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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 The Internal Revenue Service (IRS) is hoping that a change in the law and the possibility of a big payout will encourage more whistle-blowers snitching to authorities. Few people are aware of this program. The IRS issued brand new regulations for its own whistle-blower program in August 2012.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Embezzlement should be a concern to all healthcare facilities , medical practices and business owners. Part one of my embezzlement blog discussed the extent of embezzlement in the medical field, financial indicators of fraud, and the office criteria that fosters fraudulent activities.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. When his American Express Platinum Card with an unlimited credit line was declined, a doctor in DeBary, Florida, realized he had a big problem. According to the Orlando Sentinel, the office manager of the doctor's medical practice allegedly embezzled more than $136,000.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. This past year our firm has attended more medical industry events than ever before. Needless to say, our law firm table is not the most popular hangout spot. If we had a penny for every time we have heard "Yikes, an attorney! I hope I never need you." we could close our doors and all retire.
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 Stop me if you've heard this one before: the Centers for Medicare and Medicaid Services (CMS) recently increased Medicare's authority over physicians and other health care providers. On December 3, 2014, CMS released these new anti-fraud measures. This matters to physicians and health care providers because Medicare now maintains the authority to deny or revoke the enrollment of medical providers for m
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law An ounce of prevention is worth a pound of cure. Through the 2015 Office of the Inspector General (OIG) Work Plan, the agency has revealed how it plans to carry out its mission to ensure the Medicare and Medicaid programs run more efficiently in the 2015 fiscal year.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law Each new fiscal year, the Office of the Inspector General (OIG) Department of Health and Human Services (HHS) releases its annual Work Plan. This Work Plan is the general overview of how the OIG intends to carry out its mission to make the Medicare and Medicaid programs run more smoothly and efficiently in the followin
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Health Care Compliance Brief brings together the best content for health law & compliance professionals from the widest variety of industry thought leaders.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law Each new fiscal year, the Office of the Inspector General (OIG) Department of Health and Human Services (HHS) releases its annual Work Plan. This Work Plan is the general overview of how the OIG intends to carry out its mission to make the Medicare and Medicaid programs run more smoothly and efficiently in the followin
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. Even though a violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security provisions does not allow a private civil cause of action, it does carry civil and criminal penalties. Anyone who is a health care professional or facility, or deals with a health care professional or facility, should be aware of these legal provisions.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are constantly consulted by and retained to represent physicians, medical groups, pharmacies, durable medical equipment (DME) distributors and other Medicare providers on issues relating to deficiencies from site visits and inspections by Medicare contractors and on notices of termination of Medicare billing privileges.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The United States Supreme Court is currently hearing arguments in North Carolina Board of Dental Examiners v. Federal Trade Commission. The justices will determine whether professional regulatory boards should be exempt from federal antitrust laws and thus be allowed to eliminate low-cost competitors.
By Lance O. Leider, J.D., The Health Law Firm The Florida Mental Health Act, more commonly known as the Baker Act, was passed to allow for the creation of programs designed to "reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders." Section 394.453, Florida Statutes. The Baker Act contains a wide range of provisions ranging from screening to appointment of legal guardians.
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 Lenis L. Archer, J.D., M.P.H., The Health Law Firm In part one, I discussed how the recent United States Ebola crisis in Texas appeared to bolster the argument for those wary of the implementation of electronic health records (EHRs). To read that blog, click here. Health information technology (health IT) brings both opportunities and challenges for healthcare providers.
By Lenis L. Archer, J.D., M.P.H., The Health Law Firm The evolving world of electronic technology saturates every type of industry imaginable. Organizational communication and the resources utilized have come full circle; from paper and pens to iPads and keyboards. Healthcare is not excluded from this advancement. Conversion to electronic health records (EHRs) has been a hot topic in the healthcare world for years.
By Lance Leider, J.D., The Health Law Firm Taking Medicaid patients can be seen as a professional obligation for health care providers. In return, good deeds should not bankrupt a practice. There could soon be a resolution to a class-action lawsuit against Florida health and child-welfare officials that would adequately compensate physicians for treating children of poor families.
By Lenis L. Archer, J.D., M.P.H., The Health Law Firm Physicians and pharmacists: mark your calendars. The Drug Enforcement Administration (DEA) is reclassifying "hydrocodone combination products" from Schedule III to the more-restrictive Schedule II under the Controlled Substances Act. The final regulation will take effect on October 6, 2014. Upon the effective date, this change will have a widespread impact on healthcare professionals, particularly physicians and pharmacists.
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.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An issue we frequently handle is Office of Inspector General (OIG) exclusion from the Medicare program following a conviction for a healthcare-related offense. An OIG exclusion blocks a healthcare provider from working for any individual or entity that contracts with federally funded programs in any capacity.
