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By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 16, 2016, Community Health System Inc. (CHS), one of the largest US hospital chains, announced that it is exploring the possibility of a deal to sell the company. The struggling Tennessee-based company announced "very preliminary" discussions with advisers to consider all of its options.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 16, 2016, the US Health and Human Services (HHS) announced new updates that would require health care organizations to pay heftier penalties if they violate federal regulations. HHS is seeking maximum penalties and adjustments reflects multiple years of inflation.
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) is implementing a three-year Medicare Pre-Claim Review Demonstration for Home Health Services in the states of Illinois, Florida, and Texas Michigan and Massachusetts. The CMS Pre-Claim Review Demonstration officially began in Illinois on August 3, 2016, however, early information received from Illinois, has caused a change of plans.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 16, 2016, a New Hampshire federal judge ruled against Wal-Mart’s request for a new trial after a fired store pharmacist won about $16.2 million in a gender discrimination case. The judge did however, request clarification from a state court on the company's request to limit enhanced compensatory damages to $15 million and reduce the front-pay award.
Speaker: Simran Kaur, Co-founder & CEO at Tattva.Health
AI is transforming clinical trials—accelerating drug discovery, optimizing patient recruitment, and improving data analysis. But its impact goes far beyond research. As AI-driven innovation reshapes the clinical trial process, it’s also influencing broader healthcare trends, from personalized medicine to patient outcomes. Join this new webinar featuring Simran Kaur for an insightful discussion on what all of this means for the future of healthcare!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 8, 2016, a California bill was announced that would allow certified nurse-midwives (CNMs) to practice in hospitals independently. It is apparently upsetting many of teh state's physicians. The California Hospital Association and the California Medical Association (which represents doctors), agree that nurse-midwives have the training and qualifications to practice without physician supervisio
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Board of Pharmacy (BOP) amended its rules regarding community pharmacies following a request for relief by industry health care professionals. The amended rules include shortening community pharmacy hours of operation from 40 to 20 hours per week, pharmacy delays to open business after the receipt of a permit and changes regarding ownership.
By Miles O. Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On September 14, 2016, the Department of Justice (DOJ) and Federal Trade Commission (FTC) filed a joint amicus brief before the United States Court of Appeals for the Fifth Circuit, arguing that the court lacks jurisdiction to hear a medical board’s appeal of an antitrust case. The central issue of the Fifth Circuit’s jurisdiction is whether it can hear an immediate appeal of a lower court’s refusal to dismiss a ca
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By Miles O. Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On September 14, 2016, the Department of Justice (DOJ) and Federal Trade Commission (FTC) filed a joint amicus brief before the United States Court of Appeals for the Fifth Circuit, arguing that the court lacks jurisdiction to hear a medical board’s appeal of an antitrust case. The central issue of the Fifth Circuit’s jurisdiction is whether it can hear an immediate appeal of a lower court’s refusal to dismiss a ca
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 11, 2016, a former dentist in Connecticut and his practice were ordered to pay more than $700,000 in restitution and civil penalties for improperly billing the state Medicaid program for pediatric dental cleanings and fluoride treatments. Connecticut Attorney General George Jepsen says a Superior Court judge ruled that Dr.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In April and May 2016, dentists from Florida, Georgia and Texas filed a class action lawsuits. Six suits have been filed in federal court in Minnesota against the Minneapolis-based 3M Co. ([link] These have been consolidated by the federal court. Each of the complaints in these six cases alleges that 3M's Lava Ultimate restorative material used to make dental crowns chair-side by dentists was defective
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In my 30 plus years of practice representing physicians, dentists, nurses and psychotherapists, I have defended clients involved in many different situations. Several of these seem to be problem areas which we see repeatedly. Following is a list of those problems which it would seem to be common sense for a physician or other health care professional to avoid doing.
By Miles O. Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm Since the 1990s, the credit-card industry has successfully used predictive analytics to find suspicious patterns and protect consumers from fraudulent charges. The health care industry has found a similar success in recent years, as federal agents use data mining, predictive analytics, and other modeling approaches to catch Medicare fraud.
Based on comprehensive survey data from diverse healthcare providers, the 2025 HIPAA Benchmark Report delivers actionable intelligence for modern compliance programs. This report examines how organizations are restructuring HIPAA Privacy Programs to address emerging regulatory requirements. Through analysis of staffing models, program operations, and breach management protocols, it provides a clear picture of current best practices.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The smoking-cessation drug Chantix has come into the spotlight and allegedly played a crucial role in a second violent crime. On August 8, 2016, a Maryland man was reported to have been found not criminally responsible for shooting his wife in their home in 2014 because he was found to be suffering from “involuntary intoxication” due to the drug Chantix.
By Miles O. Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm On August 16, 2016, two whistleblowers asked a Colorado federal court to disqualify a third whistleblower from sharing in a $18 million False Claims Act settlement award with OptumHealth. Evercare LLC (now known as OptumHealth) had allegedly submitted false Medicare claims for hospice care on behalf of patients who were not in fact terminally ill.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 9, 2016, a licensed vocational nurse in Texas who alleged she was bullied and sexually harassed by a doctor at work was vindicated when a $440,000 settlement was reached between the parties. Patricia Hahn alleged the harassment she received from Dr.
By Miles O. Indest, J.D./M.B.A.; Law Clerk, The Health Law Firm In a David and Goliath legal battle, a whistleblower recently won a small victory against several large insurance companies accused of defrauding the Medicare Advantage Program. Ignorance Was Bliss: Medicare Payments for Over-Coded Diagnoses. On August 10, 2016, the United States Court of Appeals for the Ninth Circuit unanimously ordered United Healthcare, WellPoint, Aetna, and other health insurance providers to answer whistleblowe
Every health care provider that accepts federal payments must screen for excluded providers. Use this sample Exclusion Screening Checklist and Compliance Policy to evaluate and improve your organization’s compliance with the law. Payments from Medicare, Medicaid, and TriCare trigger screening requirements that may extend to employees, contractors, volunteers, board members, and network providers.
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