Dentists, What Should You Do If You Or Your Staff Tests Positive For COVID-19 at Your Practice?
By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law You or a member of your staff has a confirmed case of COVID-19. What now? Your primary concern is for the individual affected. However, as a health professional operating a professional practice, […]
CVS Fined for Prescription Errors and Poor Staffing at Oklahoma Pharmacies
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 16, 2020, the Oklahoma State Board of Pharmacy fined CVS, the nationwide pharmacy chain, $125,000, after auditors found safety issues and “chaotic” scenes at four of its pharmacies. State regulators in Oklahoma cited and fined the […]
Question: What Should You, as a Dentist, Do If You Or One of Your Employees Tests Positive For the COVID-19 Coronavirus?
By Achal A. Aggarwal, M.B.A., J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law You or a member of your staff has a confirmed case of COVID-19. What now? Your primary concern is for the individual affected. However, as a health professional operating a professional practice, […]
New Florida Law Allows Limited Pharmacist Medical Practice with Practice Agreements
By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law A new Florida law allows pharmacists to practice medicine to a certain extent underwritten collaborative practice agreements with physicians who are licensed to practice medicine or osteopathic medicine in Florida. The new law, signed by Governor DeSantis, took effect on […]
Emergency Order Allows Florida Pharmacists to Temporarily Order, Administer COVID-19 Tests
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 24, 2020, Florida Gov. Ron DeSantis announced he would expand the opportunities for people to obtain COVID-19 tests by allowing licensed pharmacists to order and administer them. For purposes of preparing for, responding to, and mitigating […]
Emergency Order Allows Florida Pharmacists to Order and Administer COVID-19 Tests
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 24, 2020, Florida Gov. Ron DeSantis announced he would expand the opportunities for people to obtain COVID-19 tests by allowing licensed pharmacists to order and administer them. For purposes of preparing for, responding to, and mitigating […]
Florida Pediatric Associates Files Suit For Alleged Non-Compliant EHR Program
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 16, 2020, a pediatrics group in Altamonte Springs, Florida, filed a proposed class-action lawsuit against a health care technology company called Greenway Health LLC (Greenway). Altamonte Pediatric Associates PA (Altamonte Pediatrics) says Greenway sold it an […]
Pediatric Group in Florida Claims EHR Program Not Compliant in Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 16, 2020, a pediatrics group in Altamonte Springs, Florida, filed a proposed class-action lawsuit against a health care technology company called Greenway Health LLC (Greenway). Altamonte Pediatric Associates PA (Altamonte Pediatrics) says Greenway sold it an […]
Prosecutors Push to Keep Florida TeleMedicine Suspect in Jail for $424 Million 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 19, 2020, federal prosecutors in New Jersey federal court pushed to keep a suspect involved in a $424 million telemedicine scheme in jail. Authorities called him an “unrepentant conman” who carried out one of the largest […]
Florida Prosecutors Want Telehealth Suspect to Remain in Jail For $424 Million 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 19, 2020, federal prosecutors in New Jersey federal court pushed to keep a suspect involved in a $424 million telemedicine scheme in jail. Authorities called him an “unrepentant conman” who carried out one of the largest […]
Will a Death from COVID-19 be Considered “Accidental Death” for Life Insurance Policies or a Death from “Accidental Causes?”
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Almost all life insurance policies, including term policies, pay a “double indemnity,” that is, double the limits of coverage if a death occurs from “accidental causes” as opposed to “natural causes.” A question arises, given the COVID-19 pandemic, of whether a death caused by […]
Prosecutors Push To Keep Florida Telehealth Fraud Suspect in Jail for $424 Million Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 19, 2020, federal prosecutors in New Jersey federal court pushed to keep a suspect involved in a $424 million telemedicine scheme in jail. Authorities called him an “unrepentant conman” who carried out one of the largest […]
Did You Lose Your ABIM Board Eligible Credentials?
