Feds File Two Lawsuits Against Novartis for Allegedly Giving Kickback to Pharmacists and Physicians
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Novartis Pharmaceuticals Corporation (NPC) is currently fielding two different lawsuits, filed just days apart from each other, by the U.S. Department of Justice (DOJ). The first lawsuit was filed on April 23, 2013, alleging the company gave illegal […]
Supreme Court to Determine if Pay-for-Delay Agreements Between Brand and Generic Drug Manufacturers are Legal
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Supreme Court is currently looking into whether brand name drug manufacturers may pay generic drug manufacturers to keep the generic drugs off the market. These payments, often called pay-for-delay, are usually a form of settlement between the […]
Recall Alert: FDA Warns Steroid Injections Compounded by Tennessee Pharmacy May Be Contaminated
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The U.S. Food and Drug Administration (FDA) sent out a warning to health care professionals that steroid injections compounded by Main Street Family Pharmacy, LLC, in Tennessee, may be contaminated. The announcement came on May 24, 2013. So […]
Two Orlando-Area Pharmacists Arrested on Charges of Allegedly Trafficking Drugs
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two Orlando-area pharmacists were arrested on June 4, 2013, allegedly in connection to trafficking oxycodone, according to a number of local media sources. An Orlando Sentinel article states that the pharmacists are also co-owners of an Orlando pharmacy […]
Terrible Things That Can Happen after Discipline on Your Pharmacist License or Resignation of a Pharmacist License after Notice of Investigation
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Do you have a pharmacist license in several different states? Do you have a license in more than one health profession? Have you been notified that an investigation has been opened against you? Are you thinking about resigning […]
The Government’s Use of Civil Forfeiture to Combat Health Care Fraud and Pill Mills in Florida
By Christopher E. Brown, 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 Recently we have seen government prosecutors and agencies, including the Medicaid Fraud Control Unit (MFCU), the U.S. Attorney General’s (AG) Office, and local sheriff and police departments use the […]
Generic Drug Maker Ranbaxy Pleaded Guilty to Claims of Adulterated Drugs-Must Pay $500 Million Fine
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Generic drug maker Ranbaxy USA Inc., pleaded guilty to drug safety violations and will be responsible for paying $500 million in criminal and civil fines, according to the Department of Justice (DOJ). The fines will resolve claims that […]
Jury Awards Walgreens Customer $1.44 Million Over HIPAA Violation
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 An Indiana jury awarded a Walgreens customer $1.44 million on July 26, 2013, over a Health Insurance Portability and Accountability Act (HIPAA) violation, according to the Indianapolis Star. The […]
“Operation Main Pain” Targets More Than 60 in Fraudulent Prescription Drug Ring
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Sarasota County Sheriff’s Office announced a fraudulent prescription drug ring bust that spanned throughout Sarasota and Manatee counties in Florida, on September 19, 2013. So far, 61 people, including the alleged ringleader have been arrested. The operation […]
New Permit Law for Florida Pharmacies that Compound Sterile Products
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 Florida Board of Pharmacy announced a new law which will be required for pharmacies that compound sterile products. Effective September 23, 2013, Rule 64B16-28.100(8), Florida Administrative Code (F.A.C.), requires […]
Drug Quality and Security Act Boosts FDA Regulations Over Compounding Pharmacies
By Lance O. Leider, J.D., The Health Law Firm On November 18, 2013, the United States Senate voted to increase federal oversight of compounding pharmacies that produce large volumes of mixed drugs. This bill comes in the wake of last year’s meningitis outbreak stemming from unsanitary conditions at the New England Compounding Center (NECC). Click […]
Compounding Pharmacies Urged to Sign Up for U.S. Food and Drug Administration Oversight
By Lance O. Leider, J.D., The Health Law Firm It is estimated there are 3,000 compounding pharmacies in the United States, 14 of which have signed up to be regulated by the U.S. Food and Drug Administration (FDA) under the Drug Quality and Security Act. On January 8, 2014, the commissioner of the FDA sent […]
Florida Woman Arrested for Allegedly Posing as a Nurse, Giving Botox Injections-For Second Time
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Florida Board of Pharmacy Updates Record Retention Rules for Pharmacies
By Lance O. Leider, J.D., The Health Law Firm At its meeting held on February 12, 2014, the Florida Board of Pharmacy voted to approve language changes to a number of rules. Specifically, those changes were put into effect to establish a uniform four-year retention policy for pharmacy records. Previously the Board’s rules were not […]
Out-of-State Compounding Pharmacies May Need a Permit To Do Business in Florida
