Blog
How the Dial Decision May Alleviate Intrusive Discovery for Medical Providers
On April 28th, the Florida Supreme Court confirmed that plaintiffs in personal injury lawsuits who had their past medical expenses satisfied by Medicare can only present those reduced amounts for the jury’s consideration. Elaine Dial v. Calusa Palms Master Assoc.,...
In an Effort to Curb Non-Compliance with the Hospital Price Transparency Rule, CMS Proposes Significant Price Hike to the Civil Monetary Penalties
The Hospital Price Transparency Rule, which became effective on January 1, 2021, requires hospitals to publish and make public a list of its standard charges and certain diagnosis-related groups of charges set forth in Section 1886(d)(4) of the Social Security Act....
Bills Attempting to Reform Medical Malpractice Immunity Fail in Florida Legislature
On April 30, 2021, two legislative bills which would have drastically altered Florida’s Wrongful Death Act (§§ 768.16 – 768.26, Florida Statutes) failed to pass the State Senate. The bills--House Bill 651 and Senate Bill 1112, respectively--were both aimed at...
Georgia Clinic to pay $1.5 Million Settlement and Implement a Corrective Action Plan due to Systemic Noncompliance with HIPAA
An orthopedic services clinic in Georgia, Athens Orthopedic Clinic, recently entered into a Resolution Agreement with the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services as a settlement after numerous systemic violations of the Health...
Facts About Federal Grand Jury Subpoenas
Federal Grand Jury Subpoenas Receiving a federal grand jury subpoena is a disquieting moment. You must treat it with the utmost seriousness. There are two reasons you may be served: You are the focus of an investigation and potentially face criminal charges at the...
Telemedicine in Florida
Multiple, rapid changes to the regulation of telemedicine services have made telehealth a grey area for many Florida-based practitioners and out-of-state providers. Many healthcare providers are struggling to adapt to telehealth services. Although telemedicine is...
What You Need to Know About the Certificate of Need Law in Florida
The Certificate of Need program is a regulatory process that requires certain health care providers to obtain state approval before offering certain new or expanded services. It is also considered a powerful tool in reducing health care fraud. Compared to other states...
Non-Compete Opinion in 21st Century Oncology Inc. vs. Ashley Moody (House Bill 843)
Judge Upholds Florida State Statute Voiding Specific Employee Non-Compete Agreements When five out of nine oncologists employed by 21st Century Oncology Inc. left the company to start their own practices, the company cited a violation of the non-compete clause of...
PPP Loans: Audits and Subpoenas
The Department of Justice has already started investigating and even filed charges against individuals who acquired Paycheck Protection Program (“PPP”) loan funds under false pretenses. In most of the cases charged so far, the individuals all claimed to have...
Changes to the Florida State-Patient Brokering Act
Following the recent changes to the state PBA (Patient Brokering Act), many health care providers in Florida don't know if formerly widespread practices are legal. Various authorities claim that the change in the legislature, meant to act as a step in healthcare fraud...
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