February, 2016

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The Title of “Disruptive Physician” Can Ruin Your Professional Career

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. Nobody likes dealing with a nuisance, and disruptive physicians are no exception. Disruptive physicians threaten the morale of medical staff, the safe and orderly operation of a medical practice, as well as a threat to the safety of patients. They can also become expensive liabilities.

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Florida Teenager Accused of Posing as a Doctor For the Second Time

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 February 16, 2016, a Florida teen was arrested and accused of posing as a doctor for the second time in less than a year. Malachi Love-Robinson, 18, was arrested for practicing medicine without a license and allegedly even running his own health facility called New Birth, New Life Alternative Medicine and Urgent Care Clinic in South Florida.

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Federal Court to Decide APA's Claim of Copyright Infringement for Its Testing Standards: Are They Public Domain?

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 February 18, 2016, six law professors urged a D.C. federal court to rule against the American Psychological Association Inc.(APA), and their motion for a summary judgment and permanent injunction over a copyright infringement. The APA and the other plaintiffs claim that the website Public.Resource.org (Public Resource), infringed a copyright for their “Standards for Educational and Psychologic

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South Florida Set to Become Major Hub for Health Care as Medical Education Expands

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health South Florida medical education has recently seen a boom by rapidly expanding and upgrading medical schools in the region. On February 4, 2016, the University of Miami (UM) announced that it has received a $50 million donation for a new state-of-the-art building to house its medical education program.

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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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Pharmacists: Beware of the Adverse Effects of Discipline on Your License or Resignation of a License: Steps You Should Take to Protect Yourself

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 Though pharmacists pursue a career hoping that they will never face disciplinary charges, any number of events can lead to an investigation or administrative action. Have you been notified that an investigation has been opened against you? Are you thinking about resigning your pharmacist license or voluntarily relinquishing your license?

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AHA Medicare Backlog Lawsuit Back on Track as D.C. Circuit Reverses Dismissal

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 February 9, 2016, the D.C. Circuit ordered the US District Court for the District of Columbia to reconsider a lawsuit seeking to compel the Department of Health and Human Services (HHS) to meet statutory deadlines for reviewing Medicare claims denials. This order overturns the district court’s December 2014 decision in the American Hospital Association’s (AHA) lawsuit.

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Florida Ophthalmologist Involved in Senate Bribery Case Defends Medicare Billings

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 February 12, 2016, a Florida ophthalmologist accused of bribing his friend, US Sen. Robert Menendez, said that separate allegations against him for Medicare fraud should be dismissed. Dr. Salomen Melgen was accused of using one single-dose vial of the wet macular degeneration drug Lucentis on multiple patients at his clinic called Vitreo-Retinal Consultants.

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Orlando Chiropractor Faces 50 Years in Prison for PIP Scam

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 An Orlando health clinic owner and one other person were recently arrested on charges of defrauding multiple insurance companies and payers, according to the Florida Division of Insurance Fraud. Dr. Troy Godsey of Spine Health Solutions, P.A., allegedly provided treatments to”patients” involved in auto accidents.

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Hackers Demand Multi-Million Dollar Ransom From Hollywood Hospital Following Cyber-Attack: Hospital Record System Out of Commission for Over a Week (Part 1 of 2)

The Health Law Firm

By George F. Indest IV, Director of System Services, 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 (Part 1 of a 2 part blog) For more than a week, the computer systems at Hollywood Presbyterian Medical Center have been offline following a cyber-attack. The hospital has, apparently, also been locked out of all access to patient electronic health records (EHR).

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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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THE 33 BIGGEST MISTAKES FOR A NURSE TO AVOID AFTER BEING NOTIFIED OF A COMPLAINT AGAINST THE NURSE'S LICENSE PART 1 OF 3

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 In this three part blog series, I will focus on how the investigation of a complaint against your nursing license could lead to the revocation of the license, and the assessment of tens of thousands of dollars in fines, as well as a number of adverse collateral consequences.

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Pill-Mill Crackdown Hurting Patients With Legitimate Pain

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 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 2011, there have been strict regulations on doctors and pharmacies when it comes to dispensing controlled substances.

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CMS To Relax Medicare 60-Day Overpayment Rule

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health On February 11, 2016, the Centers for Medicare and Medicaid Services (CMS) published a final rule which eased requirements for health care providers to return overpayments within 60 days to avoid False Claims Act (FCA) liability. Under the rule, overpayments must be reported and returned only if a person identifies the overpayment within six years of the date the overpayment was received.

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TRICARE Settles Large Case with Florida Pharmacies and Doctors for $10 Million

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 February 10, 2016, the US Department of Justice (DOJ) announced it had reached a settlement agreement with two compounding pharmacies and four physicians in Florida for $10 million. The physicians, Manish Bansal, Mehul Parekh, Marisol Arcila, and Syed Asad allegedly profited from the military’s health care program called TRICARE.

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From Diagnosis to Delivery: How AI is Revolutionizing the Patient Experience

Speaker: Simran Kaur, Founder & CEO at Tattva Health Inc.

The healthcare landscape is being revolutionized by AI and cutting-edge digital technologies, reshaping how patients receive care and interact with providers. In this webinar led by Simran Kaur, we will explore how AI-driven solutions are enhancing patient communication, improving care quality, and empowering preventive and predictive medicine. You'll also learn how AI is streamlining healthcare processes, helping providers offer more efficient, personalized care and enabling faster, data-driven

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Denver Surgical Technologist Accused of Tampering with and Stealing Narcotics

The Health Law Firm

By Carole C. Schriefer, R.N., J.D., The Health Law Firm A surgical technologist accused of stealing powerful drugs and putting thousands of Colorado patients at risk is now in federal custody. Rocky Allen was indicted on February 16, 2016, on charges of allegedly stealing and tampering with narcotics at the Swedish Medical Center in Denver, Colorado.