By Lance O. Leider, J.D., The Health Law Firm Beginning on October 1, 2014, out-of-state compounding pharmacies may be required to hold a compounded sterile product permit. That’s because the Regulated Industries Committee of the Florida Senate voted on March 13, 2014, to approve a bill increasing the restrictions on out-of-state compounding pharmacies that ship […]
Florida Legislature Reforms Pharmacy Benefit Manager Audit Practices
According to the Florida Legislature, it’s time for pharmacists to focus on their patients instead of paperwork. On June 13, 2014, Florida Governor Rick Scott signed Florida Senate Bill 702 into law. This law introduces clear guidelines of acceptable audit practices of pharmacies in the Sunshine State. There are more than 2,700 pharmacies across Florida […]
Appealing Final Orders and Emergency Suspension Orders (ESOs) from the Florida Board of Nursing
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The professional boards for licensed health professionals in Florida, such as the Board of Nursing, are all under the Florida Department of Health (DOH). Each board is responsible for disciplinary actions and other matters regulating the professions under […]
OIG Issues Advisory Opinion to Specialty Pharmacy for Support Service Payments
By Lenis L. Archer, J.D., M.P.H., The Health Law Firm There is an inherent risk in entering into financial arrangements where payments to a service provider are only made when a referral is generated. On August 15, 2014, the Office of Inspector General (OIG) made this perfectly clear in an unfavorable advisory opinion issued to […]
Nurses, No More Excuses: Get a Personal Professional Liability Insurance Policy Now-Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law To protect yourself from automobile accidents, you carry auto liability insurance. To protect your home from fire, storms and other accidents, you carry homeowners’ insurance. However, I have noticed many nurses fail to carry any insurance to protect […]
Florida Toughens Up Drug Compounding Law for Out-of-State Pharmacies
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A new, stricter law on Florida’s compounding pharmacy industry took effect October 1, 2014. The new law increases the restrictions for out-of-state compounding pharmacies and outsourcing facilities that ship medications into Florida. The law also gives the Florida […]
Selling Tobacco Can Get You Penalized By Insurance Panels
By Lance O. Leider, J.D., The Health Law Firm Beware: selling cigarettes could burn a hole in your pocket. The CVS Health Corporation (CVS), the nation’s second-largest drug store, is currently in the midst of launching a tobacco-free prescription-drug network. The company announced in October 2014, that it will begin offering a tobacco-free pharmacy plan […]
FDA Issues New Warning for Popular Type 2 Diabetes Drug
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Food and Drug Administration (FDA) recently warned that a new class of type 2 diabetes drugs may cause a serious condition and can lead to hospitalization. Included in that warning is Invokana, the first in a new […]
Purpose of Florida E-FORCSE Prescription Database Not for Disciplinary or Criminal Prosecution Purposes Against Physicians, Pharmacists or Other Health Professionals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As you are no doubt aware now, Florida has an active prescription drug monitoring program (PDMP). It is called the “Electronic-Florida Online Reporting of Controlled Substances Evaluation” or “E-FORCSE.” More often it is referred to simply as the […]
Why Physicians Should Not Prescribe for Family or Self
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Shelby Root Physicians are frequently asked by their family and friends to refill prescriptions. However, there are legal and ethical issues associated with prescribing to self, family or friends. A physician may prescribe to family and friends […]
FDA Approves New Cholesterol-Reducing Drug
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The first of a new class of cholesterol-lowering drug was approved by U.S. regulators on Friday. The new medicine is a highly anticipated medical advance that, unfortunately, will have the effect of escalating already growing drug costs. This […]
Designation as “Controlled Substance Prescriber” on DOH Provider Profile Not a Bar to Prescribing Controlled Substances, According to Board of Medicine
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law According to a posting the Florida Board of Medicine, Department of Health made on its website on July 21, 2015, a physician’s failure to be designated as a “Controlled Substance Provider” in his or her online DOH provider […]
Fraud and Abuse Plagues Medicare Prescription Drug Program
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Fraud and abuse continue to dog Medicare’s Part D program, despite a surge of initiatives launched to prevent them, according to a new report issued by the Office of Inspector General (OIG), Department of Health and Human Services […]
Florida Compounding Pharmacy Pays $3.7 Million in Tricare False Claims Settlement
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In May of 2015, Tricare began screening all compound medication prescriptions to ensure approval of each ingredient with the Food and Drug Administration (FDA). This decision came after a finding of a significant increase in compound drug prescriptions […]
