2014

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IRS Beefs Up Whistle-blower Awards Program

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 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.

Fraud 52
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Stay Sharp and Aware: Employee Embezzlement in the Medical Field - Part 2

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 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.

Fraud 52
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Don't Bury Your Head in the Sand: Embezzlement in the Medical Field - Part 1

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. 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.

Doctors 52
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Hey, Health Care Professionals, Why Can't We Be Friends?!

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. 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.

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The Evolution of Communication in Healthcare Settings

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.

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CMS Expands Medicare's Authority to Deny and Terminate Physicians and Other Providers-Why This Matters

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 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

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Office of Inspector General Work Plan 2015: A Provider's Overview-Part 1

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 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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Failure to Comply With HIPAA Can Result in Both Civil and Criminal Penalties

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. 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.

HIPAA 40
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Medicare Providers: Make Sure Medicare Has Your Correct Address; Make Sure You Complete CMS Forms 855I Correctly

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 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.

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Supreme Court Scrutinizes Dentist Regulating Dentists - Ruling Could Affect Other Regulatory Boards

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 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.

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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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Baker Act Basics

The Health Law Firm

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.

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Reap the Benefits of Electronic Health Records, Not the Liabilities - Part 2

The Health Law Firm

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.

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The United States Ebola Case May Have Cast Doubt On The Use of Electronic Health Records - Part 1

The Health Law Firm

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.

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Just What the Doctor Ordered: More Medicaid Reimbursements May Be On the Way For Florida Physicians

The Health Law Firm

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.

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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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What You Need to Know about the Rescheduling of Hydrocodone Combination Products

The Health Law Firm

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.

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Reinstatement After OIG Exclusion is Not Automatic

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 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.

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The ABCs of IRBs

The Health Law Firm

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

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Has Healthcare Compliance Gone Too Far?

The Health Law Firm

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.

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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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Warning: Texting Patients' Sensitive Information Could Have Serious Consequences

The Health Law Firm

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?

Doctors 40
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As a Health Care Professional in Florida, You Need to Stay In the Know on Medical Marijuana

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 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.

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Thinking About Contacting the Professionals Resource Network (PRN) or the Intervention Project for Nurses (IPN)? Read This.

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 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.

Nurses 40
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What You Need to Know About Florida's Baker Act - Part 2

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 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.

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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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What You Need to Know About Florida's Baker Act - Part 1

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 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.

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Science Journal Retracts Stem-Cell Research Studies; Head Researcher Held Accountable

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 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.

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Limits on Number of Attempts and Time for Completion of USMLE Step Exams

The Health Law Firm

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.

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Document Drop Off: Where One Health System Left Private Patient Medical Records

The Health Law Firm

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.

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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.