We have been contacted by numerous physicians who had completed residency programs in internal medicine and only recently discovered that their time has now expired to become board certified. ABIM considers internal medicine and subspecialist physicians who had met the standards for Board Certification in general internal medicine or any subspecialties to be “Board Eligible” […]
The Biggest Healthcare Fraud Case Ever Prosecuted in 2019: Big Surprise! Florida Wins!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making […]
Hospital Countersues Whistleblower for Failing to Report Conduct Internally First
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 13, 2019, a West Virginia hospital facing a whistleblower lawsuit countersued a former employee who filed the False Claims Act (FCA) lawsuit against the health system. Wheeling Hospital alleges that the former executive, who is the […]
Take this Quick and Easy Quiz to See If You Might Be a “Disruptive Physician”

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I often have consultations with and represent physicians from across the country who are in trouble with their hospital medical staff or their licensing board because a complaint has been filed against them alleging they are a “disruptive […]
Telemedicine Company Owners Charged in $56 Million Kickback Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 5, 2020, the owners of two telemedicine companies were charged in New Jersey federal court with defrauding Medicare in an alleged $56 million telehealth scheme involving orthotic braces. Some of the fraud alleged to have occurred […]
Walgreens Agrees to Pay $7.5 Million To End Lawsuit Over Unlicensed Pharmacist
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 4, 2020, Walgreens agreed to pay $7.5 million to settle allegations that for more than a decade it let an unlicensed pharmacist handle hundreds of thousands of prescriptions. The pharmacy giant settled with authorities after an […]
Taking a Looking at 2019’s Largest Healthcare Fraud Case Ever Prosecuted: No Surprise, Florida Wins!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making […]
Hospital Countersues Former Employee for Failing to Report Information Internally in FCA Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 13, 2019, a West Virginia hospital facing a whistleblower lawsuit countersued a former employee who filed the False Claims Act (FCA) lawsuit against the health system. Wheeling Hospital alleges that the former executive, who is the […]
One of 2019’s Largest Healthcare Fraud Case Ever: No Surprise, Florida Wins!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making […]
Hospital Countersues Whistleblower for Failing to Report Information Internally in FCA Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 13, 2019, a West Virginia hospital facing a whistleblower lawsuit countersued a former employee who filed the False Claims Act (FCA) lawsuit against the health system. Wheeling Hospital alleges that the former executive, who is the […]
2019’s Largest Healthcare Fraud Case Ever Prosecuted: No Surprise, Florida Wins!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making […]
Looking Back at 2019’s Largest Healthcare Fraud Case Ever Prosecuted: Surprise! No Surprise, Florida Wins!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law For years, Florida has topped the lists with the highest rates of Medicare and Medicaid fraud and abuse. But even by the standards of Florida’s rampant healthcare fraud, this 2019 case stands out for its sheer size, making […]
Hospital Countersues FCA Whistleblower for Failing to Report Information Internally
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 13, 2019, a West Virginia hospital facing a whistleblower lawsuit countersued a former employee who filed the False Claims Act (FCA) lawsuit against the health system. Wheeling Hospital alleges that the former executive, who is the […]
Telemedicine and Telehealth Authorized by Law in Florida in 2019
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Among the major events in health law in 2019, Florida passed a comprehensive act approving telemedicine and telehealth. Telehealth in Florida, Who and What Are Included and Excluded. Florida’s Telehealth Act became effective on July 1, 2019. It […]
Physician Gets 40 Years For Illegally Prescribing More Than Half a Million Opioid Doses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 2, 2019, a Virginia doctor received a 40-year prison sentence for illegally prescribing more than half a million opioid pills over 19 months. The U.S. District Court for the Western District of Virginia handed down the […]
Florida Doctor Charged for $2.1 Billion Medicare Fraud; Largest Healthcare Fraud Scheme Ever Reported
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 1, 2019, a Florida doctor was implicated in what federal investigators say is one of the largest health care fraud schemes ever charged. According to prosecutors, the doctor allegedly authorized genetic testing for patients he never […]
HHS Announces Proposed Rules to Reform Stark Law and AKS Regulations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 9, 2019, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued two proposed rules to reform the federal Stark Law (dealing with […]
