New! Florida Bar Health & Wellness Center; Annual Bar Convention

The Florida Bar’s Special Committee on Mental Health and Wellness works to destigmatize mental illness, recommend best practices and remedies, and help bring more balance into members’ daily professional lives.

Visit The Florida Bar Mental Health and Wellness Center for more resources and how to get help.

Make Plans to Attend the 2018 Annual Florida Bar Convention

June 13-16, 2018

Hilton Orlando Bonnet Creek
14100 Bonnet Creek Resort Lane
Orlando, Florida 32821
407/597-3600

Join your colleagues and friends at the 68th Annual Florida Bar Convention June 13-16, at Hilton Orlando Bonnet Creek. Annual Convention provides the ultimate environment to network with colleagues, judges and friends. There will be many CLE opportunities, Section and Committee meetings, luncheons and special events including Judicial Luncheon, All Member Reception, Alumni Receptions and more! Make your Hotel reservation today and take advantage of our discounted group rates.

Link to event page: https://www.floridabar.org/news/meetings/meetings001/

May Web Audio Seminar

Info

Date: 05.08.2018 12:00 pm - 1:00 pm

Location: Online

Url: https://tfb.inreachce.com/Details?groupId=bbca1278-9fa4-4f2f-b25b-6269834c8c49

Cost

Health Law Section Members = $20

Non- Health Law Section Members = $50

Details

Course Number 2823; May 8, 2018

Speaker – Frank Terzo

Topics covered will include the following:

Laboratory fraud, Anti-Kickback issues, and the interplay between Anti-Kickback and the Bankruptcy Code

Status of Medicare and Medicaid provider agreements following the Eleventh Circuit decision in Bayou Shores

Liquidation issues for a bankruptcy trustee in dissolving a multi-specialty physician practice

CLE Credits: General 1.0

Certification Credits: Business Litigation 1.0 and Health Law 1.0

https://tfb.inreachce.com/Details?groupId=bbca1278-9fa4-4f2f-b25b-6269834c8c49

2018 Web Audio Seminars

Florida Bar Health Law Section Monthly Audio Webcasts Overview

February - June 2018

Health Law Section Members = $20

Non- Health Law Section Members = $50

Read More

Legislative Bills Filed February 28, 2012

The following bills were filed on February 27 and 28, 2012.

HB 7133 Relating to Quality Improvement Initiatives for Entities Regulated by the Agency for Health Care Administration (Health & Human Services Committee)

Quality Improvement Initiatives for Entities Regulated by the Agency for Health Care Administration: Provides responsibilities of DCFS & mental health service providers for me ntal health residents who reside in ALFs; provides for imposition of contract penalties on Medicaid prepaid health plans & mental health service providers; provides for interagency agreement between DCFS & AHCA; requires specified information regarding confidentiality of complaints to State Long-Term Care Ombudsman Program to be provided to residents of long-term care facilities upon admission; directs agency to establish & implement methodologies to adjust Medicaid rates for hospitals, nursing homes, & managed care plans; provides criteria for & limits on amount of Medicaid payment rate adjustments; directs agency to seek federal approval to implement performance payment system; provides applicability of performance payment system to general hospitals, skilled nursing facilities, & managed care plans; provides that specified persons who have regulatory responsibilities over or provide services to persons residing in ALFs must report suspected incidents of abuse to central a buse hotline; requires ALFs to be under management of licensed administrator; provides training & licensure requirements for administrators; authorizes agency to issue temporary license to administrator; provides additional requirements for limited mental health license; provides fines & penalties for specified violations by ALF; directs DEA to create advisory council to review circumstances of unexpected deaths in ALFs & of elopements; provides schedule for inspection of ALFs; provides that AHCA, DEA, DCFS, & APD shall develop or modify electronic information systems. Effective Date: July 1, 2012

SB 2134 Relating to Share Your Spare Act/Kidney Transplant (Smith (C))

Share Your Spare Act/Kidney Transplant; Urging Congress to pass the Share Your Spare Act, H.R. 2755, and the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patie nts Act, H.R. 2969 and S. 1454, etc.

Legislative Bills Filed February 17, 2012

SB 1990 - Relating to Developmental Disabilities (Budget)

Developmental Disabilities; Requiring that the Agency for Persons with Disabilities review a waiver support coordinator’s performance to ensure that the support coordinator meets or exceeds criteria established by the agency; requiring that the area office review the amount of funding needed to address the each client’s extraordinary needs in order to determine the medical necessity for each service in the amount, duration, frequency, intensity, and scope that meets the client’s needs; authorizing the agency to consult with the Department of Health, the Agency for Health Care Administration, the Department of Business and Professional Regulation, and the Department of Agriculture and Consumer Services concerning procedures related to the storage, preparation, serving, or display of food and procedures related to the detection and prevention of diseases caused by certain factors in the environment, etc. Effective Date: July 1, 2012

SB 1988 - Relating to Medicaid (Budget)

Medicaid; Deleting a prohibition preventing children who are eligible for coverage under a state health benefit plan from being eligible for services provided through the subsidized program; requiring a completed application, including a clinical screening, for enrollment in the Children’s Medical Services Network; updating references to data used for calculations in the disproportionate share program; providing an additional site in Broward County for the Program of All-Inclusive Care for the Elderly, etc. Effective Date: except as otherwise expressly provided in this act and except for section 23, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2012

