| About the Journal | | Florida Health Law JournalHealth Law Section of the Florida Bar
a publication of the Health Law Section of The Florida Bar in cooperation with The Florida State University College of Law
Board of Editors
Volume I, Number 1
Winter 2009
James M. Barclay
Founding Editor-in-Chief
Barbara del Castillo
Founding Executive Editor
Article editors
James M. Barclay
Walter Carfora
Barbara del Castillo
Charmaine Chiu
Jeanne Helton
Richard Jacobs
Article authors
Robert S. Cohen
Grant P. Dearborn
Richard O. Jacobs
Bruce D. Lamb
Jay Wolfson and Nir Menachemi
Health Law Section Program Administrator
Ashlea Wiley
Health Law Section Executive Council Officers
Troy A. Kishbaugh, Chair
Jeanne E. Helton, Past Chair
Lester J....Read More >> |
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| | | Preface | | PrefaceBarbara Del Castillo
by Barbara Del Castillo*
As its founding Executive Editor, I have the distinct pleasure of introducing this inaugural issue of FLORIDA HEALTH LAW JOURNAL. FLORIDA HEALTH LAW JOURNAL is designed to be “The health law journal for Florida lawyers” and will be published twice a year by the Health Law Section of The Florida Bar, in cooperation with The Florida State University College of Law. The Journal welcomes submissions for publication based upon high-quality legal research, critical thinking and practical experience, in the areas of physician practice and regulation; Medicare and Medicaid compliance; managed care contracting; self-referral, anti-kickback and fraud and abuse; corporate compliance; health care licensing and facilities operations; bioethics;...Read More >> |
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| Introduction | | IntroductionJames M. Barclay
by James M. Barclay
The Health Law Section of The Florida Bar is a national leader in creating innovative programs for its members. From its inception, the Section has excelled in making high-quality educational programs available to its members, and the public, through live programs.
The natural progression of the Section’s early efforts led to robust live and recorded continuing legal educational programs, the development of current Health Law Handbooks, periodic Newsletters, certification of qualified healthcare lawyers and development of a vibrant website.
FLORIDA HEALTH LAW JOURNAL was inevitable. From dedicated Health Law Section leadership inspired by those who formed and nurtured the Section, including the then-novel certification
of recognized...Read More >> |
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| | | Foreward | | ForewordTroy Kisbaugh
by Troy Kisbaugh
This inaugural edition of FLORIDA HEALTH LAW JOURNAL, aptly subtitled as “The healthcare law JOURNAL for Florida lawyers,” certainly presents a variety of timely and highly relevant articles by seasoned Florida health lawyers.
Chief Administrative Law Judge Robert Cohen traces the evolution of healthcare facility regulation in Florida from pre-Administrative Procedure Act decisions made by the Department of Health and Rehabilitative Services to today’s environment in which administrative law judges of the Division of Administrative Hearings make findings of fact and submit recommended orders to the Agency for Health Care Administration for disposition.
Grant Dearborn, formerly Chief Facilities Counsel for the Agency for Health Care Administration, describes...Read More >> |
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| Health Law at the Division of Administrative HearingsRobert S. Cohen
The Division of Administrative Hearings (“DOAH”) has evolved from one hearing officer in 1974 to a panel of administrative law judges (“ALJ’s”) handling every type of case from disability claims, child support enforcement, and environmental permitting, to health care certificates of need, physician and other health care professional licensure, and Medicaid audit cases. This article will focus on the evolution of health care practice at DOAH over the past thirty-five years, as well as a look into what the future may bring.
Early Days of DOAH
In the early days of DOAH, agencies were skeptical of a hearing officer’s ability...Read More >> |
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| | | State Healthcare Facility Anti-Fraud Licensure LawsGrant Patrick Dearborn
When one speaks of anti-fraud laws or kickback prohibitions, we often only think of the prohibitions in federal law. Nevertheless, the Florida statutes and administrative code contain numerous anti-fraud provisions and kickback prohibitions. For the healthcare industry, these prohibitions affect hospitals, physicians, pharmacies, nursing homes, home health agencies and generically most providers of healthcare items or services.1 This article will focus on the provisions relating to home health agencies, hospitals, nursing homes, assisted living facilities, laboratories and health care clinics.
Home Health Agency Law Amendments of 2008
When HB 7083 was enacted into law, a wide variety of significant...Read More >> |
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| Professional Limited Liability Company: The Entity of ChoiceRichard O. Jacobs, Esq., and Michael Igel, Esq.
Frequently-Overlooked Issues when Organizing Medical Practice Entities
Forming a corporation or limited liability company today is a snap. Anyone can do it on the web. When it comes to entity agreements, from resolutions to operating agreements, a form is but a click away.
The simplicity, however, does not remove the need for careful thought and preparation. There are a bevy of legal requirements that can trap the unwary. The purpose of this discussion is to point out professional entity formation issues that can be significant, but easily overlooked, and to offer permissible entity creation approaches worthy of consideration.
Summary
Physicians in group...Read More >> |
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| | | Professional Regulation and Declaratory Statement ProcBruce D. Lamb, Esq.
Introduction
Regulating the provision of health care services in the State of Florida is divided among several agencies including the Department of Health and the Agency for Health Care Administration. The Department of Health is responsible for licensure, investigations and prosecutions of health care practitioners. Within the Department of Health there are multiple regulatory boards such as the Board of Medicine. The Department of Health provides investigative and prosecutorial services. The boards serve in a quasi-judicial role in disciplinary cases. The Agency for Health Care Administration is responsible for licensure, investigations and prosecutions of licensed facilities. This article addresses the regulatory...Read More >> |
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| Just Dating or Soul Mates?Jay Wolfson, PhD, JD and Nir Menachemi, PhD
Patient Safety Meets Fraud and Abuse
Introduction
A focus on patient safety and a reduction in fraud/abuse have each separately emerged politically, legally and clinically. In this article, we summarize the growing connection between patient safety and fraud and abuse and suggest that these two public policy imperatives can work together to improve health and medical care. Reducing errors in medical care (e.g., improving patient safety) should be a goal of both plaintiff and defense attorneys, insurers, health care providers, patients, patient rights groups, and government regulators. State/federal reporting systems create bureaucratic processes rather than useful information about how errors can be...Read More >> |
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