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Category Archives: Regulatory
Florida Supreme Court Rules Cap on Pain and Suffering Damages Unconstitutional
By: Stephanie Russo Noneconomic damages for pain and suffering no longer are capped in medical malpractice cases after the Florida Supreme Court’s recent ruling in North Broward Hospital District, etc., et al., v. Kalitan that the caps violate the Equal Protection Clause … Continue reading
Posted in Regulatory, Stephanie Russo
Tagged Broad and Cassel, Broad and Cassel Health Law Practice Group, Equal Protection Clause, Equal Protection Clause of the Florida Constitution, Florida Constitution, Florida law, Florida Supreme Court, health law, health law florida, healthcare, pain and suffering damages
Amendment 7 Not Preempted By Federal Law
By: Timothy Wombles In a recent case, Charles v. Southern Baptist Hospital of Florida, Inc., the Florida Supreme Court held that hospital and physician incident reports required by Florida law are not protected from discovery by the Federal Patient Safety … Continue reading
Posted in Regulatory, Timothy Wombles
Tagged Amendment 7, Broad and Cassel, Broad and Cassel Health Law Practice Group, Charles v. Southern Baptist Hospital of Florida, Federal Patient Safety and Quality Improvement Act, Florida health care, Florida hospitals, Florida Supreme Court, health care, health law, patient safety work product, PSQIA, PSWP
Adjusting Group Practice Compensation in a World Turning Value-Based (Part I of II)
By: Mike Segal Payors are beginning to take steps to transform from reimbursement based on medical services rendered, or “fee for service” medicine, to payment for attaining quality measures without regard to volume, which is often called “value based” … Continue reading
2017 Legislative Session Preview
By: McKenzie A. Livingston The first two months of 2017 have seen quite a bit of activity in health law in Florida. In February, the Eleventh U.S. Circuit Court of Appeals struck down a Florida law, known as the Gun … Continue reading
A Roadmap to Licensure Investigations
By: Vanessa Reynolds For healthcare practitioners, few events are as anxiety-provoking as a professional licensure complaint and investigation. Even if a complaint is ultimately determined to be unfounded, responding is time-consuming and can be disruptive to a practice. The Florida … Continue reading
Posted in Compliance, Regulatory, Vanessa Reynolds
Tagged ALJ, Broad and Cassel, Broad and Cassel Health Law Practice Group, complaint, Florida, Florida Department of Health, Florida health care, Florida health law, health care, health law, healthcare, licensure, licensure investigations, patient complaint
Pharmacists Need a Role in Medical Marijuana
By: Paul DeMuro, Ph.D., J.D., M.B.A., CPA and Jose Valdes Pharmacists may well be the best equipped to assist in closing the knowledge gap doctors face as states approve medical marijuana laws. Who might better determine how marijuana interacts with … Continue reading
Mount Sinai Affiliated Hospitals to Pay $3 Million Settlement for Delaying Medicaid Overpayments
By: Fred Segal On August 24, 2016, the US Attorney for the Southern District of New York, in conjunction with the US Department of Health and Human Services, Office of the Inspector General (OIG) announced that it settled a whistleblower … Continue reading
Posted in Compliance, Fred Segal, Regulatory
Tagged 60-Day Rule, Broad and Cassel, CMS, compliance, health law, Health Law Practice Group, HHS, Medicaid, New York, Obamacare, OIG, PPACA, regulatory, Whistleblower
Reminder to Health Care Providers: You Have to Disclose to Patients That You Are an Investor in the Entity To Which You Are Referring Them
By: Fred Segal Attorneys may sometimes discover that, unknown to the client, their clients may be engaging in conduct that is violative of the law. Much of the time, the client simply isn’t aware that such law exists. One of … Continue reading
Posted in Care Delivery, Fred Segal, Regulatory
Tagged Broad and Cassel, disclosure, entity, Florida, health care, health law, Health Law Practice Group, healthcare, investment interest, investor, providers, referral
Advising Buyers of Substance Abuse Businesses: Beware!
By: Heather Miller Whether you work in healthcare or are a patient in the community at large, almost everyone who has received medical care has heard of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), one of the … Continue reading
New Overtime Rule Issued
Today, the U.S. Department of Labor issued the final version of its new overtime rule that will take effect Dec. 1, 2016. The rule increases the minimum salary threshold for overtime pay eligibility to $47,476 per year – more than … Continue reading
Posted in Regulatory
Tagged Broad and Cassel, claims, Department of Labor, final rule, Florida, FLSA, investigations, labor and employment, overtime, wage
