Tag Archives: health law

Appeals Court Upholds Medical Malpractice Law Changes

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 21, a state appeals court in Tallahass2 Indest-2009-1ee upheld the constitutionality of a controversial change in Florida’s medical malpractice law. It ruled that some privacy rights are waived when patients pursue medical malpractice lawsuits. A federal appeals court last year also upheld the change in Florida’s law.

The decision by a three-judge panel of the First District Court of Appeal resulted from a 2013 change in the medical malpractice law. The Republican-controlled Florida Legislature passed the amendments to the laws after a lobbying dispute between groups like doctors and plaintiffs’ attorneys.

Ex Parte Communications Play a Major Role.

The disputes in whether the changes were constitutionally valid centered around what is known as “ex parte communications.” The amended statute allowed doctors being sued for malpractice (or their attorneys) to speak with the patients’ other physicians, whether the patient consents or not. The new law also requires patients to sign forms authorizing the release of medical information before filing malpractice claims.

Ex parte communications allow a patient’s personal health information be obtained and used in a case. Other doctors who have treated the patient could provide the information. Additionally, without the patient’s knowledge or the patient’s attorney present, a disclosure of medical information could occur.

This Ruling Stemmed From a 2013 Case in Escambia County.

In 2013, Emma Gayle Weaver of Escambia County, Florida wanted to file a medical-malpractice lawsuit against a physician. According to court documents, her concern was about the constitutionality of the ex parte provision of the law. She challenged having to disclose her medical information to the other physician she was suing in order to bring her case.

The challenge raised legal questions about privacy rights given to all citizens by the Florida Constitution. But the panel of appeal judges disagreed that the ex parte provision violates her privacy rights.

The appeal decision, written by Judge James Wolf, stated: “It is well-established in Florida and across the country that any privacy rights that might attach to a claimant’s medical information are waived once that information is placed at issue by filing a medical malpractice claim. Thus, by filing the medical malpractice lawsuit, the decedent’s medical condition is at issue.”

To read more about the Weaver v. Myers decision, click here.

Another Issue Was Addressed.

Another issue questioned whether the ex parte change violated the constitutional separation of powers. The contention dealt with whether the Legislature overstepped the role of the Florida Supreme Court. But the appeals court ruled that the change was not procedural but rather was “integral to the substantive pre-suit notice” requirements that are in the law and mandated before the filing of a medical malpractice case.

The Federal Appeals Court Also Said the Law Doesn’t Violate HIPAA.

Last year, the 11th U.S. Circuit Court of Appeals upheld the ex parte change in a ruling that focused on whether the 2013 law violates the federal Health Insurance Portability and Accountability Act (HIPAA), which prevents disclose of personal medical information. The federal appeals court said the law did not violate HIPAA, a decision also cited in the First District Court of Appeal’s decision.

Comments?

Do you agree the court’s ruling? Do you think this provision violates privacy rights? Please leave any thoughtful comments below.

Consult With a Health Law Attorney Experienced in the Representation Health Care Professionals.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in academic disputes, contract negotiations, license applications, board certification applications and hearings, credential hearings and civil and administrative litigations.

To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Saunders, Jim. “Appeals court upholds waiver of privacy rights in malpractice cases.” (July 22, 2015). Palm Beach Post. From: http://www.palmbeachpost.com/news/news/state-regional-govt-politics/florida-appeals-court-backs-controversial-medical-/nm48m/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Medical malpractice, medical malpractice defense attorney, medical malpractice defense lawyer, Florida defense attorney, Florida defense lawyer, health law attorney, health law lawyer, privacy rights, privacy rights violation, appeals court, Health Insurance Portability and Accountability Act, HIPAA, health law, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Breach of HIPAA Privacy Regulations May be a Basis for Negligence Actions

By Shelby Root and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law

00011_RT8Given the advances in information technology, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted by Congress as a comprehensive legislative and regulatory scheme to ensure basic protections of patients’ right of privacy regarding their health information. HIPAA, standing alone, does not provide a private right of action. It also preempts contrary state laws. A recent case in the Supreme Court of Connecticut, Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 102 A.3d 32 (Conn. 2014), addressed these issues. The decision answered the question of whether HIPAA preempts state law claims for negligence and negligent infliction of emotional distress against a healthcare provider who released medical records in the course of complying with a subpoena.

The Facts of Byrne v. Avery Center for Obstetrics and Gynecology, P.C.

