What are the Legal Protections for an Employee Seeking Addiction Treatment?

by admin on June 10, 2019 No comments

employee seeking addiction treatmentBy: Jackie Bain

Employers are approaching us in increasing numbers regarding their obligations toward employees battling substance abuse. Two federal laws primarily govern the space, the Americans with Disabilities Act and the Family and Medical Leave Act. Note that state laws may be more restrictive, so we encourage our clients to reach out to local attorneys to determine if additional legal protections are available to employees in their state.

The Americans with Disabilities Act (ADA) covers businesses with 15 or more employees to protects workers from discrimination based on a qualifying disability or a perceived disability, which is defined to include alcoholism and illegal drug use. However, to be eligible, the ADA protects only workers who either (i) have successfully been rehabilitated and are no longer using illegal drugs or misusing alcohol; or (ii) are currently participating in a rehabilitation program and are no longer using illegal drugs or misusing alcohol. Importantly, the ADA does not protect any employee who is presently battling alcoholism and illegal drug use and is not participating in a treatment program. An employee in the throes of substance abuse who is not actively seeking treatment is not protected by the ADA.

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The State Hemp Plan – SB 1020

by admin on June 10, 2019 No comments

state hemp plan florida programBy: Susan St. John

As you may have heard, the State Hemp Plan, SB 1020, has passed the Florida House and Senate and is waiting for Governor DeSantis’ action (approval or veto) or inaction (no veto). The Governor’s approval or failure to veto SB 1020 means SB 1020 will become law. So what does this mean for Florida?

SB 1020 is meant to bring Florida’s laws regarding the cultivation and processing of hemp in line with the Federal Farm Bill of 2018 which removed hemp from the DEA’s list of controlled substances and legalized the industrial use of hemp. Currently, hemp is listed as a controlled substance under Florida law. SB 1020 will change that and allow cultivation of hemp and distribution and retail sale of hemp extract.

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Healthcare REIT Laws – What You Need to Know

by admin on June 7, 2019 No comments

By: Amanda Bhikhari

There has been much talk about the future of health care real estate investment trusts (REIT) and the evolution of the real estate market, as well as the way patient care is being provided in today’s world. With greater demand for outpatient and ambulatory surgical centers, the healthcare REIT market is forecasted to be a bullish market. Additional reasons for positive forecasts include an aging population with greater demand, a track record of high performance, and cost of equity capital. Investing in income-generating real estate can be a great way to increase net worth. For many, investing in real estate, particularly commercial real estate, seems to be out of reach financially. However, with the right partnerships and guidance, it is possible. REITs (pronounced “reets”) allow mall investors today to pool their resources with other small investors in order to invest in large-scale commercial real estate as a group.

So, what exactly is a REIT?

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Stem Cell Litigation Update: FDA Granted an Injunction

by admin on June 7, 2019 No comments

stem cell litigationBy: Matt Fischer

In a decision expected to cause waves through the rapidly-expanding regenerative medicine industry, a U.S. District Court Judge ruled on June 3rd that the U.S. Food and Drug Administration (FDA) is entitled to an injunction in a lawsuit filed against U.S. Stem Cell Clinic, LLC (US Stem Cell) based in Sunrise, Florida.  In her decision, U.S. District Court Judge Ursula Ungaro agreed that the FDA has the authority to regulate the popular stem cell procedure known as stromal vascular fraction (SVF) – administering processed stem cells derived from adipose tissue (i.e. fat tissue) – and that US Stem Cell is not exempt from regulation.

To recap, in May 2018, the U.S. Department of Justice (DOJ) filed complaints against US Stem Cell and a California stem cell clinic seeking permanent injunctions to prevent the marketing and administration of the SVF procedures without FDA approval.  Prior to the filing of these actions, both companies received warning letters from the FDA.  The letters also addressed the results of inspections and the need to resolve significant deviations from manufacturing practice requirements. 

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Competitive Bid Checklist for DME Providers

by admin on June 6, 2019 No comments

By: Michael Silverman

Come January 2021, if a DME provider has not been awarded a CMS contract to supply a competitively bid item to a Medicare beneficiary that resides in a competitive bid area it will be unable to do so.

Suppliers looking to participate in the latest rendition of CMS’ Competitive Bidding Program need to act now to try and secure a bid.

Otherwise, once implemented, only DME providers that have won a bid for that specific item in that geographical bid area can service Medicare beneficiaries residing therein.

Here’s a ‘to-do’ list for providers looking to participate with a competitive bid, and the latest timeline updates from CMS.

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Legal Expertise with the best Medicare Fraud Attorney Florida

by admin on May 23, 2019 1 comment

Expert Florida medical attorneys can safeguard consumers’ interests against any medical malpractice or any other form of frauds committed by a healthcare specialist. However, like any other law, even this is often misused owing to false claims. Hence, it is prudent for a medical practitioner to avail the help of a lawyer who can advise and guide you against such frauds.

Florida medical attorneys

Florida Healthcare Law Firm is a reputed healthcare law firm that specializes in Florida Medicare fraud cases, amongst other healthcare guidance. With a team of competent medical attorneys, comprising over 150 years of combined experience under our belt, we pride ourselves in being transparent and being utterly dedicated to the needs of the client.

