December, 2015

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Employee Claims Wrongful Termination After Blowing the Whistle on New York Health Care Center

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 On Monday, December 21, 2015, Debra Martin filed suit against former employer, Middletown Community Health Center Inc. (MCHC), in the US District Court for the Southern District of New York, claiming she was wrongfully terminated after exposing alleged illegal activities of the health center to her superiors.

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20 Years for Ohio Cardiologist Sentenced in $29 Million Overbilling Scheme

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 Assistant US Attorney Carole S. Rendon, said of a Westlake, Ohio cardiologist sentenced to 20 years in prison on Friday, December 18, 2015, "This defendant used his medical license as a license to steal." Dr. Harold Persaud was convicted earlier this year of one count of health care fraud, 13 counts of making false statements and one count of engaging in monetary transactions in property derived from c

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Eleventh Circuit (Once Again) Upholds Florida's "Gun Gag" Law

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 For the third time now, the Eleventh Circuit ruled on Monday, December 14, 2015, that a Florida law restricting physicians' questions about patients' gun ownership is constitutional. The ruling eliminated an injunction against enforcement and again reversed a district court's grant of summary judgment in favor of a group of physicians challenging what has become known as the "gun gag" law.

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Court Finds Qui Tam Relators Failed to Satisfy Evidentiary Requirements for Alleged Kickback Scheme of Pharmaceutical Company in Texas Case

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 On December 10, 2015, US District Court for the Southern District of Texas granted defendant's partial motion for summary judgment in a qui tam case alleging violations of the Anti-Kickback Statute (AKS). The case was originally filed on June 10, 2003, by relators John King and Tammy Drummond, naming several pharmaceutical companies as defendants including Solvay Pharmaceuticals Inc.

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The Evolution of Communication in Healthcare Settings

Healthcare communication has evolved from handwritten notes and paper charts to digital tools like EHRs, telemedicine, and AI-powered platforms. This blog explores how these advancements improve patient outcomes, streamline care delivery, and enhance provider collaboration. Learn about the role of mobile health (mHealth) apps, secure messaging, and social media in bridging communication gaps.

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Chicago Husband and Wife Sentenced to Prison Terms for Misappropriation of $3 Million in Grant Funds

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 A husband and wife from Chicago, Illinois, were sentenced to prison terms by US District Judge Richard Mills on Monday, December 14, 2015, for their roles in the misappropriation of $3 million in grant funds. Leon Dingle Jr. and his wife, Karen Dingle, were convicted at a one-week long jury trial in December 2014 of conspiracy, mail fraud and money laundering.

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Central Florida Medical Student Shot While Saving Woman in New Orleans

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 On Friday, November 20, 2015, during the early morning hours in New Orleans (my home town), a Tulane University (my alma mater) medical student from Longwood, Florida, Peter Gold, was shot in the stomach as he attempted to assist a woman who was being assaulted in a botched robbery.

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Rare Occurrence: Dermatologist Acquitted of More Than 40 Counts of Health Care Fraud Following a 16-Day Trial: Part 2 of a 3-Part Series Part Two: Prosecutorial Overcharging

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 A Virginia dermatologist, revered by several publications as one of the top doctors in the nation for several years running, was recently acquitted of more than 40 counts of health care fraud following an unusually lengthy 16-day trial. Dr. Amir Bajoghli was originally indicted in August 2014 on 60 counts; 53 counts of health care fraud, six counts of aggravated identity theft and one count of obstruct

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Speaking of Religious Discrimination: Second Appeal to Supreme Court on Former Nursing Home Employee's Termination for Refusal to Pray with Residents

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 Former nursing home employee, Kelsey Nobach, a Jehovah's Witness, filed a discrimination suit against former employer, Woodland Village Nursing Center Inc. (Woodland), alleging her termination from the facility was the direct result of her religious beliefs.

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Baker Acts Are on the Rise Among Students at the University of Central Florida

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 It's beginning to look a lot like Christmas; candy canes and toys, holly and trees, bells and carols, and. Baker Acts? You read that right. According to University of Central Florida (UCF) police Cpl. Peter Osterrieder, a rise in Baker Acts is to be expected among college students this time of year.

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3 Reasons to Retire Pagers from Healthcare Settings

Let's discuss the trusty pager—an old favorite that’s losing its shine in hospitals and clinics. While once a staple in hospitals and clinics, pagers now present significant limitations that hinder rather than facilitate communication among healthcare professionals. Healthcare professionals are constantly on the move, and they need communication tools that can keep up with their fast-paced lives.

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U.S. Department of Justice's Antitrust Division Has Yet to Weigh In on Anthem/Cigna Mega-Merger Given the Go-Ahead by Shareholders

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 On Thursday, December 3, 2015, shareholders of Anthem Inc. (Anthem) and Cigna Corp. (Cigna) approved a previously announced $54 billion mega-merger in an overwhelming 99 percent favorable vote. The pending acquisition of Cigna by Anthem would cover approximately 53 million medical members resulting in the formation of the nation's largest health insurance company.

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Rare Occurrence: Dermatologist Acquitted of More Than 40 Counts of Health Care Fraud Following a 16-Day Trial: Part 1 of a 3-Part Series Part One: Reviewing the Charges

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 Dr. Amir Bajoghli, of McLean, Virginia, was a dermatologist and owner of the Skin & Laser Surgery Center. Dr. Bajoghli was recognized by former Washingtonian Magazine, Northern Virginia Magazine, US News & World Report and Castle Connolly as "Top Doctor.

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Pharmaceutical Company Says Former Employee is Not "Original Source" of False Claims Act Allegations and Cannot Bring Whistleblower Suit

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 Medco Health Solutions Inc. (Medco) asked a Delaware federal judge to dismiss a False Claims Act (FCA) lawsuit brought by former employee and vice president of the company's pharmaceutical contracting group. Paul Denis brought the qui tam suit against Medco alleging the company defrauded state and federal insurance companies by hiding discounts it was receiving on drugs.

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Former New York Assembly Speaker Convicted on Corruption Charges in Scheme for Referral Fees

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 Former New York Assembly Speaker, Sheldon Silver, was convicted by a jury on Monday, November 30, 2015, on federal corruption charges. Silver had spent nearly 40 years as an elected New York Assemblyman. Prosecutors say Silver was using public money to fund an asbestos disease researcher in exchange for patient referrals to Silver's colleagues and personal injury law firm, Weitz & Luxenberg PC.

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15 Modern Use Cases for Enterprise Business Intelligence

Large enterprises face unique challenges in optimizing their Business Intelligence (BI) output due to the sheer scale and complexity of their operations. Unlike smaller organizations, where basic BI features and simple dashboards might suffice, enterprises must manage vast amounts of data from diverse sources. What are the top modern BI use cases for enterprise businesses to help you get a leg up on the competition?

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Florida Court of Appeal Says Federal Law Preempts Florida's Amendment 7; The Peer Review Privilege May Still Be Alive

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 Southern Baptist Hospital of Florida Inc. (Baptist) filed a Petition for Writ of Certiorari with the First District Court of Appeal in Florida following a Florida circuit court ruling on the compelled disclosure of certain documents. The plaintiffs in a medical malpractice case were attempting to obtain peer review documents from the hospital on their claims.

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Oncologist Falsified Data on Research Once Described as "Holy Grail" of Cancer Treatment

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 Back in 2006, Anil Potti, a cancer researcher at Duke University, claimed to identify genetic markers that would allow customized treatment for cancer patients based on the types of tumors they had. Several reports from Potti and his team claimed it could predict a patient's response to chemotherapy with up to 90 percent accuracy.

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