Florida Compounding Pharmacy Reaches $21 Million Settlement to End FCA Kickback Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 19, 2019, a Florida compounding pharmacy reached a $21.4 million settlement with the U.S. Department of Justice (DOJ) in the Southern District of Florida to resolve claims they orchestrated a $70 million kickback scheme. Diabetic Care […]
Ex-UCLA Phlebotomist Awarded $1.6 Million in Harassment Lawsuit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 7, 2019, a jury awarded almost $1.6 million to a woman who alleged she was fired for complaining about coworker’s subjecting her to racial insults and discriminatory comments at her job. Nicole Birden claimed that UCLA […]
Florida Doctor Charged in Largest Medicare Fraud Scheme Ever Reported
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 1, 2019, a Florida doctor was implicated in what federal investigators say is one of the largest health care fraud schemes ever charged. According to prosecutors, the doctor allegedly authorized genetic testing for patients he never […]
Physician Sentenced to 40 Years in Prison For Illegally Prescribing Opioid Pills
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 2, 2019, a Virginia doctor received a 40-year prison sentence for illegally prescribing more than half a million opioid pills over 19 months. The U.S. District Court for the Western District of Virginia handed down the […]
Common Errors We See in Pharmacy Inspections and How to Avoid Them
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 Pharmacies and pharmacists are subject to many types of inspections. These inspections are necessary to determine whether the business and its employees are complying with state and federal […]
Compounding Pharmacy Agrees to Pay $21 Million to End FCA Kickback Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 19, 2019, a Florida compounding pharmacy reached a $21.4 million settlement with the U.S. Department of Justice (DOJ) in the Southern District of Florida to resolve claims they orchestrated a $70 million kickback scheme. Diabetic Care […]
Proposed Changes to Certificate of Need Law Eliminate CONs for Florida Hospitals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 3, 2019, Tallahassee healthcare regulators began the complex process of reshaping the state’s certificate of need (CON) program. Florida regulators are moving ahead to eliminate the certificate of need program for hospitals and to focus it […]
Neurosurgeon Awarded $17.5 Million, Despite Arrest for Soliciting Prostitute
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 25, 2019, a Washington state appeals court sided with an arbitrator’s decision to award $17.5 million to a neurosurgeon who was fired after he didn’t disclose his arrest for soliciting prostitute. Swedish Health Services had appealed […]
Changes to Certificate of Need Law Eliminate CONs for Florida Hospitals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 3, 2019, Tallahassee healthcare regulators began the complex process of reshaping the state’s certificate of need (CON) program. Florida regulators are moving ahead to eliminate the certificate of need program for hospitals and to focus it […]
Surgeon to Keep $17.5 Million Award, Despite Arrest for Soliciting Prostitute
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 25, 2019, a Washington state appeals court sided with an arbitrator’s decision to award $17.5 million to a neurosurgeon who was fired after he didn’t disclose his arrest for soliciting prostitute. Swedish Health Services had appealed […]
Former UCLA Phlebotomist Awarded Nearly $1.6 Million in Harassment Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 7, 2019, a jury awarded almost $1.6 million to a woman who alleged she was fired for complaining about coworker’s subjecting her to racial insults and discriminatory comments at her job. Nicole Birden claimed that UCLA […]
Neurosurgeon Keeps $17.5 Million Award, Despite Arrest for Soliciting Prostitute
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 25, 2019, a Washington state appeals court sided with an arbitrator’s decision to award $17.5 million to a neurosurgeon who was fired after he didn’t disclose his arrest for soliciting prostitute. Swedish Health Services had appealed […]
New Changes to Florida’s Certificate of Need Law Eliminate CONs for Hospitals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 3, 2019, Tallahassee healthcare regulators began the complex process of reshaping the state’s certificate of need (CON) program. Florida regulators are moving ahead to eliminate the certificate of need program for hospitals and to focus it […]
Alaska Board Sends Contradictory Letter to Pharmacists Over Filling Opioid Prescriptions (Part 1)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The “Opioid Crisis” in the U.S. We all know that there is an “opioid crisis” in the U.S. It is probably prevalent in every state. In Florida we have been suffering under it for the past ten to […]
One in Four Florida Healthcare Providers Skipped Required Opioid Prescribing Class
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 5, 2019, state officials announced that about one in four Florida health care providers failed to take a required two-hour continuing education (CE) course on prescribing controlled substances. The deadline for the mandated course was January […]