During May 2004, Byrne started a personal relationship with Andro Mendoza, which lasted four months. At some point during May 2004 and July 12, 2005, the Avery Center provided Byrne with gynecological and obstetrical care and treatment. During the visit she was given the center’s privacy policy regarding protected health information. The policy, and the law, state that a patient’s health information will not be disclosed without their authorization. After Byrne’s relationship with Mendoza ended she instructed the center not to release her medial records to him.

On May 31, 2005, Mendoza filed paternity actions against Byrne. The Avery Center was served with a subpoena requesting its presence, along with Byrne’s medical records, at Probate Court. The center did not alert Byrne of the subpoena, file a motion to quash or appear in court. Instead, it mailed a copy of Byrne’s medical file to the court.

The Supreme Court of Connecticut’s Holding.

The Supreme Court of Connecticut reasoned that the fact a state law that allows an individual to file a civil action to protect their privacy exist does not mean that the law conflicts with the HIPAA penalty provisions. Therefore, the court concluded that HIPAA does not preempt causes of action when they are based on a state common or statutory law due to a healthcare provider’s breach of confidentiality.

The court found that a number of federal and state courts have ruled that a breach of the HIPAA Privacy Rule may be the basis for a breach of a duty of care in state court negligence actions. A patient’s private right of action does not conflict with or complicate healthcare provider’s compliance with HIPAA. In fact, negligence claims in state courts are furthering HIPAA’s goal of deterring wrongful disclosure of patient’s healthcare information. To view a past blog on a HIPAA violation case in California, click here.

Editors’ Comments on Byrne.

This is the latest of several recent cases where state courts have allowed cases to proceed against health care providers who breached the medical confidentiality of their patients, based in part on the HIPAA Privacy Regulations. In this case, the court correctly held that, although HIPAA does not afford a private right of action by itself, it does establish the duty that is owed by a healthcare provider to its patients to protect their medical information. With this duty being established, the plaintiff can then proceed under a straight negligence tort cause of action.

It is also noteworthy that the HIPAA Privacy Regulations are just one source of “evidence” or standards that can be used to establish th duty owed by medical professionals and theories.

This case also helps to put to rest the spurious defense that HIPAA might “preempt” such a cause of action that is brought under state law. We have seen this theory used by defendants just about any time a federal statute or federal regulation might come into play in a tort law suit. The court correctly determined that this defense theory was not valid.

If anything, HIPAA has better defined and strengthened a duty that has been owed to patients by physicians, nurses, health professionals and health facilities since the time of Hippocrates.

Comments?

What are your thoughts on the Supreme Court of Connecticut’s ruling? Please leave any thoughtful comments below.

Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and instiuttions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Source:

Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 102 A.3d 32 (Conn. 2014). From:

http://scholar.google.com/scholar_case?case=6869878125055474806&q=Byrne+v.+Avery+Center+for+Obstetrics+and+Gynecology,+P.C.,+102+A.3d+32+(Conn.+2014)&hl=en&as_sdt=40006

About the Authors: Shelby Root is a summer associate at The Health Law Firm. She is a student at Barry University College of Law in Orlando. George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Health Insurance Portability and Accountability Act, HIPAA, HIPAA Privacy Rules, HIPAA compliance, protected health information, patient privacy, patient rights, HIPAA violation, penalties for HIPAA violation, civil penalties for HIPAA violation, privacy, defense attorney, defense lawyer, HIPAA defense attorney, HIPAA violation help, HIPAA attorney, HIPAA lawyer, compliance plans, health law, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Report: Florida Received an F in Medical Pricing Transparency

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

6 Indest-2008-3In Florida, it’s difficult to compare prices for medical services and procedures because the various prices are not made public. In part because of this, a recent study by a health-care advocacy group gave Florida an F for transparencies in pricing.


What Did the Analysis Look For?

The report analyzed whether or not states have laws and regulations that require health prices be made public.

Only One State Received an A.

The only state to receive an A in the study was New Hampshire. This is because of its NH Health-Cost site. The site provides consumers prices based on geography, type of insurance and other factors for everything from a basic visit to complicated medical tests. Consumers are able to go on the site and compare prices.

Florida Was Not the Only State to Receive an F.

Every state except five received the lowest grade from the Catalyst for Payment Reform and the Health Care Incentives Institute. So, if F was the average grade, I guess that means that Florida actually only received a C. Maybe there should be a “No State Left Behind” policy.

Comments?

Would you have given Florida an F? Do you think every state should have a health-cost website? Please leave any thoughtful comments below.