Pill-Mill Crackdown Hurting Patients With Legitimate Pain
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida has been plagued for years with the reputation of being the “pill mill capital of the country.” Lawmakers needed to do something about prescription painkiller abuse. But, the crackdown on pill mills has produced unintended consequences. Since […]
Pfizer’s Wyeth Pharmaceutical Inc. Claims Whistleblower Cannot Prove Alleged Promotion of Off-Label Prescribing in Federal Court Case
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two whistleblowers brought suit against Pfizer’s Wyeth Pharmaceutical Inc. (Wyeth) alleging violations of the False Claims Act (FCA). Relator Lauren Kieff alleged the company encouraged physicians to prescribe its acid reflux drug, Protonix, off-label. This is in addition […]
Arizona Appeals Court Affirms Dentist’s Suspension Over Questionable Prescriptions
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 13, 2016, an Arizona appeals court affirmed the suspension of a dentist who allegedly had a history of opioid addiction and who also allegedly wrote dozens of questionable prescriptions. The Arizona appeals court held that the […]
East Texas Lab Agrees to Pay $3.75 Million to Settle False Claims Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 14, 2016, owners of an East Texas clinical laboratory who overcharged Medicare for falsified driving mileage bills have agreed to pay the U.S. government $3.75 million to settle a whistle blower’s False Claims Act (FCA) lawsuit. […]
Forest Labs Agree to Pay $38 Million Settlement to End Whistle Blower’s FCA Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 15, 2016, Forest Laboratories agreed to pay $38 million to resolve a whistle blower’s False Claims Act (FCA) suit involving allegations that it paid kickbacks to doctors who prescribed three of the company’s drugs, the U.S. […]
FDA’s Agenda for 2016: Biggest Issues on Agency’s Calendar for the New Year
By: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Food and Drug Administration (FDA) has great influence on a vast array of issues impacting the medical industry in the U.S. The decisions it makes in 2016 will have a significant impact for health care providers and […]
Safeway Pharmacy Settles Medical Negligence and Wrongful Death Suit Over Woman’s Death
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 5, 2016, a Nebraska magistrate judge signed off on an agreement resolving a widower’s wrongful death suit. The medical negligence suit contends that Safeway pharmacists negligently dispensed methadone and another medication to the plaintiff’s now-dead wife […]
New Jersey Pharmacy Agrees to Pay $1.9 Millions to Settle Allegations of Medicaid Overbilling
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A pharmacy in New Jersey, Cross Roads Pharmacy, agreed to pay over $1.9 million to resolve allegations of its overbillling the Medicaid Program. According to the Office of the State Comptroller, more than 3,800 claims were submitted by […]
Wisconsin Supermarket Violated FCA With Illegal Kickbacks, Pharmacist Claims
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 20, 2016, a pharmacist and whistle blower told an Illinois federal court that Wisconsin and Chicago-area chain of grocery stores, Roundy’s Supermarket, Inc. (Roundy’s), knew gift cards it was providing Medicare and Medicaid beneficiaries were actually […]
Holding off a Professional License Revocation or Suspension During Appeal
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a physician, dentist, nurse, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. As a matter of course, […]
Feds Reach Deal With Florida Compounding Pharmacy Owners, Agree to Pay Almost $7.8 Million to Settle FCA Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2016, co-owners of a Maitland, Florida, compounding pharmacy agreed to pay $7.75 million to the federal government to resolve False Claims Act (FCA) allegations. QMedRx reached the settlement in connection with alleged fraudulent billing practices […]
Legal Access to Marijuana Expands: California Legalizes Recreational Pot & Florida Legalizes Medical Marijuana
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law After looking at the red and blue map of America from the recent presidential election, it may be time to add some green. On November 9, 2016, the movement to legalize marijuana, which has been in the public […]
U.S. Enforcing Law For Equal Insurance Coverage For Mental and Physical Illnesses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 27, 2016, President Obama made one more major health care initiative as his presidency comes to an end. The administration is stepping up enforcement of laws that require equal insurance coverage for mental and physical illnesses. […]
Healthcare Providers Service Organization (HPSO) Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law There have been times where we were told by the health professionals we represent, especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding […]
Major Health Care Reform Bill On FDA Approvals, Mental Health Policy Clears House