Genetic Testing Scams Ripping off Government Programs for Millions, 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 Several genetic testing companies have come into the spotlight for allegations of ripping off Medicare and False Claims Act (FCA) violations. Health care professionals need to be aware of these types of schemes and the dangers they may […]
Court Says Walmart’s Firing Violated Arizona’s Medical Marijuana Law
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 22, 2019, the U.S. District Court in Arizona granted summary judgment on anti-discrimination claims in favor of the plaintiff former employee and against Walmart under Arizona’s medical marijuana statute. The plaintiff, a former employee of Walmart, […]
Florida Gov. Pulls Large Number of Appointments Made by Predecessor, One from Board of Acupuncture
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. One of these was to the Florida Board of Acupuncture. This is not the first time he has […]
DeSantis Yanks Large Number of Appointments Made by Former Governor, Several on Board of Nursing
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. Several of these were appointments that had been made to the Florida Board of Nursing. This is not […]
DeSantis Rescinds Large Number of Appointments Made by Former Governor, One from Board of Dentistry
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. One of these was to the Florida Board of Dentistry. This is not the first time he has […]
FL May Allow Providers to Avoid Past Mental-Health Conditions, Drug Issues on License Applications
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Health care professionals ask patients about their medical histories every day for in treating them. But what happens when they are requested to divulge in their own history to the state as part of the licensing process? Before […]
Miami Man to Remain Jailed for Trial in Nation’s Largest Medicare Fraud Case
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 3, 2018, a Florida judge ruled that a Miami businessman who has been jailed for more than two years on $1 billion health care fraud charges, must remain in custody through his trial next year. U.S. […]
Alaska Board of Pharmacy Sends Letter to its Pharmacists Sending Mixed Signals Over Filling Opioid Prescriptions (Part 1 of a 2 part series)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The “Opioid Crisis” in the U.S. We all know that there is an “opioid crisis” in the U.S. It is probably prevalent in every state. In Florida we have been suffering under it for the past ten to […]
Federal Court in Connecticut Rules Workers Can’t Be Denied Jobs for Medical Marijuana Use
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 7, 2018, a federal judge in Connecticut ruled that a nursing home violated an anti-discrimination provision of the state’s medical marijuana law when it rescinded an employee’s job offer. It’s the latest in a series of […]
Walgreens Agrees to Pay $269 Million to Settle Two FCA Suits
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On January 22, 2019, Walgreens agreed to pay more than $269 million to settle allegations of False Claims Act (FCA) violations for overbilling of various drugs. The deals are some of the largest pay-outs ever by a retail […]
DOJ Announces $2.8 Billion Recovered Funds From Healthcare Cases in 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 21, 2018, the U.S. Department of Justice (DOJ) announced that it recovered more than $2.8 billion from False Claims Act (FCA) (also known as “qui tam” or “whistleblower cases”) cases in 2018. Of the $2.8 billion […]
The Most Common Cases The Health Law Firm Takes
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law One of the most common questions we get asked by doctors and lawyers alike, is about the types of cases our firm takes. They often mistake the practice of health law as medical malpractice defense. However, this is […]
Virginia Doc Lands 40 Years in Prison For Running Multi-state Pill Mill
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 2, 2019, a Virginia doctor received a 40-year prison sentence for illegally prescribing more than half a million opioid pills over 19 months. The U.S. District Court for the Western District of Virginia handed down the […]
DOJ Announces $2.8 Billion Recovered From Healthcare FCA Cases in 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 21, 2018, the U.S. Department of Justice (DOJ) announced that it recovered more than $2.8 billion from False Claims Act (FCA) (also known as “qui tam” or “whistleblower cases”) cases in 2018. Of the $2.8 billion […]
Colorado Jury Rules in Favor of Marijuana Grow Business in Federal RICO Lawsuit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 14, 2018, a federal jury in Denver rejected claims involving the odor that was allegedly coming from a pot farm. This was a case that was being closely watched by the marijuana industry. The marijuana business […]
Colorado Federal Lawsuit Could Have Far Reaching Effects on US Marijuana Industry
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 30, 2018, a federal trial in Colorado could have far-reaching effects on the United States’ marijuana industry if a jury sides with a couple who say having a cannabis business as a neighbor hurts their property’s […]
Are You Worried About Health Care Compliance Consequences? Have They Gone Too Far?