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Pfizer’s Wyeth Pharmaceutical Inc. Claims Whistleblower Cannot Prove Alleged Promotion of Off-Label Prescribing in Federal Court 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 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.

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Dentists and Dental Hygienists Beware: Know Who Actually Owns Your Clinic

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 has long been a state that does not prohibit the corporate practice of medicine, unlike many other states. However, it does prohibit the corporate practice of dentistry. The key provision in Florida law that establishes this is Section 466.028, Florida Statutes, but the Florida Board of Dentistry has adopted administrative rules on this topic as well.

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Helpful Tips For Avoiding HIPAA Violations on Social Media

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 Digital mediums are a popular great way to connect, but they can also pose a great risk for Health Insurance Portability And Accountability (HIPAA) violations. When it comes to guarding against accidental revelations of patient identity and sensitive information, Ophthalmologists, Optometrists and all medical staff should adopt various measures to protect themselves.

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Why Every Small Business Needs an HCM Solution: A Comprehensive Guide

Managing HR tasks like payroll, compliance, and employee data can overwhelm small businesses. That’s where a Human Capital Management (HCM) solution comes in. Our eBook, Why Every Small Business Needs an HCM Solution: A Comprehensive Guide , shows how an HCM system automates tedious processes, ensuring your business stays compliant and efficient. You’ll learn how to simplify payroll, eliminate costly errors, and empower your employees with self-service tools.

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Eye Doctor Faces Maximum of 200 Years in Prison for Medicare Fraud

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 central Florida ophthalmologist with offices in Windermere and Leesburg, was found guilty of 20 counts of Medicare fraud on September 29th. He faces a maximum of ten years in prison for each count. David Ming Pon, M.D., was convicted of health care fraud this past Tuesday by a Jacksonville federal jury.

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OIG Issues Favorable Advisory Opinion 15-14 Involving 501(c)(3) Charitable Organization Funded by Pharmaceutical Manufacturers

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 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 State) obtain magnetic resonance imaging (MRI) (altogether, "Arrangement").

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COLORADO HEALTH OFFICIALS ‘JUST SAY NO’ TO MARIJUANA FOR PTSD TREATMENT

The Health Law Firm

By Carole C. Schriefer, R.N., J.D., The Health Law Firm The Colorado Board of Health denied a motion to approve medical marijuana as a treatment for post-traumatic stress disorder (PTSD) on July 15, 2015. The rejection was made despite the recommendation of the state’s chief medical officer. This marks the third time that Colorado’s health officials have said ‘No’ to including PTSD on its medical marijuana approved uses list.

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California Attorney Ordered By Court To Pay Donation to Women Lawyers’ Professional Group

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health A medical group defense attorney in California, Peter Bertling, was ordered on Tuesday, January 12, 2016, by US Magistrate Judge Paul S. Grewal, to pay a $250 donation to the Women Lawyers' Association. The ruling was in response to a sexist comment made by Bertling to opposing counsel, Lori Rifkin, during a heated deposition.

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Real-Life Examples of HIPAA Violations and How to Avoid Them

Speaker: Jack Clough, Chief Growth Officer

Download our 30-minute webinar where we delve into real-life examples of HIPAA violations and preventative measures every organization should know! You will learn: The critical factors that lead to HIPAA violations and how to identify them. Three compelling real-life cases of organizations that faced severe HIPAA penalties. Proven strategies to safeguard YOUR organization against HIPAA violations.

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Windermere Eye Doctor Faces Eye Opening Prison Term in $7M Medicare Fraud 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 A Windermere ophthalmologist charged with intentionally misdiagnosing patients and performing unnecessary surgery headed for trial in Federal Court on Tuesday. According to prosecutors, Dr. David Ming Pon, with Advanced Retina Eye Institute in Leesburg and Orlando, is charged with 20 counts of Medicare fraud.

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2015 Proved to Be a Good Year in Medicine as FDA Approvals of First-Of-A-Kind Drugs Continued to Escalate

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 been 19 years since anyone has seen the approval of more first-of-a-kind drugs by the US Food and Drug Administration (FDA). 2015 proved to be a year of satisfactory innovation for medicine. With the approval of 45 drugs formulated with never-before-sold ingredients, the FDA came close to surpassing its previous all-time record of 53 first-of-a-kind drug approvals in 1996.

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Kindred Healthcare Inc. To Pay $125 Million to Settle Allegations of False Claims

The Health Law Firm

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Kindred Healthcare Inc. (Kindred), the largest skilled therapy provider in the nation, has agreed to pay $125 million to settle allegations that it violated the False Claims Act (FCA). Kindred is accused of billing Medicare for therapy services that were unnecessary or never occurred, the US Department of Justice (DOJ) announced January 12, 2016.

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Dentists File Lawsuits Against Supply Distributors Alleging Violations of Antitrust Statues

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 Several dentists have joined together to file suits against leading dental supply distributors in New York and Texas federal courts alleging the companies jointly conspired to keep prices artificially inflated. Five lawsuits have been filed since Wednesday, January 20, 2016, against Patterson Cos.

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Best Practices to Streamline Compensation Management: A Foundation for Growth

Speaker: Joe Sharpe and James Carlson

Payroll optimization can be one of the most time-consuming and complex factors of small business management. Yet, organizations that crack the code on streamlining employee compensation often discover innovative avenues for growth. With the right strategies in place, outsourcing and streamlining payroll processes can result in substantial time and resource savings.