Category Archives: Health Law

Florida Legislature Considers Bill To Require All Non-Provider Owned Practices To Become Licensed.

Under the Florida Health Care Clinic Act, most health care clinics not owned by a licensed physician or practitioner must apply for a license with the Agency For Health Care Administration (AHCA). The licensing process can be quite onerous and requires background checks of owners and certain employees, financial requirements, and inspections. Because the law was a result of investigations into personal injury clinics, a quirk in the language of the law made it possible for health care clinics that
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URGENT SCAM ALERT – Phony DEA Agent Contact to Doctors

To our physician clients and friends: We want to let you know about a phony DEA agent scam that was attempted on one of our physician clients the other day.  Our client texted one of our partners, advising that he was on the phone with a person who represented herself as a DEA agent, who was calling to inform the physician that his license was going to be immediately suspended and he was going to be arrested.  We were able
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The Importance of Timely Retaining Personal Counsel

Doctor, when is the best time to treat an infection?  As soon as possible, right?  Timely care usually means that the least amount of harm has occurred, options are available, and a better prognosis.  If significant time passes before an infection is treated, sometimes it’s “better late than never,” but sometimes it’s “too little too late.”   The same is true for retaining personal counsel. Personal counsel is most effective if utilized as soon as possible. If significant time passes
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Personal Counsel protects doctors not insurance companies. Every doctor being sued for medical malpractice should have a personal counsel

When a doctor with malpractice insurance gets sued, the first thing he or she should do is forward the lawsuit to their carrier. The first thing a carrier will do is determine if it owes coverage to the doctor.   Sometimes the insurance company determines the claim is not covered by the policy.  Sometimes the insurance company will cover the claim but reserve their right to withdraw from defending the doctor. In either event, personal counsel can advocate for the doctor’s
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Health Law Primer: Prohibition Against Kickbacks

It is a crime for any person to pay or receive anything of value if even one purpose of that payment is to induce the referral of a patient for a health care good or service. This prohibition exists in Federal law and, in various permutations, often exists in states’ laws as well. On the Federal level, this restriction does not apply if and to the extent that the arrangement fits within one of approximately twenty-five fact patterns that appear
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Prescription Management” Company For Physicians Accused of Fraud

Allegations against a company in Texas that acted as a “prescription manager” for physicians, finding the highest reimbursed drugs in various health plans and encouraged physicians to prescribe those drugs. There is some indication that select pharmacies filled the prescriptions with certain financial benefits going back to the doctors. Based on the article it appears to be a fairly large operation. The company, for its part, claims it did nothing wrong; having had attorneys review and approve their business model.
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Drug Manufacturer Accused Of Kickbacks By Providing Nurses

A lawsuit filed by the State of California alleges that the drug maker, AbbVie, induced physicians to over-prescribe Humira, a drug used for the treatment of rheumatoid arthritis. The alleged kickbacks included supplying nurses to go to the patients’ homes as an extension of the physicians’ practice to administer the medication and complete physician’s administrative paperwork. The suit alleges that the nurses, paid by and working for the drug company, looked out for the drug company’s interests, not those of
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Medicaid Taxi?? Fraud

A group of taxi companies allegedly took up a unique way of competing with ride share companies like Uber and Lyft; Medicaid Fraud. A New York man entered a plea agreement last week to a health care fraud conspiracy involving millions of dollars’ worth of fraud in charges for patient transportation. Medicaid pays for non-emergency medical transportation for beneficiaries who cannot afford their own transportation. Through a combination of kickbacks and fraud including charges for rides that never happened, the
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How Florida’s New Controlled Substance Regulations Impact You

Article Written By: Carlos H. Arce, Esq. On March 19, 2018, Governor Rick Scott signed into law House Bill 21, adding new legal requirements on healthcare providers who prescribe controlled substances, and specifically geared towards opioids. In recent years, the opioid epidemic has affected the public health of the United States. Many states have adopted new laws that add new requirements in prescribing controlled substances. Healthcare providers all across the country have had criminal charges filed against them for violations
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Medical Practice Policies and Procedures and Why You Need Them

Article Written By: Carlos H. Arce, Esq. During your time in medical school you never imagined that managing your own medical practice would have little to do with the practice of medicine. Medical school likely did not prepare you for the legal consequences that come with the modern-day business of medicine. Many physicians are forced to sell their practices, or worse, due to the legal liabilities that may come with owning a medical practice. A medical practice is typically composed
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