By Lance O. Leider, J.D., LL.M., The Health Law Firm From large hospital systems to solo practitioners, there is no escaping health care compliance in the industry. The concept of compliance can spark different thoughts in different people. For example, some believe it is an unnecessary government intrusion and others believe it’s a way to […]
Hey, Health Care Professionals…Why Can’t We Be Friends?!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Every year, our firm sponsors and attends various medical industry events. Needless to say, our law firm table is not the most popular hangout spot. If we had a penny for every time we have heard “Yikes, an […]
Legally Speaking: Professional Liability Insurance for Psychologists, Mental Health Counselors, Social Workers and Therapists
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Those supervised by the Board of Psychology and the Board of Clinical Social Work, including Marriage and Family Therapy and Mental Health Counseling, psychologists, Licensed Mental Health Counselors, Clinical Social Workers and Licensed Marriage and Family Therapists are […]
Massachusetts Insurance Company Sued in Mental Health Discrimination Suit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 20, 2018, a Massachusetts federal judge allowed a woman to move forward with a proposed class action against Harvard Pilgrim Health Care Insurance Company (Harvard Pilgrim). The woman is claiming that Harvard Pilgrim, which covers medical […]
Failed Medical Marijuana Applicant’s Appeal Goes Up in Smoke Thanks to Pennsylvania Court
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 20, 2018, a Pennsylvania court agreed that a company that lost out on a potentially profitable cannabis dispensary permit needed to exhaust administrative remedies before it could file suit. The suit would challenge the constitutionality of […]
Texas Doctor Charged With Faking Diagnoses in $240 Million Health Care Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 14, 2018, a Texas doctor was arrested on charges he led a $240 million health care fraud and money laundering scheme. He allegedly falsely diagnosed at least 16 patients with degenerative diseases and gave them unneeded […]
The Do’s and Don’ts When Applying for a Massage Therapist License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The process of obtaining a massage therapist license can be challenging and time consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to […]
CMS Memorandum for Texting Patient Information Among Healthcare Providers
June 21, 2018 By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Centers for Medicare & Medicaid Services (CMS) released a Memorandum in an effort to clarify their stance and guidelines on texting between healthcare providers and staff. Texting Patient Orders is Not Permitted. CMS does […]
Lake County, Florida Votes Unanimously to Ban Medical Marijuana Dispensaries
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Florida’s First Green Bank Cuts Business Ties with Medical Marijuana Money
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Texas Appeals Court Affirms$1.37 Million in Sanctions Against Doctor who Sued Hospital Former Employers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 16, 2016, an appeals court in Texas affirmed a $1.37 million sanction against a doctor. The physician was ordered to pay the fine after the dismissal of a defamation lawsuit he filed against his former employers. […]
What is the corporate practice of optometry and what does it prohibit?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The legal doctrine called the “corporate practice of medicine or optometry” actually refers to the legal prohibition that prevents a doctor or an optometrist from working for a corporation (or other business entity) that is owned, operated or […]
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 […]
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. […]
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 […]
Appeals Court Affirms $1.37 Million in Sanctions Against Doctor for Dismissed Defamation Suit Against Former Employers
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 16, 2016, an appeals court in Texas affirmed a $1.37 million sanction assessed against a doctor. The doctor was ordered to pay the sanction after the dismissal of a defamation lawsuit he filed against his former […]
U.S. District Court in Texas Orders Hospital to Void Report to National Practitioner Data Bank
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 8, 2017, the U.S. District Court for the Eastern District of Texas, issued a Memorandum Opinion and Order directing Memorial Health System of East Texas (Memorial Health) to submit a Void Report to the National Practitioner […]
Owner of Louisiana Health Care Company To Pay Nearly $7 Million for Medicaid Fraud
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, the owner of Louisiana-based Millennium Health Care Services (Millennium) must pay the state nearly $7 million in restitution and will spend 10 years behind bars for his role in a scheme to defraud the […]
Cardiologist Faces HIPAA Privacy Violation Charges for Over Sharing Patient Information
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 26, 2018, a pediatric cardiologist was charged with wrongfully disclosing protected patient health information in Massachusetts federal court. Prosecutors alleged that in 2013, Dr. Eduardo Montaña disclosed patient data to representatives of Aegerion Pharmaceuticals. The Alleged […]
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Psychologists
