Tag Archives: Florida

Florida’s New Medical Marijuana Law: What Physicians and Entrepreneurs Need to Know

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The Legislation implementing the medical marijuana amendment Florida voters approved last fall is on its way to the Governor.  On June 9, 2017,  during a special session, the Florida Legislature passed SB 8A and SB 6A, implementing Article X, section 29 of the Florida Constitution.  Florida Governor Rick Scott is expected to sign both bills … Continue reading this entry

Florida’s New Medical Marijuana Law and Telemedicine Exams

Following a special session, the Florida Legislature on June 9, 2017 passed two important bills regarding medical marijuana in the Sunshine State: SB 8A and SB 6A. Together, these bills implement Article X, section 29 of the Florida Constitution, which was added after voters approved Amendment 2, expanding the medical use of marijuana for qualifying … Continue reading this entry

Florida Board of Medicine to Hold Another Hearing on Telemedicine and Medical Marijuana Rules

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On August 4, 2017, the Florida Board of Medicine will hold a third public hearing to discuss its proposed amendment to Florida’s telemedicine practice rules regarding medical marijuana. The Board held two prior public hearings, after which it delayed implementation of the rule for further consideration.… Continue reading this entry

Key Takeaways From FHA’s Health Law Summit

Foley recently co-hosted the Florida Hospital Association’s (FHA) 2017 Health Law Summit, which brought together more than 40 in-house attorneys and compliance officers from FHA member hospitals to discuss the current state and future direction of the health care industry.… Continue reading this entry

Florida Board of Medicine Hearing on Telemedicine and Medical Marijuana

The Florida Board of Medicine will hold a public hearing on February 3, 2017 to discuss its proposed amendment to Florida’s telemedicine practice rules.  The proposed amendment, published December 8, 2016, is intended to clarify that physicians may not order medical cannabis or low-THC cannabis via telemedicine.… Continue reading this entry

Medical marijuana might be legal, but you won't get a prescription this way

Below is an article that originally appeared in the South Florida Business Journal, featuring Foley Partner, Nate Lacktman. The Florida Board of Medicine proposed on Dec. 8 a regulation that will, at least for the foreseeable future, divert the paths of two industries emerging into Florida’s business mainstream: medical marijuana and telemedicine. It’s been proposed … Continue reading this entry

Florida: No Telemedicine Exams for Medical Marijuana

The Florida Board of Medicine issued a proposed amendment, on December 8, 2016, to its telemedicine regulations to clarify that physicians may not order medical cannabis or low-THC cannabis via telemedicine. The Board’s current telemedicine rules were originally issued in the Spring of 2014. The amendment would add a new Section (5) to the Standards for Telemedicine … Continue reading this entry

New Federal Telemedicine Grants Announced; Florida Not Listed

The U.S. Department of Agriculture just announced new grant funding awarded to seven telemedicine and 11 distance learning projects across 16 states to use technology to expand access to health care, substance misuse treatment, and advanced health education opportunities. The USDA’s Distance Learning and Telemedicine (DLT) program awarded more than $4.7 million this year, adding … Continue reading this entry

Florida’s Telehealth Advisory Council Appointed

Florida’s Agency for Health Care Administration (AHCA) announced, on July 27, 2016, the appointments of 13 representatives to the newly-created Florida Telehealth Advisory Council. The Telehealth Council was created through HB 7087, signed into law by Governor Rick Scott in March, largely as a fact-gathering step as the Legislature continues to consider a telehealth commercial … Continue reading this entry

Florida Passes New Telehealth Bill: Focus is Reimbursement

After several hard-fought years of unsuccessful attempts, the Florida Legislature on Friday passed a new bill designed to set the stage for telehealth commercial insurance coverage in the Sunshine State. This is a great step forward for providers of telehealth services, as the bill will result in a formal report to the Governor and Legislature … Continue reading this entry

Florida Expands Telemedicine Controlled Substance Prescribing

The Florida Board of Medicine recently met and voted to uphold a rule allowing controlled substances to be prescribed via telemedicine for the treatment of psychiatric disorders. This change has enormous potential to benefit patients in the Sunshine State, promoting access to mental health services and receiving the full scope of psychiatric treatment. Providers of … Continue reading this entry

Florida Proposes Telemedicine Medicaid Rules

Florida’s Agency for Health Care Administration published proposed regulations regarding telemedicine-based services in the Medicaid program. The Agency is soliciting comments through November 23 and will host a public rule development workshop on November 20 in Tallahassee. Procedurally, the rules are intended to formalize telemedicine-related provisions to apply across specialty service areas as the Agency … Continue reading this entry

Florida, No Grants for You!

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In November 2014, the federal government’s Distance Learning and Telemedicine (DLT) program awarded over $10 million in grants to support telemedicine and rural health research. The list of 65 DLT grant recipients included universities, hospitals, clinics and schools across the country. But zero dollars were awarded to Florida.  Agriculture Secretary Tom Vilsack, who oversaw the … Continue reading this entry

Eighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

CMS Releases Medicare Part B Supplier Billing and Payment Data
In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos v. Stryker Corp. et al., 8th Cir., No. 13-2509, 8/7/14. The … Continue reading this entry

Florida Board of Medicine Issues Telemedicine Regulations

The Florida Board of Medicine enacted new regulations governing the Standards for Telemedicine Practice. The regulations are identical for allopaths (64B8-9.0141) and osteopaths (64B15-14.0081). The new regulations went into effect March 12, 2014 and offer some additional guidance on telemedicine practice in Florida, although they are not as comprehensive as some providers may have wished. … Continue reading this entry

Florida's False Claims Act - Did You Know It Changed Last Year?

In June 2013, Florida’s legislature significantly amended Florida’s False Claims Act, Fla. Stat. §§ 68.081-68.092 (“FFCA”), effective July 1, 2013. Although these amendments have not received much publicity or commentary, they considerably expanded the FFCA’s scope, among other important changes. Persons potentially subject to the FFCA, including those who seek and receive payments from the … Continue reading this entry