Contact Experienced Health Law Attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Kassab, Beth. “Hidden prices for health care earn Florida an F for transparency.” Orlando Sentinel. (July 16, 2015). Print.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Florida attorney, health care lawyer, health care attorney, law, health law, health care law, medical services, physician attorney, health care defense attorney, health care defense lawyer, health care, health care coverage, health law attorney, health law lawyer, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Federal Health Officials Propose Medicare Paying Doctors to Discuss End-of-Life Issues

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Centers for Medicare and Medicaid Services (CMS) released a new plan for doctors to discuss end-of-life issues with their patients. The plan is part of the CMS annual Medicare physician payment rule. This comes six years after the original controversy when President Obama first announced his health care legislation.

Doctors Will Be Paid for Discussing Treatment Options with Elderly Patients.

In what can only be described as welcomed and needed relief, the rule would reimburse doctors for discussing living wills and end-of-life medical treatment options with older patients. The medical discussions include long-term treatment options, like heart transplants. It also handles advance care planning, including a patient who desires treatment for a condition that affects his or her decision-making. These are conversations already taking place, but physicians are not currently paid for them.

The Pressure is on Medicare.

Medicare reimbursement is extremely important for elderly and disabled persons. As the second-largest insurer, many private insurers also follow the same rules Medicare adopts. Their place in the end-of-life care has long been debated. Whether or not health care professionals should be reimbursed for hospice and end-of-life treatment talks has been the center of debate. Physician groups and patient advocates have been pushing the health program to pay doctors for these consultations.

Many advocacy groups, including the American Medical Association (AMA), support the proposal. The AMA believes it’s the patient’s choice to plan advance-care decisions. Research has shown that there are great benefits to elders in advance-care planning and having their end-of-life wishes known to others. Receiving timely knowledge from physicians and health professionals can result in better decisions and ease of mind.

Rules Previously Criticized as “Death Panels” by Ignoramuses.

Sarah Palin, the towering mountain of medical knowledge and intellectual analysis, who dragged down John McCain into defeat during the elections of 2008, previously denounced similar payment provisions in the past. Sparking a great deal of unnecessary controversy, Palin claimed the health care reform legislation would create “death panels.” As a result of these and other similar accusations, the provision was removed from the final Affordable Care Act legislation. This deprived elders of useful knowledge and deprived health care providers of payment for their services. To read more about the “death panel” controversy, click here.

Comments?

What do you think of end-of-life discussions? Do you think they should be in place? Should physicians be reimbursed?  Please leave any thoughtful comments below.

Sources:

Grier, Peter. “ ‘Death Panel’ Controversy Very Much Alive.” The Christian Science Monitor. (Aug. 21, 2009). From: http://www.csmonitor.com/USA/Politics/2009/0821/death-panel-controversy-remains-very-much-alive

Sun, Lena H. “Medicare Proposes to Pay Doctors to Have End-of-Life Care Discussions.” The Washington Post. (July 8, 2015). From:
http://www.washingtonpost.com/national/health-science/medicare-proposes-to-pay-doctors-to-have-end-of-life-care-discussions/2015/07/08/1d7bb436-25a7-11e5-aae2-6c4f59b050aa_story.html

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


About the author:
George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Medicare, federal health, health law, health law attorney, health law lawyer, end-of-life issues, The Centers for Medicare and Medicaid Services (CMS), CMS, Medicaid, healthcare, health care, health care attorney, health care lawyer, physicians, physician attorney, health care legislation, Affordable Care Act, ACA, medicine, the health law firm, death panel, death panel controversy, Medicare investigations, Medicaid investigations, elderly healthcare, senior health care, American Medical Association

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law firm. All rights reserved.

Chinese Nationals Indicted in Alleged U.S. Test-Taking Scheme

6 Indest-2008-3By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Fifteen Chinese citizens living in the United States reportedly conspired to take college entrance exams for others so they could obtain student visas, according to the Associated Press. The frauds allegedly took standardized exams including the Scholastic Aptitude Test (SAT), the Graduate Record Examination (GRE), and the Test of English as a Foreign Language (TOEFL).

The Test-Taking Conspiracy.

According to BBC News, the scheme reportedly took place between 2011 and 2015, mainly in western Pennsylvania. Six individuals named in the indictment were identified as students who supposedly paid up to $6,000 to have other individuals, also charged, take the tests. The test-takers purportedly “impersonated others, and those others were able to use the fraudulent test scores to obtain F1 visas,” U.S. Attorney for the Western District of Pennsylvania David Hickton told the Associated Press. The individuals allegedly used fake passports that contained the students’ personal information, but a picture of the test-taker substituted for the student.

Testing Services Cooperate with the Investigation.