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 Psychology, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an attorney […]
Home Health Provider Sues Medicare Contractor and HHS Over Unfair Audit and Denied Medicare Reimbursement Payments
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 2, 2017, an Illinois home health care provider launched a class action law suit against Medicare reimbursement auditor AdvanceMed and the U.S. Department of Health and Human Services (HHS) Secretary Tom Price. MedPro Health Providers LLC […]
What You Need to Know About Preparing and Responding to an Initial Medicaid Audit Request
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Health care providers in Florida who service Medicaid patients are at a higher risk for audits than anywhere else in the country. The unfortunate truth is that Florida has become synonymous with health care fraud. As a result, […]
Health Care Fraud Puts Miami Man in Jail
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 4.5 Year Sentence for Role in Fraud. A Miami Man voluntarily returned to Miami from Cuba and was immediately met with a 4.5-year long prison sentence. Jose Gerardo Gonzalez, played a role in a scheme to defraud public […]
Jury Finds Four New Orleans Doctors and Others Guilty for Participation in $13.6 Million 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 May 9, 2017, a federal jury found four New Orleans doctors and two others guilty for their participation in a Medicare fraud scheme. According to prosecutors the defendants netted more than $13.6 million in fraudulent Medicare reimbursements. […]
Pennsylvania Nursing Home Settles Wrongful Death Suit, Agrees to Pay $800,000
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 21, 2017, the Devereux Foundation in Philadelphia, agreed to pay $800,000 to end a wrongful death suit against staff at The Devereux Pocono Center. The suit accused staff at the organization’s residential behavioral health facility in […]
Avoid Being Labeled as a “Disruptive Physician” at All Costs
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Although “old news” at this point, on July 9, 2008, the Joint Commission (TJC) published the following alert to health care organizations: Sentinel Event Alert; Issue 40, July 9, 2008 Behaviors That Undermine a Culture of Safety Intimidating […]
Jeff Sessions Threatens Legalized Marijuana by Reversing Obama-Era Policy
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Florida Government Officer Charged in Billion Dollar Medicare Fraud
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Health Care Administrator Accepts Bribes. An alleged $1 billion health care scheme has lead to the first known prosecution against a Florida Agency for Health Care Administration official. Bertha Blanco faces a wide range of charges including accepting […]
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 […]
The 20 Major Mistakes Physicians Make After Being Notified of a Department of Health Investigation
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a complaint which could lead to the revocation of a physician’s license to practice, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter and it […]
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. […]
CMS Approves Five Year Extension of Florida Medicaid Managed Care Demonstration
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 3, 2017, the Centers for Medicare & Medicaid Services (CMS) approved a five-year extension of Florida’s Managed Medical Assistance (MMA) section 1115 demonstration. It allows the state to operate a capitated Medicaid managed care program and […]
Florida Department of Health and Law Enforcement Investigate School Providing Nurse Practitioner Courses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A subpoena purportedly issued by the Clerk of Court for Seminole County, Florida, recently requested academic records on advanced registered nurse practitioner (ARNP) students, including preceptorship agreements for clinical courses they had taken. A follow-up inquiry revealed that […]
Embezzling Administrator of Pediatric Clinic Faces Health Care Fraud Sentencing
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An administrator of a Louisiana pediatric clinic has recently pleaded guilty in a health care fraud case. She faces up to 10 years in prison and over $200,000 in fines. The charges allege embezzling more than $500,000 of […]
Concierge Medical Services Bring Cash With Few Hassles to Physicians
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law What is concierge medical services? A concierge medical service or practice is a similar to having a primary care provider such as a family practice physician. However, concierge practices are marked by a promise, explicit or implied, that […]
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 […]
6 Charged In Florida Chiropractic PIP Insurance Fraud Scheme
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On October 4, 2017, federal prosecutors charged six Florida residents with running a multi-million dollar insurance fraud scheme through a dozen chiropractic clinics. The alleged scheme involved paying kickbacks to chiropractors and tow truck companies to refer accident […]
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 […]
Michigan Dentist Accused of Million Dollar Medicaid Fraud Scheme Captured in Caribbean
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Michigan dentist accused of Medicaid fraud was recently captured in the Dominican Republic after evading charges for months, state authorities announced. Dr. David Johnson operated the alleged scheme through Livernois Dental in Detroit, which he owned at […]