuals own their genetic information. It also creates new crimes for the unlawful collection, […]

By The Health Law Firm|2024-03-14T09:59:27-04:00June 25, 2023|Health Facilities Law Blog|

COVID-19 Provider Relief Fund Expected To Run Out of Money If Congress Doesn’t Act Soon

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

In 2020, the U.S. Department of Health and Human Services (HHS) created the “Provider Relief Fund” (PRF) to help support healthcare providers in the battle against the COVID-19 pandemic. The federal program has served as a lifeline to frontline healthcare workers who’ve experienced revenue losses and increased demand for their services during the pandemic.

To date, it has allocated more than $178 billion in payments to over 410,000 providers across the United States. Click here to learn more.

COVID-19 Uninsured Relief Fund.

Let’s start with some good news: Under the COVID-19 relief funding, HHS created […]

By The Health Law Firm|2024-03-14T09:59:27-04:00June 16, 2023|Health Facilities Law Blog, In the News|

Florida Judge Sides With Family of Florida Publix Employee Who Died of COVID-19

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

On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that he would not dismiss the lawsuit filed by Gerardo Gutierrez’s family, who died on April 28, 2020, from complications caused by coronavirus. The suit was filed in the Florida Circuit Court for the Eleventh Judicial Circuit of […]

By The Health Law Firm|2024-03-14T09:59:38-04:00June 4, 2021|Health Facilities Law Blog|

Judge Won’t Toss Lawsuit Filed By Family of Florida Publix Employee Who Died of COVID-19

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

On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that he would not dismiss the lawsuit filed by Gerardo Gutierrez’s family, who died on April 28, 2020, from complications caused by coronavirus. The suit was filed in the Florida Circuit Court for the Eleventh Judicial Circuit of […]

By The Health Law Firm|2024-03-14T09:59:40-04:00May 14, 2021|Nursing Law Blog|

Florida Judge Won’t Toss Lawsuit Filed By Family of Publix Employee Who Died of Coronavirus

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

On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that he would not dismiss the lawsuit filed by Gerardo Gutierrez’s family, who died on April 28, 2020, from complications caused by coronavirus. The suit was filed in the Florida Circuit Court for the Eleventh Judicial Circuit of Miami-Dade County, Florida, in November 2020.

Publix Accused of Failing Its Workers & the Miami Beach Community.

The suit […]

By The Health Law Firm|2024-03-14T09:59:41-04:00April 23, 2021|In the News, Pharmacy Law Blog|