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Bills Attempting to Reform Medical Malpractice Immunity Fail in Florida Legislature
On April 30, 2021, two legislative bills which would have drastically altered Florida’s Wrongful Death Act (§§ 768.16 – 768.26, Florida Statutes) failed to pass the State Senate. The bills--House Bill 651 and Senate Bill 1112, respectively--were both aimed at...
Data Privacy Bill that Provides for Private Causes of Action Advances in Florida Legislature
A bill to substantially revise Florida’s data privacy laws is advancing through the Florida Legislature. If it becomes law, House Bill 969 would create a new statute that substantially changes Florida’s current data privacy laws, consumer protections, and rights,...
Florida Appellate Court Protects Rehabilitation Program’s Incident Reports as Work Product
Florida’s Third District Court of Appeal has held in Onward Living Recovery Community, LLC v. Mormeneo that a rehabilitation program’s root cause analysis and incident report were protected work product, quashing a trial court order requiring their production. The...
$4.3 Million HIPAA Penalty Vacated by Federal Appellate Court
Holding that the Department of Health and Human Services’s Office for Civil Rights (“OCR”) had imposed an “arbitrary, capricious, and otherwise unlawful” fine, the Fifth Circuit Court of Appeals has vacated a $4.3 million penalty imposed in 2017 on MD Anderson Cancer...
Court Holds that Defendant’s Testimony that its Goal Is to Promote Safety is Not Enough to Avoid Summary Judgment
Florida’s Third District Court of Appeal has denied an attempt to expand a security company’s liability despite its contract’s express limitations, affirming a summary judgment in based on events that occurred in the lobby of a Coral Gables hospital. The decision,...
Georgia Clinic to pay $1.5 Million Settlement and Implement a Corrective Action Plan due to Systemic Noncompliance with HIPAA
An orthopedic services clinic in Georgia, Athens Orthopedic Clinic, recently entered into a Resolution Agreement with the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services as a settlement after numerous systemic violations of the Health...
Facts About Federal Grand Jury Subpoenas
Federal Grand Jury Subpoenas Receiving a federal grand jury subpoena is a disquieting moment. You must treat it with the utmost seriousness. There are two reasons you may be served: You are the focus of an investigation and potentially face criminal charges at the...
Telemedicine in Florida
Multiple, rapid changes to the regulation of telemedicine services have made telehealth a grey area for many Florida-based practitioners and out-of-state providers. Many healthcare providers are struggling to adapt to telehealth services. Although telemedicine is...
What You Need to Know About the Certificate of Need Law in Florida
The Certificate of Need program is a regulatory process that requires certain health care providers to obtain state approval before offering certain new or expanded services. It is also considered a powerful tool in reducing health care fraud. Compared to other states...
Non-Compete Opinion in 21st Century Oncology Inc. vs. Ashley Moody (House Bill 843)
Judge Upholds Florida State Statute Voiding Specific Employee Non-Compete Agreements When five out of nine oncologists employed by 21st Century Oncology Inc. left the company to start their own practices, the company cited a violation of the non-compete clause of...
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