January - April 2018 Health Law Updates

The Health Law Section (“HLS”) website has been updated with January through April 2018 articles on significant developments in the health law arena that may be of interest to you in your practice. These summaries are presented to HLS members for general information only and do not constitute legal advice from The Florida Bar or its Health Law Section. HLS thanks the following volunteers who have generously donated their time to prepare these summaries for our members:

  • Trish Calhoun, Esq., Carlton Fields
  • Jocelyn Ezratty, Esq., Di Pietro Partners, LLP
  • Christian Perez Font, Esq., Chief Compliance Officer, OPKO Health, Inc. 
  • Angelina Gonzalez, Esq., Panza, Maurer & Maynard, P.A.
  • Jan Gorrie, Esq., Of Counsel, Panza, Maurer & Maynard, P.A.
  • Caycee Hampton Esq., Carlton Fields
  • Jeanne E. Helton, Esq., Smith, Hulsey & Busey
  • Anne Kelley, J.D. Candidate, University of Florida
  • Michael D. Lessne, Esq., Broad and Cassel, LLP
  • Erica Mallon, Esq., Carlton Fields
  • Juan Carlos (“JC”) Palacio, Esq., CHC, Associate Director, Health Information Privacy, Jackson Health System
  • Danielle Scheer, MPH, CPH, J.D. Candidate, University of Florida
  • Paul Thompson, Esq., MPH, Contract Attorney, Raymond James Financial, Inc. 
  • Timothy S. Wombles, Esq., Broad and Cassel, LLP

Thank you,

Jamie Gelfman, Esq., Broad and Cassel LLP, HLS Editor in Chief

Trish Huie, Esq., Patricia A. Huie, PLLC, HLS Team Editor

Ashley Brevda, Oncology Analytics, Inc., HLS Team Editor  

Download the Updates at the Following Links

http://www.flabarhls.org/resources-menu/document-library/health-law-updates

document April 2018 HLS Updates DOCX (47 KB)

pdf April 2018 HLS Updates PDF (259 KB)

Table of Contents in This Edition

ADMINISTRATIVE LAW UPDATES

CHALLENGE TO FLORIDA BOARD OF OPTOMETRY’S AUTHORITY

FIFTH CIRCUIT REVERSES DISMISSAL OF COMPLAINT SEEKING INJUNCTION TO PREVENT MEDICARE RECOUPMENT PRIOR TO CONCLUSION OF ADMINISTRATIVE APPEAL BASED ON VIOLATION OF PROCEDURAL DUE PROCESS

ANTITRUST UPDATES

CONSIDERATION OF EFFICIENCIES IN ANTITRUST MERGER ANALYSIS UNDER § 7 OF THE CLAYTON ACT

COMPLIANCE UPDATES

OIG AUDITS THE ACCURACY OF HOSPITAL CREDIT REPORTING IN CLAIMS

FRAUD AND ABUSE UPDATES

FLORIDA OPHTHALMOLOGIST SENTENCED TO 17 YEARS FOR MEDICARE FRAUD

HEALTHCARE PROVIDERS EMPOWERED BY DOJ MEMO IN HEALTHCARE FRAUD ACTIONS

MIDDLE DISTRICT CONTINUES TO REFINE THE APPLICATION OF STANDARDS SET FORTH IN ESCOBAR

Q1/2018: AN ACTIVE MONTH FOR HEALTHCARE FRAUD ENFORCEMENT IN FLORIDA

PRIVACY AND SECURITY UPDATES

EU’S NEW PRIVACY LAW, THE GDPR – THE BAR IS SET HIGH

HIPAA – LESSONS TO LEARN FROM THE FRESENIUS SETTLEMENT

LEGISLATIVE UPDATES

2018 LEGISLATIVE SESSION – HEALTH LAW MATTERS

LICENSING & SCOPE OF PRACTICE UPDATES

GOVERNOR RICK SCOTT SIGNS HOUSE BILL 21 (HB 21), IMPOSING NEW REQUIREMENTS AND RESTRICTIONS ON PRESCRIBING CONTROLLED SUBSTANCES IN FLORIDA

REGULATORY UPDATES

DEPARTMENT OF JUSTICE RAISES PENALTIES FOR FALSE CLAIM AND ANTI-KICKBACK VIOLATIONS

CMS FINALIZES COVERAGE FOR NEXT-GENERATION SEQUENCING TESTS

FDA PROPOSES RULE TO LOWER NICOTINE IN CIGARETTES

TRANSACTIONS UPDATES

NEED A LYFT? NON-EMERGENCY MEDICAL TRANSPORTATION RIDESHARING: UBER HELPFUL AND UBER RISKY

 

 

Upcoming CLE Events

14Sep
09.14.2018 8:00 am - 5:00 pm
Master Class Legal Emergencies in Health Care

Upcoming Meetings

No events found

Upcoming Audio Webcasts

8May
05.08.2018 12:00 pm - 1:00 pm
Hot Topics in Healthcare Bankruptcy Cases
Online
12Jun

Upcoming Conferences and Conventions

13Jun
06.13.2018 - 06.18.2018
2018 Annual Convention
Hilton Orlando Bonnet Creek