July, 2012

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China's Expanding Health Care Industry

The Health Law Firm

By Miles Indest. China's increasing health concerns for its aging population, combined with the government's proposed health care reform, has generated much optimism in multi-national corporations concerning the future of China's health care industry. Many US health care providers are already reaping the rewards of participating in China's health care investments, preparing for the promising boom that is sure to come.

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Respiratory Therapists: Please, Please, Please Talk to an Attorney Before You Talk to an Investigator

The Health Law Firm

By Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to respiratory therapists, throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators.

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South Florida Man Pleads Guilty to Fraudulently Working as a Pharmacist

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 July 24, 2012, a 49-year-old man from Ruskin, Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press release. Man was Working at Central Florida Pharmacies.

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Medicare Compliance Review of West Florida Hospital in Pensacola

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 July 2, 2012 the Officer of Inspector General (OIG) released its Medicare compliance review of West Florida Hospital in Pensacola. According to the audit, the hospital complied with Medicare billing requirements for the documentation majority of inpatient and outpatient claims.

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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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The 25 Biggest Mistakes Dentists Make After Being Notified of a Department of Health Complaint

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 investigation of a complaint which could lead to the revocation of a dentist's license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter and it should be treated as such by the dentist who receives it.

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Nurse: Please, Please, Please Talk to an Attorney Before You Talk to an Investigator

The Health Law Firm

By Lance Leider, J.D. In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to nurses throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators.

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Florida Outlaws 90 Forms of Synthetic Drugs: Lawmakers Greatly Reduce Risk of Zombie and Cannibal Attacks for First Time Ever!

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 Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlaws over 90 new forms of synthetic drugs. It modifies Section 893.03(1)(c), Florida Statutes , by expanding the list of banned hallucinogenic substances in Schedule I of the Florida Comprehensive Abuse Prevention and Control Act.

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Responding to an Initial Medicaid Audit Request

The Health Law Firm

By Lance O. Leider, J.D. Florida healthcare providers servicing Medicaid patients are at a higher risk for audits than anywhere else in the country. The unfortunate truth is that Florida has become synonymous with healthcare fraud. As a result, auditing and subsequent overpayment demands are some very real possibilities. Should you find yourself, your facility, or your health practice the subject of a Medicaid audit by your state Medicaid agency or audit contractor, there are a few things you sh

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Florida Outlaws 90 Forms of Synthetic Drugs for First 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. Florida Governor Rick Scott signed House Bill 1175 on March 23, 2012. This bill outlaws over 90 new forms of synthetic drugs. It modifies Section 893.03(1)(c), Florida Statutes , by expanding the list of banned hallucinogenic substances in Schedule I of the Florida Comprehensive Abuse Prevention and Control Act.

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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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Compliance with Conditions of Participation Necessary for Reinstatement of Terminated Medicare Billing Privileges or Revoked Medicare Provider Number and Participation Agreement

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 have recently experienced an alarming increase in the number of Medicare providers receiving notices that their Medicare billing privileges are being terminated. These include home health agencies (HHAs), independent diagnostic testing facilities (IDTFs), ambulance and emergency transport providers, physicians, pharmacies, durable medical equipment (DME) providers, medical groups, physical therapis

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Florida Nurse Charged With Patient Abuse

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 licensed practical nurse (LPN) at Florida State Hospital has been arrested and charged with one count of abuse of a disabled adult at the hospital. The nurse was arrested on a felony warrant by the Attorney General’s Medicaid Fraud Control Unit (MFCU).

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Tennessee Hospital Agrees to Pay $3.59 Million to Settle False Claims Act Allegations Concerning Ambulance Services

The Health Law Firm

By Miles Indest. Maury Regional Hospital, located in Columbia, Tennesse, has agreed to pay the federal government over $3.5 million to settle False Claims Act allegations that occurred between 2004 and 2009. Maury Regional submitted a voluntary self-disclosure to the US Attorney's Office and the Department of Health and Human Services (DHHS) Office of Inspector General (OIG).

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GlaxoSmithKline Agrees to $3 Billion Settlement in Healthcare 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. GlaxoSmithKline (GSK), a prescription drug manufacturer, has agreed to pay $3 billion in fines to resolve healthcare fraud allegations. The settlement was announced by federal prosecutors on July 1, 2012, and in a press release from the Florida Attorney General on July 2, 2012.

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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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Pennsylvania Man Charged with Medicare Fraud in Ambulance Scheme

The Health Law Firm

By Miles Indest. A Pennsylvania man has been charged in a 23-count indictment in relation to an alleged scheme to defraud Medicare by billing for fraudulent ambulance services. The charges were announced by the Department of Justice (DOJ) on June 29, 2012. "Straw" Owner Allegedly Used to Start Ambulance Company. The indictment alleges that the man used a "straw" owner (someone who was not actually the owner) to fraudulently open Starcare Ambulance because he was otherwise ineligible to own the c

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Department of Health Licensees Have Statutory Duty to Update Addresses

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 recent case involving the Florida Department of Business and Professional Regulation (DBPR) demonstrates how important it is for all professional licensees, including Department of Health (DOH) licensees, to immediately update their addresses with the licensing agency when there is change.

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Appeal Court Rules AHCA Was Justified in Withdrawing Home Health Agency's License Application

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 First District Court of Appeal has ruled that the Agency for Health Care Administration (AHCA) had substantial justification to withdraw a home health agency's application for licensure in a recent case. To view the opinion, click here. Home Health Agency Challenged AHCA's Decision to Withdraw Application.

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Assisted Living Facilities Win Case Against AHCA on Appeal

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 Orlando assisted living facilities (ALFs) won a case against the Agency for Health Care Administration (AHCA) on appeal. The First District Court of Appeal heard the case and filed an opinion in favor of the ALFs on November 30, 2011. To view the opinion, click here.

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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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OCR Releases HIPAA Audit Protocol

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 Office for Civil Rights (OCR) has released an audit protocol for audits of Health Insurance Portability and Accountability Act (HIPAA) covered entities. The audit protocol covers audit procedures and requirements for assessing compliance with HIPAA's Privacy Rule, Security Rule, and Breach Notification Rule.

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Health Care Providers are Facing Increased False Claims Act Liability: False Data in Clinical Research Investigations New Theory

The Health Law Firm

By Miles Indest and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. A recent "whistle-blower case" filed under the False Claims Act (FCA) has emphasized the indispensability of fact verification when submitting claims, grant applications or other information to the federal government. Health care providers may face FCA liability for false records or mediocre research methods when seeking research grants from a federal agency.