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 30, 2016, the House of Representatives passed the 21st Century Cures Act. The new bill overwhelmingly passed wide-ranging legislation meant to overhaul the drug approval process, boost biomedical research, and many other significant health-related policies. The […]
Medicare Administrative Contractor and Other Contractors Continue to Discipline Medicare Providers Who Do Not Have Correct, Current Address Information on File; This Is One Thing You Definitely Want to Check up On!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We continue to receive calls from physicians and other Medicare providers who have had their Medicare billing privileges revoked or terminated because their address information is not up to date or is incomplete. You must include a physical […]
Florida-Based Compounding Pharmacy Violated False Claims Act by Overcharging Tricare, Feds Claim
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 3, 2017, a compounding pharmacy based in Tampa, Florida, charged Tricare at least 2,000 percent more for drugs than it charged cash payers, according to the government. Teh government claimed that the Florida pharmacy acted in […]
DOJ Releases 2016 False Claims Act Recovery Statistics: Third Highest Annual Recovery Ever
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 14, 2016, the U. S. Department of Justice (DOJ) released its annual False Claims Act (FCA) recovery statistics. It revealed that the DOJ obtained more than $4.7 billion in settlements and judgments from civil cases involving […]
$785M Pfizer FCA Deal: Whistleblowing Doctor Agrees To Split Fees
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Dr. William LaCorte, M.D., a whistleblowing physician in Metairie, Louisiana, helped win a $785 million False Claims Act settlement on November 29, 2016, with Pfizer, Inc., one of the World’s largest pharmaceutical companies. Dr. LaCorte agreed with his […]
Pharmacist Dismissed From FCA Kickback Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Former Ukrainian Village Pharmacy, Inc. (UVP) president, Svitlana Kharlamova, cannot be held liable for her alleged retaliation against another pharmacist. Former UVP employee, Yury Grenadoyor, had filed a lawsuit accusing Kharlamova of participating in a scheme to waive […]
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Pharmacists and Pharmacies
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Pharmacy cases, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an […]
Finding an Attorney/Lawyer To Represent Pharmacists and Pharmacies That Take CPH & Associates (CPH&A) Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from pharmacists and pharmacy owners who call and retain us to represent them. Often these pharmacists and pharmacy owners retain us after adverse disciplinary action has already been taken against their licenses or DEA registrations. […]
Former Pharmaceutical Sales Rep to Serve 70 Months in Prison for Part in $13M Oxycodone Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 24, 2017, a federal judge in the U.S. Southern District of Florida in Miami sentenced a former pharmaceutical salesman to nearly six years in prison for his part in a $13 million money laundering scheme. The […]
3 Sentenced in Florida for $175 Million Drug Compounding Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 24, 2017, three participants were sentenced in Florida federal court, for a scheme that used call centers and kickbacks to generate fake prescriptions for compounding pharmacies. The scheme was able to scam the government and private […]
20 Tips Plus a Bonus for Physicians Negotiating Their Own Employment Contracts
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At The Health Law Firm, we often receive calls from physicians and health professionals about reviewing and negotiating contracts, preparing contracts, helping employers and employees enforce contracts, voiding contracts, getting out of contracts and litigating various contract provisions. […]
Florida Gov. Rick Scott Makes Changes to Florida Impaired Practitioners Program
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 31, 2017, Florida Governor, Rick Scott, signed into law House Bill 229 (Ch. 2017-41, Laws of Florida), which made changes to the statutory basis for Florida’s impaired practitioner programs. The impaired practitioner program for nurses in Florida […]
Responding to a Medicaid Audit: Important Tips You Should Know
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Agency for Health Care Administration (AHCA), Office of Inspector General (OIG), Bureau of Medicaid Program Integrity, is the Florida agency responsible for routine audits of Medicaid health care providers. Each state has a similar state agency, though […]
U.S. Court in Florida Dismisses Whistleblower’s Complaint Against Nuclear Pharmacy
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 28, 2017, the U.S. District Court for the Middle District of Florida dismissed a relator’s (whistle blower’s) False Claims Act (FCA) complaint against a nuclear pharmacy in Tampa. The court found that the relator failed to […]
Mother Files Suit Against Walgreens Over Prescription That Killed Her Son