Princeton, New Jersey-based Educational Testing Service and the New York-based College Board are cooperating with the investigation, according to Hickton. “Their actions are consistent with the College Board’s commitment to identify and stop illegal activity that undermines the integrity of our exams and the hard work of students around the world,” College Board vice president Stacy Caldwell told the Associated Press. Educational Testing Service administers the SAT, GRE, and TOEFL exams, while the College Board oversees SAT registration.

Offenders Expected to Receive More Than Just a Slap on the Wrist.

The charges against the suspects include conspiracy, counterfeiting passports, mail and wire fraud, BBC News reported. The defendants, both male and female ranging in age from 19 to 26, could face up to 20 years in prison if convicted. According to BBC’s report, Special Agent in Charge of Homeland Security Investigations of Philadelphia John Kelleghan believes “these students were not only cheating their way into the university, they were also cheating their way through our nation’s immigration system.”

Due to the ongoing investigation, a final number has not yet been released documenting an exact number of suspects believed to be involved in the ruse.

Is There Similar Activity Going On in Medical Testing for NBME, USMLE or ECFMG Administered Tests?

There have been somewhat similar alleged test-taking fraudulent activities involving medical testing. From time to time we are consulted by individuals who have been caught using fraudulent documents to attempt to take the USMLE Step exams. We are also aware of allegations that there have been compromises of actual examinations involving foreign nationals. For example, see the blog I wrote on the Optima scandal.

On the whole, the NBME, USMLE, and ECFMG and their testing centers do an excellent job in screening out fraudulent test takers. It would be foolish for anyone who ever hoped to be a practicing physician to try to perpetrate a fraud in taking these tests.

Comments?

What are your thoughts on these allegations? Do you feel standardized testing should be monitored more heavily to prevent test-taking fraud from occurring? Please leave any thoughtful comments below.

Contact Experienced Health Law Attorneys.

The attorneys of The Health Law Firm provide legal representation to medical, dental, chiropractic, other professional students, residents, interns and fellows in academic disputes, contract negotiations, license applications, board certification applications and hearings, credential hearings, and civil and administrative litigations.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Chinese Nationals Accused of Taking SATs for Others.” BBC News. (May 28 2015). From:

http://www.bbc.com/news/world-us-canada-32921737

Mandak, Joe. “Feds Indict 15 Chinese in Alleged College Test-Taking Scheme.” The Associated Press. (May 28, 2015). From:

http://abcnews.go.com/US/wireStory/feds-indict-15-chinese-alleged-college-test-taking-31366456

About the Author: George F. Indest III, J.D., M.P.A., LL.M. is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

KeyWords: medical students, standardized tests, irregular behavior, fraud, defense attorney, legal representation, criminal proceeding, administrative law, health law, health care attorney, health care lawyer, defense lawyer, GME, graduate medical education, Step exams, medical interns, medical residents, ECFMG lawyer, USMLE attorney, foreign medical graduate attorney, legal counsel, legal advocate

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.

New MCAT Will Put the Social Skills of Potential Doctors to the Test

4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The 8,200 aspiring doctors expected to take the Medical College Admission Test (MCAT) this year will be seeing a different exam than their predecessors.

The doctor-patient dynamic is changing. So, to stay on top of this shift in the health care industry, the Association of American Medical Colleges (AAMC) announced in April 2015, the first major revision to the MCAT in 25 years. This test is the first high-stake exam encountered by physicians. The big difference physician hopefuls will notice is that the new test assesses social aptitude and not just hard science.

The New MCAT.

There are some old reliables on the MCAT that are here to stay. The exam will still test on biological sciences and physical sciences.

Here’s what has changed:

– Students will have more questions to answer, but more time to complete each question;

– The new MCAT adds a section covering introductory psychology, sociology and neuroscience;

– The MCAT has replaced its old section on “verbal reasoning” with a broader test of comprehension in the humanities and social sciences;

– The test has eliminated the essay;

– There is a new emphasis on research, including designing studies and analyzing their results;

– The scoring for the new test will be different; and

– Scores for each of the four sections of the MCAT will be reported separately, so medical schools can emphasize or de-emphasize some parts if they choose.

The AAMC created 900 free videos to help students prepare for the new test. To review those videos, click here.

What This Means for Test Takers?

According to a press release from the AAMC, the new MCAT test is part of a broader effort to improve the medical school admission process and to support the holistic review of applicants, which balances experiences, attributes and academic metrics. To read the press release from the AAMC, click here.

There has been a paradigm shift in medical education to acknowledge the competencies physicians need beyond medical knowledge. Doctors now need to possess a broad set of skills that will treat the whole patient. The new exam reflects these changes. It should be obvious that a good physician is well-rounded with many skills that stretch far beyond basic sciences. These proficiencies are now being tested and emphasized at an earlier age.