The team focuses on all kinds of healthcare law and guides the clients into following commendable healthcare practice. It also provides legal assistance in Florida medicare appeal in case of any legal dispute between the establishment and the patients. The team of expert medicare fraud attorneys of our firm are always up-to-date with the complex and ever-evolving fraud laws and how they can be abused via false claims.

To safeguard the client against any medicare fraud, our firm conducts regular Internal Investigations and encourages Self-Disclosures. It reviews Financial Relationships with Physicians and rules on compensation arrangements made to consumers and patients of any kind. The able attorneys are well-read on the complex business structures of healthcare organizations and are capable of providing legal advice on the same.

Connect with the most experienced healthcare lawyers, today!

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Hire the best Intellectual Property Attorney Florida

by admin on May 23, 2019 No comments

In layman terms, Intellectual Property law Florida is a set of rules that protects creative or artistic works, inventions, designs and so on. These laws are in existence to safeguard interests of inventors of intangible properties. The intangible properties are formally known as “Intellectual Property” and include anything from copyrights to trademarks to patents.

While there is a general consensus between the rules guarding Intellectual property, the exact details from country to country, or in other cases, state to state might vary. Hence, it is always advisable to consult legal personnel who have extensive experience in the area before filing for a patent or trademark.

intellectual property law Florida

Florida Healthcare Law Firm has a team of competent lawyers with 150 years of combined experience under their belt, many of them specializing in intellectual property law Florida. These experts work with utmost transparency and are also completely dedicated to their clients. Our team of experts provide legal guidance on intellectual property law related to the healthcare industry that include patents, copyrights and trademarks of different healthcare services and equipment. Understanding the legalities involved in any of these processes is imperative to conduct a business without any legal hassles. Protecting your intellectual property is the first step to conducting an ethical and sound business or service.

Apart from these, there are other types of Intellectual Properties as well that are protected by our intellectual property attorney Florida. Intellectual Properties of these kinds often give rise to conflicts among individuals and organizations due to their considerable value. Choose the best to protect your Intellectual Property, today!

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Selling a Healthcare Business

by admin on May 23, 2019 No comments

Selling a healthcare business comes with its own set of complex problems that the sellers must face, be it in the public sector or private. Healthcare is such a business sector where demand will always be high. So, rest assured, there will never be a scarcity of good buyers.

selling a healthcare business

Owing to the challenges that one might face, it is always advisable to hire a competent legal team who can provide legal guidance before selling a healthcare business. The said legal team can also advise you on how to attract interested parties. Besides providing technical information, they also advise you to enlighten the buyers on the daily challenges and how to overcome them to get a better idea of the business. The buyers also need to be intimated of the operational costs for maintenance as well as labor expenses.

While the interested buyer needs to be informed of certain information, so does the seller. Transferring your estate attracts estate tax or a transfer tax. Planning how to minimize estate tax is extremely important. This is where a legal team can come to your aid. Florida Healthcare Law Firm is one of the most reputed law firms in the area that specializes in providing legal advice to hospitals, nursing homes and more. Our competent team of lawyers can advise you on efficient Florida estate tax planning to reduce expenses and strategize the sale of a healthcare business.

Florida Healthcare Law Firm always assures a smooth transfer process and guarantees you the best way of selling a healthcare business, seamlessly.

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Connect with the best Litigation Lawyer in Florida

by admin on May 23, 2019 No comments

There was a time when telehealth investigation rights could be reinstated if the consumers simply filed an appeal to any consumer appeal forum. However, with the oncoming of the nuanced digital technology and the internet, the consumer is far more at risk of getting scammed by false claims.

telehealth investigation

It is the job of a litigation lawyer to protect the rights of the client. However, with the sheer number of choices present before the consumer, the search becomes extremely tiresome. Most experts suggest that consumers do a thorough research of the options available and make an informed decision. Florida Healthcare Law Firm arguably provides the best litigation lawyer in Florida that primarily focuses on medical litigations.

Our law firm primarily represents physicians, medical practitioners, pharmacies, dental practices, laboratories, surgery & imaging centers, DME, substance abuse treatment centers, home-health agencies to name a few. With a team of top-ranking litigation lawyers, our law firm prides itself in being transparent with its clients and holds its integrity.

Florida Healthcare Law Firm also represents clients providing telemedicine services and prepares them for any telehealth investigation. This is especially suited to the present-day needs when a significant number of healthcare practitioners operate over the internet. It is always important to have a good lawyer by your side for legal guidance as well for representation, in case of any unforeseen litigation.

When it comes to corporate representation, it is important to choose someone who has experience. Connect with Florida healthcare law firm for more information, today!

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CMS’s Targeted Probe and Educate (TPE) Program: Top 5 Things to Know

by admin on May 7, 2019 No comments

Targeted Probe and EducateBy: Matt Fischer

In 2014, the Centers for Medicare and Medicaid Services (CMS) started a program that combined the process of reviewing a sample of claims with providing follow up education as a way to help reduce errors in the claim submission process.  This is called the Targeted Probe and Educate Program (TPE).  The goal of the program is to help providers and suppliers identify errors made and quickly make improvements.  CMS has acknowledged that since its inception the program needs improvements and that this type of review can be burdensome.  Most providers and suppliers never experience a TPE review; however, for the ones that receive notification, here are the top five things you should know before moving forward:

  • Who is selected?
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