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 31, 2017, an Illinois woman filed suit against Walgreens with a state court suit claiming store personnel gave her incorrect instructions for handling the anti-rejection drugs prescribed to her 3-year-old son. The medication was prescribed to […]
Florida Woman Lands Herself 6.5 Years in Prison, Owes $45 Million for Medicare Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 22, 2017, a Florida woman who was accused of a $45 million Medicare fraud, received a six-and-a-half-year prison sentence, following a 2016 U.S. Supreme Court decision in her case holding that the government could not freeze […]
Appeals Court Affirms Discipline for Doctor Who Sold Prescriptions at Bar
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 15, 2017, a physician who sold painkiller prescriptions to patients at a bar and restaurant, had his two-year probation for unprofessional conduct upheld by a Maryland appeals court. The court upheld the decision after it found […]
Alabama Doctor and 3 Nurse Practitioners Charged With Running Fraudulent Pill Mill
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 6, 2017, three nurse practitioners and a doctor were arrested following an Alabama federal grand jury indictment accusing them of operating a “pill mill.” According to the U.S. Department of Justice (DOJ), all four allegedly dispensed […]
20 Tips to Help You Survive Facing Peer Review for Your Hospital Clinical Privileges-Part 2 of 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Part 1 of this blog I began a list of tips that should serve you well if you are notified by your hospital or medical staff that you are the subject of an internal or external peer […]
Federal Judge Refuses to Dismiss Florida Compounding Pharmacy’s FCA Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 4, 2017, a Florida federal judge refused to dismiss the federal government’s False Claims Act (FCA) suit against a compounding pharmacy. RS Compounding LLC and its owner, Renier Gobea, are accused of overbilling Tricare for prescriptions. […]
Little Known Facts About State and DOH Investigations That Could Save Your Professional License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The notice that you are under investigation may seem nonthreatening. It may come in the mail, be delivered personally by an investigator or you may receive a telephone call from the investigator. This is a very serious matter […]
Illinois Implements New Regulations That Allow Psychologists to Prescribe
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Illinois clinical psychologists can now obtain licenses to prescribe medications for mental conditions under new regulations passed by the state. The new regulations issued by the Illinois Department of Financial and Professional Regulation (IDFPR) took effect in October […]
New Florida Rules Shorten Required Hours For Community Pharmacies and Change Start of Business Requirements
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Board of Pharmacy (BOP) amended its rules regarding community pharmacies following a request for relief by industry health care professionals. The amended rules include shortening community pharmacy hours of operation from 40 to 20 hours per […]
New Jersey Woman Confessed to $1 Million DNA Testing Medicare Fraud Scheme.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 1, 2016, Sheila Kahl pled guilty in a New Jersey federal court that she took part in a $1 million Medicare fraud scheme. Kahl admitted to two conspiracy charges deriving from a scheme involving a nonprofit […]
Florida Doctors and Pharmacists Beware: Gov. Scott Declares State of Emergency for Opioid Abuse Crisis
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 3, 2017, Florida Gov. Rick Scott declared a state of emergency to combat Florida’s opioid-addiction epidemic. According to the governor, the number of overdose deaths has reached epidemic proportions. This declaration will allow nearly $30 million […]
How to Prepare for an Informal Hearing Before the Florida Board of Pharmacy
By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law If you are scheduled to appear for an informal hearing before the Florida Board of Pharmacy, there are a number of facts that you will want to know in order to be properly prepared. This article will cover […]
South Florida Man Pleads Guilty to Fraudulently Working as a Pharmacist
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press […]
Drug Enforcement Agency (DEA) Serves Up Immediate Suspension Order for Walgreens Distribution Center
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2012, the Drug Enforcement Agency (DEA) blocked the Walgreens distribution center in Jupiter, Florida, from shipping oxycodone and other controlled drugs to its pharmacies in Florida and the East Coast with an immediate suspension order, […]
Pharmacists: Beware of Scammers that Call and Claim to be DEA Agents
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Drug Enforcement Administration (DEA) is warning pharmacists to be aware of a prescription drug scam. This telephone scheme is extorting money from people all over the country. On November 28, 2012, the DEA released a press release […]
Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the […]
Negligence Will Determine the Success or Failure of the Meningitis Lawsuits Against Doctors and Clinics