Regardless of the changes, the same keys to succeeding as a physician applicant will apply: strong grades, competitive MCAT scores, well-rounded extracurricular activities, outstanding recommendation letters, and a promising interview.

Comments?

What are your thoughts on the new MCAT test? Do you think testing more than just basic science on the MCAT is a positive change or unnecessary? Please leave any thoughtful comments below.

Sources:

Diamond, Dan. “For the New Doctors We Need, The New MCAT Isn’t Enough.” Forbes. (April 22, 2015). From: http://www.forbes.com/sites/dandiamond/2015/04/22/we-need-a-new-type-of-doctor-but-will-the-new-mcat-be-enough/

Beck, Melinda. “Medical-College Entrance Exam Gets an Overhaul.” Wall Street Journal. (April 15, 2015). From: http://news.doximity.com/entries/1701511?user_id=2169203

Association of American Medical Colleges. “Future Physicians Take New Medical College Admission Test.” (April 20, 2015). From: https://www.aamc.org/newsroom/newsreleases/430138/20150420.html

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1999-2015 The Health Law Firm. All rights reserved.

The Ins and Outs of Florida’s 2015 Legislative Session for Health Care Providers

10 Indest-2008-7George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law

Committees are busy in Tallahassee as the 2015 Legislative Session is set to begin on March 3, 2015. For Florida physicians and other health care providers, now is the time to review the legislative bills that could affect you and your practice. There are many bills pending that could impact the future of medical practice and health care delivery in Florida.

On the table are some recognizable bills from last year, as well as a few new ones. To stay up to date on the 2015 Legislative Session as it relates to health care, check this blog regularly.

Bills Up for Consideration.

The two most profiled issues from the 2014 Legislative Session are back.

– House Bill (HB) 547 and the companion Senate bill (SB) 614 would give nurse practitioners the ability to prescribe controlled substances. It would also expand their scope of practice, which would exempt them from the requirement that certain medical acts be performed or supervised by a physician. To learn more on this bill, click here for our previous blog.

– HB 545 and the companion Senate bill SB 478 defines what is determined to be telemedicine or telehealth. These bills call for coverage in Medicaid programs. Lawmakers state an agreement has been made to require health care providers to be licensed in Florida to provide telemedicine in the state. House and Senate leaders have expressed confidence they will reach an agreement this year on telemedicine. Click here to learn more on telemedicine in Florida.

Each bill could dramatically change the landscape of the practice of Florida medicine.

Keep an Eye on These Additional Bills.

Other pending bills that could impact the delivery of health care in Florida, include:

– SB 516 addresses insurance coverage and reimbursement issues for emergency services;

– HB 279 would allow pharmacy interns to administer vaccinations to adults;

– HB 281 and SB 532 would allow licensed physician assistants under physician supervision to order controlled substances in the hospital setting; and

– HB 515 and SB 710 revise the scope of physical therapists and prohibit individuals with doctorates in physical therapy to present themselves as a doctor without informing the public of his or her actual profession as a physical therapist.

In Conclusion.

The 2015 Legislative Session is packed with bills that, if approved, will affect physicians, physician assistants, nurses, and other health care providers. As a health care provider, knowing the ins and outs of these bills can save you from the headache and possible fines that could come from non-compliance. We urge you to become involved with these issues. If you would like to know more, you can contact your local medical society. Again, we will stay on top of the progress of these bills, so check this blog regularly.

Contact Experienced Health Law Attorneys.

The Health Law Firm routinely represents physicians, pharmacists, pharmacies, optometrists, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, HIPAA complaints and violations, NPDB actions, inspections and audits involving the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com.

Sources:

Stone, Rick. “PAs, Nurse Practitioners Could Get Prescribing Authority.” Health News Florida. (February 11, 2015). From: http://health.wusf.usf.edu/post/pas-nurse-practitioners-could-get-prescribing-authority?utm_source=Health+News+Florida+eAlert+subscriber+list&utm_campaign=e231ee3f8a-Friday_February_13_20152_13_2015&utm_medium=email&utm_term=0_8d22eaa6f6-e231ee3f8a-249582973

Saunders, Jim. “Telemedicine Deal Likely in 2015, Legislators Say.” Orlando Sentinel. (February 3, 2014). From: http://www.orlandosentinel.com/news/politics/os-florida-telemedicine-deal-20150203-story.html

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1999-2015 The Health Law Firm. All rights reserved.