June, 2013

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Florida Prescription Drug Monitoring System Comes Under Fire After Privacy Breach

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 Florida health officials are looking to step up security of the statewide prescription drug monitoring database to protect patients’ information. This comes after 3,300 Floridians’ names, addresses, phone numbers, pharmacies and drug dosages prescribed were leaked, according to an article in the Sun Sentinel, published on June 14, 2013.

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Florida Court Outlines Requirements for Emergency Suspension Orders

The Health Law Firm

By Catherine T. Hollis, 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 In the November 2012, decision in Nath v. Department of Health , the Florida First District Court of Appeal analyzed an emergency suspension order (ESO) issued by the Florida Department of Health (DOH). The Court had to determine whether an ESO served on an acupuncturist accused of inappropriate behavior was sufficient and proper under Section 120.60(6

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Fight Office of the Inspector General (OIG) Exclusion!

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 Many health professionals don’t understand the significant repercussions that an exclusion action by the Office of the Inspector General (OIG) can have on the career and employment of a licensed health professional. Whether you are a physician, nurse, dentist, psychologist or other health professional, if you allow yourself to be excluded from the Medicare Program, devastating economic results ma

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PERSONAL INJURY: Tort of Malicious Prosecution Is Expanded in Hawaii

The Health Law Firm

The author of this is article is Fred Shackelford, a legal research attorney with National Legal Research Group in Charlottesville, Virginia. In many states, one of the elements of the tort of malicious prosecution is initiating or procuring the institution of a criminal proceeding. See generally Restatement (Second) of Torts § 653. This element focuses on whether the alleged tortfeasor had probable cause at the time he or she initiated or procured the criminal action against the plaintiff.

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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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Walgreens Pays $80 Million to Settle Drug Enforcement Administration Painkiller Investigation

The Health Law Firm

By Lance O. Leider, J.D., The Health Law Firm and Catherine T. Hollis, J.D., The Health Law Firm It seems the firefight between Walgreens and the Drug Enforcement Administration (DEA) has come to an end. On June 11, 2013, the DEA announced Walgreens agreed to pay $80 million to end an investigation into whether it violated rules on the distribution of prescription painkillers in Florida and throughout the country.

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Technical Corrections to HIPAA Omnibus Rule Released

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 The Department of Health and Human Services (HHS) acknowledged the need for technical corrections to a ruling published as part of the Health Insurance Portability and Accountability Act (HIPAA) omnibus rule on January 23, 2013, according to a final rule published on the Federal Registrar.

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A Finding of “Irregular Behavior” on Your U.S.M.L.E. Step Transcript Can Ruin Your Medical Career Before it Starts

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 Many medical students and interns receive letters from the National Board of Medical Examiners (NBME), United States Medical Licensee Examination (USMLE) Secretariat advising them that they are suspected of "irregular behavior" on a Step examination. Virtually any infraction of the USMLE rules contained in its Bulletin or the rules of the testing center can result in such an accusation.

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MRI May be Able to Detect Complications Related to Metal-on-Metal Hip Implants

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 Patients with any metal-on-metal hip implant might want to discuss getting an MRI, even if they are not experiencing any discomfort. A medical study published in Journal of Bone & Joint Surgery suggests an MRI may be able to detect problems before any damage is caused from a hip implant.

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Healthcare Integrity and Protection Data Bank Merger with National Practitioner Data Bank Completed

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 The Health Resources and Services Administration (HRSA) announced that on May 6, 2013, the Healthcare Integrity and Protection Data Bank (HIPDB) officially merged with the National Practitioner Data Bank (NPDB). The two data banks are now known as the NPDB.

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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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Senate Committee Calls for Baker Act Study Instead of Expanding the Powers of Nurse Practitioners and Physician Assistants

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. Florida’s nurse practitioners and physician assistants were hopeful the Senate would vote to allow them to have the authority to order the involuntary commitment of a patient for mental-health evaluation under the Baker Act. However, instead on April 15, 2013, the Children, Families and Elder Affairs Committee passed the formation of a work group to figure out how to improve the more than 40-yea

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