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Browse our latest videos, news, and blog articles.

What to do if I Received an AHCA Administrative Complaint or Notice of Intent?

Why did I receive this Administrative Complaint or Notice of Intent? If you have received an Administrative Complaint from the Agency for Health Care Administration (“AHCA”) it means that they are alleging that your healthcare facility (i.e. Nursing Home, Assisted Living Facilities, Skilled Nursing Facilities, or Home Health Agency) has violated one or more sections of the Florida Statutes, the Florida Administrative Code, or both. AHCA will then make the argument that because you have violated these laws that your facility’s license should be revoked or suspended and you may be required to pay an administrative fine. Typically, you have 21...

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Mr. Jones Attends Health Law Executive Council Meeting in Cocoa Beach

On September 13, 2018, Jamaal R. Jones attended the Florida Bar Health Law Section's Executive Council Meeting in his capacity as Executive Council member and Chair of the Communications and Technology Committee. Many things were discussed during the meeting including updates the Health Law Section's website, updates to the Health Law Section's Bylaws, legislative updates, student stipends, and more. The meeting was held at the Hilton Cocoa Beach.  ...

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Can a Registered Nurse Administer Botox?

Those who run med spas, dental or dermatology practices are concerned about whether a registered nurse on staff can administer Botox without their direct supervision. Allowing them to do so would free up the physician’s schedule so that he can perform other procedures that his personnel is not permitted to do. According to the Florida Board of Medicine, there are no laws and rules that address who can and cannot administer Botox injections in the state of Florida. However, a 2017 Board of Nursing case[1] involved a Florida licensed Registered Nurse who was alleged to have violated Florida Statutes 456 and/or 464....

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Tips for Buying and Leasing Medical Office Space

When it comes to running a doctor’s office, you can either lease or purchase a commercial property to practice from, but how do you know which option is best for you? Finding the right space for your medical practice can be a tedious, expensive and very stressing. Our job is to help physicians and other healthcare professionals make the right real estate decisions when it comes to commercial space and planning for their practice....

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Failed Pre-Employment Drug Test for Nursing Position

Whether you are still in nursing school, just graduated from nursing school or seeking new employment as a nurse you will likely need take a drug test as part of the pre-employment process. Also, it is not uncommon for nurses and other healthcare providers to submit to random drug testing even after they are employed. Some nurses are taking illicit drugs and it should come as no surprise if they fail their drug test. However, there are individuals who are shocked to find out that they have failed a drug test because they are not knowingly taking any illicit drugs....

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Jamaal Jones is now on the Florida Bar Health Law Section’s Executive Council

Jamaal Jones is now on the Florida Bar Health Law Section's Executive Council! He will serve his term from 2018 - 2021. In addition to serving on the Executive Council, Mr. Jones was also elected to be the Chair of the Communication and Technology Department for the Health Law Section. Mr. Jones is looking forward to bringing about positive chance to the section....

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Can I become a Federally Qualified Health Center?

Federally Qualified Health Centers (“FQHC”) are community-based healthcare providers that receive money for providing primary care services to under-served populations or areas. FQHCs were enacted under Section 1861(aa) of the Social Security Act and was amended by Section 4161 of the Omnibus Budget Reconciliation Act of 1990. FQHCs are required to adhere to certain criteria, including, but not limited to, providing comprehensive healthcare services (either on-site or by arrangement with another provider) on a sliding fee scale based on ability to pay and operating under a governing board that includes patients. These comprehensive services may include: (1) preventive health services; (2)...

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Reinstatement After A Healthcare Entity or Individual is Placed on the OIG and Florida’s Exclusion List

What is the Exclusion List? The Office of Inspector General’s (“OIG”) list of Excluded Individuals and Entities (“LEIE”) provides information to the healthcare industry, patients and the public regarding individuals and entities currently excluded from participation on in Medicare, Medicaid and all other Federal healthcare programs. OIG imposes exclusions under the authority of sections 1128 and 1156 of the Social Security Act. On May 8, 2013, the OIG released a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, which states that no federal healthcare program payment may be made for items or services furnished by...

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The Truth About the Corporate Practice of Medicine, Optometry, and Dentistry in Florida

Many states place restrictions on how medical doctors, optometrists, and dentists may organize themselves and conduct business within the state. Some states place significant restrictions on these healthcare providers while others are more lenient. Several states have enacted laws that prohibit certain healthcare providers from being employed by or controlled by any corporation or business, which is not entirely owned by other physicians. This is referred to as the prohibition of the “corporate practice of medicine.” Florida is unique in many ways, including its approach to regulating how these healthcare providers can organize themselves. Florida does not place the same...

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