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The victims and survivors of the meningitis outbreak are now filing lawsuits against the physicians and clinics that administered the tainted steroids. According to an article in The Tennessean, on January 29, 2013, a husband who lost his […]
Florida’s Medicaid Program Receives Settlement Payment from Pharmaceutical Company
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Attorney General’s (AG) Medicaid Fraud Control Unit (MFCU), 46 other states and the federal government reached a $48 million agreement with pharmaceutical company Healthpoint Ltd., on February 25, 2013. According to the Florida AG, the settlement […]
United Parcel Service (UPS) Agrees to Pay Settlement for Online Pharmacy Shipping
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law United Parcel Service, Inc. (UPS) will pay $40 million to the Department of Justice (DOJ) to settle a probe related to its shipments on behalf of illicit online pharmacies. This announcement came on March 29, 2013. Click here […]
Nation Rx Drug Abuse Summit Held in Central Florida-Leaders Share Struggles and Triumphs in “War Against Prescription Drugs”
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law From April 2 through April 4, 2013, the country’s leading experts on the prescription drug epidemic met in Central Florida for the National Rx Drug Abuse Summit, according to the Orlando Sentinel. National leaders including the White House […]
Crackdown in the Supply of Prescription Medications Drive Floridians to Heroin
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For the past three years, Florida lawmakers and officials have waged war against prescription drug abuse. At the peak of the pill abuse epidemic, seven people a day reportedly died of a prescription drug overdose in Florida. As […]
A New Trend in the Government’s Fight Against Health Care Fraud and Pill Mills: Civil Forfeiture
By Christopher E. Brown, 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 Recently, we have noticed government prosecutors and agencies, including the Medicaid Fraud Control Unit (MFCU), the U.S. Attorney General’s (AG) Office, and local sheriff and police departments use the […]
The Fight for Medical Marijuana Lights Up in Florida and Across the U.S.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The fight to legalize medical marijuana seems to be spreading across the country. In Florida, a medical marijuana group said it cleared the first major hurdle to get a proposed constitutional amendment for medical marijuana on the 2014 […]
CVS Blacklists Second Set of Doctors Accused of Overprescribing Painkillers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law CVS is again stepping up its own internal efforts to combat the nation’s prescription drug abuse epidemic. According to Reuters, the second largest retail pharmacy chain announced it is cutting off access to the most powerful painkillers for […]
Two Florida Doctors Convicted of Money Laundering Stemming from Pill Mill Operation in Broward and Palm Beach Counties
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two South Florida doctors faced life in prison and fines up to $2 million each because nine (9) of their patients allegedly died of drug overdoses, according to the Drug Enforcement Administration (DEA). However, on July 30, 2013, […]
Central Florida Doctor’s Home and Offices Raided Over Alleged Improper Prescribing Practices
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a joint operation, law enforcement officials raided the home and two offices of a Central Florida physician on November 8, 2013, according to the Osceola County Sheriff’s Office. The Osceola County Sheriff’s Office alleges that the doctor […]
Need Last Minute Deposition or Hearing Representation? Call The Health Law Firm
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Our office often takes phone calls from pharmacies and pharmacists needing short-notice representation at a Board of Pharmacy hearing or at a deposition related to a health care matter. In our experience, many other law firms refuse to […]
Generic Drug Labeling Change Proposed by FDA is Significant and Will Likely Negate Preemption of State Failure-to-Warn Claims in Generic Drug Cases
Guest Post: Alina Denis Jarjour, Esquire, Jarjour | Legal Under current law, an individual can bring a product liability action for failure to warn against a brand name drug company, i.e., the NDA (New Drug Application) holder, but generally not against a generic manufacturer, the holder of an ANDA (Abbreviated New Drug Application). Federal preemption […]
Florida Board of Pharmacy Approves Change to Destruction of Controlled Substances Rule
By Lance O. Leider, J.D., The Health Law Firm At its meeting held in Orlando, Florida, on February 12, 2014, the Florida Board of Pharmacy approved final changes to Rule 64B16-28.303, Florida Administrative Code. This rule governs the destruction of controlled substances by Class II Institutional Pharmacies. The focus of the new rule changes is […]
DEA Offers New Prescription Drug Return Policy
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Looking to improve the prescription drug abuse epidemic in the United States, the Drug Enforcement Administration (DEA) announced September 8, 2014, that it would permit patients to return their unused prescription medications to pharmacies. This new rule, covering […]
