May, 2015

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Employee or Independent Contractor - The Test Used to Determine-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 We are often asked by medical groups, health care clinics, and other care providers whether they are legally allowed to treat those working for them as independent contractors. In attempting to determine whether an individual may be treated as an independent contractor or an employee, it is useful to apply the Internal Revenue Service (IRS) "20 Factor Test.

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Health Care Professionals Face Strict Repercussions for Misuse of Florida's Prescription Drug Monitoring Program

The Health Law Firm

After much political wrangling and lobbying, in 2009, Florida enacted the Electronic-Florida Online Reporting of Controlled Substances Evaluation (E-FORCSE), currently codified in Section 893.055, Florida Statutes. More often, it is referred to simply as the prescription drug monitoring program (PDMP) by Florida physicians. Since the beginning, the PDMP has been plagued with issues ranging from funding, patient privacy concerns and the legal uses of the database.

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Exclusion or Termination From Medicare or Medicaid Programs Can Mean Professional Death

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 Have you ever been arrested for a criminal offense? Have you ever had discipline on your license as a health professional? Have you ever been assessed a repayment or fine by the Medicare or Medicaid Programs? If so, then you may have also been terminated from or excluded from the federal Medicare Program or your state Medicaid Program.

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The Florida Marchman Act-The Baker Act's Little-Known Cousin

The Health Law Firm

One of the toughest things families of people with substance abuse problems encounter is convincing loved ones to get the help they need. In the state of Florida, there is a law called the Marchman Act which may allow some relief. What is the Marchman Act? The Marchman Act is very similar to the Baker Act, in that it allows for the involuntary confinement of a person in order to receive treatment for a substance abuse problem.

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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.