By Lenis L. Archer, J.D., M.P.H., The Health Law Firm The field of scientific research presents many challenges to academics. When research is performed on human subjects in a health care setting, the stakes are even higher. Allegations of research misconduct can throw academic researchers into a tangled web of institutional and legal challenges. University policies, federal regulations, and legal concerns overlap in ways that may become quite frustrating for a health practitioner and researcher
By Lance O. Leider, J.D., The Health Law Firm From large hospital systems to solo practitioners, there is no escaping healthcare compliance in the industry. The concept of compliance can spark different thoughts in different people. For example, some believe it is an unnecessary government intrusion, and others believe it's a way to improve the quality and costs of healthcare.
By Lance O. Leider, J.D., The Health Law Firm I regularly lecture to residents and interns of local hospital residency programs. I like to discuss life skills for health care professionals that they may not learn in a classroom. At the end of the discussion, it never fails that I get at least one question regarding text messaging. For example, "Can I text another doctor about a patient?
Payroll compliance is a cornerstone of business success, yet for small and midsize businesses, it’s becoming increasingly challenging to navigate the ever-evolving landscape of federal, state, and local regulations. Mistakes can lead to costly penalties and operational disruptions, making it essential to adopt advanced solutions that ensure accuracy and efficiency.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law During the 2014 session, the Florida legislature passed Senate Bill 1030 or the Compassionate Medical Cannabis Act of 2014. The bill was signed into law by Florida Governor Rick Scott on June 16, 2014. The law makes it legal for qualified Florida patients to take low-THC cannabis in liquid form.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Physicians, dentists, nurses and other health professionals, accused of wrongdoing, may be referred to or receive recommendations from colleagues to refer themselves to the Professionals Resource Network (PRN) or the Intervention Project for Nurses (IPN). This is often done by someone who has absolutely no idea about these programs or what they require.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are frequently consulted by family members or friends of individuals who are erroneously confined under Florida's Baker Act or the Marchman Act. An erroneous confinement under the Baker Act can occur for a number of different reasons. However, the result is that an independent citizen is confined in violation of his constitutional rights to liberty and privacy.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are frequently consulted by family members of individuals who are erroneously confined under Florida's Baker Act, Section 394.451, Florida Statutes. An erroneous confinement under the Baker Act can occur for a number of different reasons. However, the result is that an independent citizen is confined in violation of his constitutional rights to liberty and privacy.
Healthcare communication has evolved from handwritten notes and paper charts to digital tools like EHRs, telemedicine, and AI-powered platforms. This blog explores how these advancements improve patient outcomes, streamline care delivery, and enhance provider collaboration. Learn about the role of mobile health (mHealth) apps, secure messaging, and social media in bridging communication gaps.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The scientific journal, Nature, retracted two high-profile stem-cell research studies due to signs of inadequate data and plagiarism. According to Tech Times, researchers from the RIKEN Center for Development Biology in Kobe, Japan, published results on January 30, 2014, claiming that scientists of the institute had successfully reprogrammed mature cells into young stem-cells.
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 According to the United States Medical Licensing Examination ( USMLE ) 2014 Bulletin of Information, individuals are permitted to attempt the same Step Exam or Step Exam Component a maximum of six times. All attempts, including incomplete attempts, are counted toward the limit, regardless of when they were taken.
By Lenis L. Archer, J.D., M.P.H. A drop off of private patient files to a physician quickly turned into what may be one of the most expensive deliveries in healthcare regulatory history. In 2009, employees of Parkview Health System, a nonprofit organization with hospitals in Indiana and northwest Ohio, left 71 cardboard boxes of private patient medical records in the driveway of a retiring physician.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law. The US Drug Enforcement Administration (DEA) continues to crackdown, at least in Florida, on physicians and pharmacists suspected of prescribing and dispensing narcotics. We believe this effort is a continuation of the campaign against "pill mills" and the pharmacies that fill prescriptions written by them.
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.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law When I served with the federal government, a frequent saying used over and over was: "It's better to ask for forgiveness than to ask for permission." This may be what Adventist Health System is hoping for in making its latest self-disclosure to the Office of Inspector General (OIG).
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law "A menace to society," "board-certified in medical fraud," "one of the most dangerous doctors I've seen in a long time." These are some of the harsh words coming from the Florida Board of Medicine. The Board used those statements to describe a Sarasota, Florida, urologist who specializes in prostate problems.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Always be wary of asking "could it get any worse?" Halifax Health Medical Center in Daytona Beach, Florida, is proof that a situation always has the possibility of taking a darker turn. On May 27, 2014, the federal judge overseeing the ongoing Halifax whistleblower/qui tam court cases ruled that the medical center wrongfully destroyed documents and files that were central to the upcoming trial.
By Lance O. Leider, J.D., The Health Law Firm. Under a rule finalized by the Centers for Medicare and Medicaid Services (CMS) on May 19, 2014, doctors and other health care professionals will be required to enroll in the Medicare program, or have a valid opt-out affidavit on file, for prescriptions to be covered under Part D. The new requirement takes effect on June 1, 2015.
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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