Pharmacies May be Liable for Filling Valid Prescriptions
By Lance O. Leider, J.D. Florida pharmacies have had their potential liability significantly expanded by the Fifth District Court of Appeal. In its recent decision, Oleckna v. Daytona Discount Pharmacy, the appellate court held that a pharmacy owes a duty to its patients that go beyond following the prescribing physician’s directions and properly dispensing the […]
OIG Issues Favorable Advisory Opinion 15-14 Involving 501(c)(3) Charitable Organization Funded by Pharmaceutical Manufacturers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A nonprofit organization (Requestor) requested an advisory opinion from the Office of the Inspector General (OIG). The organization is dedicated to helping financially needy patients, including those covered by Medicare and Medicaid, with a single disease state (Disease […]
2015 Proved to Be a Good Year in Medicine as FDA Approvals of First-Of-A-Kind Drugs Continued to Escalate
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law It’s been 19 years since anyone has seen the approval of more first-of-a-kind drugs by the U.S. Food and Drug Administration (FDA). 2015 proved to be a year of satisfactory innovation for medicine. With the approval of 45 […]
Miami Medicare Fraud Fugitive Returns After Hiding in Cuba
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On Friday, a Miami pharmacy owner charged in a Medicare fraud scheme, surrendered to U.S. authorities after hiding in Cuba for over two years. Sandy De La Fe, was charged in 2013 with unlawfully pocketing $2.8 million in […]
Miami Medicare Fraud Ring Busted By FBI: Many Suspects arrested, Some Flee to Cuba
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 28, 2016, agents from the Federal Bureau of Investigations (FBI) arrested 21 suspects on charges of operating Miami-Dade pharmacies as fronts to steal $17 million from the Medicare program. Four additional suspects are believed to have […]
Seventh Circuit Court of Appeals Declines Kmart’s Bid to Toss False Claims Act Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 27, 2016, the U.S. Seventh Circuit Court of Appeals rejected Kmart Corporation’s arguments in a False Claims Act (FCA) suit in Illinois. The court ruled against Kmart in the whistleblower action. Kmart was arguing that the […]
Health Care Providers: PLEASE Talk to an Attorney Before You Talk to an Investigator!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At The Health Law firm, we often receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. It is imperative to know […]
Does This Drug Make People Irresponsible Zombies?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The smoking-cessation drug Chantix has come into the spotlight and allegedly played a crucial role in a second violent crime. On August 8, 2016, a Maryland man was reported to have been found not criminally responsible for shooting […]
U.S. Patients Could See Lower Drug Prices From Normalization Of Business Relations With Cuba
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 14, 2016, the Obama administration declared its decision to lift a long-standing restriction on importing Cuban pharmaceuticals into the U.S. If the policy change is approved by the Food and Drug Administration (FDA), this could bring […]
Cuban Vaccine For Lung Cancer Followed Up In U.S. Clinical Trials
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A lung cancer vaccine that was developed in Havana, Cuba, will be the first such clinical trial to be approved by The Food and Drug Administration (FDA) for testing in the United States. October 26, 2016, the approval […]
Pharmacist Pled Guilty To $2.4 Million Prescription Fraud Scheme, Including Using Foreign Drugs
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 17, 2016, Walter Beich, an Illinois pharmacist, pled guilty to defrauding Medicare, Medicaid and several private insurers out of $2.4 million by submitting false reimbursement requests for prescriptions he had filled with counterfeit drugs or did […]
Florida Senate Health Committee Approves Change In Optometrist Certification
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 5, 2017, the Florida Senate Health Policy Committee approved a bill that would allow the Florida Board of Optometry to offer practical and written “certification” examinations to applicants. The bill would assist optometrists who were licensed […]
Drug Enforcement Administration (DEA) Agents May Surprise You at Florida Board of Pharmacy Meeting
By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law At several recent Florida Board meetings, after hearings at which disciplinary cases were considered by the Board, Drug Enforcement Administration (DEA) agents approached the health professional. Even in instances where the pharmacist was represented by an attorney and […]
20 Tips to Help You Survive Facing Peer Review for Your Hospital Clinical Privileges-Part 1 of 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a physician, nurse practitioner, psychologist, clinical pharmacist, oral surgeon, ophthalmologist, or other licensed health professional with clinical privileges in a hospital, chances are that one day you will be subject to a peer review action […]