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Navigating New Pain Medicine and Prescription Drug Laws in the Sunshine State

ARLINGTON, Va., March 19, 2012 /PRNewswire-USNewswire/ -- New pain medicine and prescription laws in Florida, along with the state's Patient Self-Referral Act, can lead to steep penalties and costly mistakes for the unwary. Healthcare lawyers and advisors with clients in Florida need a clear understanding of the new legislation, including its reporting requirements for a statewide prescription drug monitoring database; penalties for doctors who overprescribe painkillers; requirements for pain clinics to register with the state; and the obligation for pharmacies, drug wholesalers, and pharmacists to report questionable purchases.


Join us on March 20 at 1 p.m. ET for a 90-minute Bloomberg BNA webinar, Avoiding Medical Practice Disaster: Pain Medication, Prescription and Other Commonly Misunderstood Laws. Healthcare attorneys Lester Perling and Alan Gassman will discuss the nuances of the new laws and offer tactics for practitioners who must advise clients on how to maintain compliance.

Because Florida has different and often stricter civil and criminal rules than those mandated by the federal government, and because of the Florida Attorney General's active enforcement of the state's tougher rules, this webinar is critical for professionals with Florida clients – businesses which may be in compliance with federal self-referral, billing, patient privacy, anti-kickback, non-physician-owned practice, advertising, and other regulations – but who could unwittingly face liability in Florida.

The speakers will provide extensive materials which help to simplify an otherwise extremely complex and confusing labyrinth of rules and regulations. Aimed at healthcare lawyers and advisors who represent corporate or individual medical practices, the presentation will examine the many potentially costly pitfalls and provide sound advice on how to avoid them.

Register now for this program and learn:

  • Why every doctor in Florida who prescribes medication for chronic non-malignant pain should have registered with the Department of Health by December 31, 2011 and what to do if that did not occur.
  • How to determine whether a medical practice is defined as a "pain clinic," and new operational and regulatory requirements for such practices.
  • Requirements for participation in the new Department of Health Web Portal, to report all covered controlled substance prescriptions, and why non-prescribing providers should also join the Portal program.
  • How Florida's Patient Self-Referral Act is similar but dangerously different from the Stark Law, and how to avoid criminal penalties and loss-of-billing-ability sanctions that can be applied even if a practice is in compliance with the Stark Law.
  • Situations where the Florida Patient Self-Referral Act permits conduct for non-Medicare/non-Medicaid activities that would not otherwise be permitted under the Stark Law.
  • How Florida's non-competition rules impact physicians and physician practices.

What's more, Bloomberg BNA's Legal & Business webinars are CLE-credit eligible for paying registrants, making it easy to stay compliant with your continuing education requirements.

About the Speakers

Alan S. Gassman
Alan S. Gassman, J.D., LL.M., practices law in Clearwater, Florida and has spoken and published extensively on physician and medical practice structure and planning. He is a commentator for the Leimberg Information Services and co-chairs the annual Florida Bar Continuing Education Conferences on Representing the Physician and Wealth Conservation. He has published numerous articles in Bloomberg BNA services and other leading publications, and has been quoted by The Wall Street Journal, Forbes Magazine, Medical Economics, Modern Healthcare, and FloridaTrend magazine.

Lester J. Perling
Lester J. Perling, J.D., is a Partner with Broad and Cassel and a member of its Health Law and White Collar Civil and Criminal Fraud Defense Practice Groups. He is board-certified in health law, with extensive experience as a hospital executive. His practice is concentrated in fraud and abuse counseling and defense, third party disbursement, and related matters. Mr. Perling is a national lecturer and author and is consistently recognized as a leader in the legal profession by numerous national organizations. Mr. Perling is the Immediate Past Chair of the Florida Bar Health Law Section and past chair of the Bar's Health Law Certification Committee.

About Bloomberg BNA Legal & Business Webinars

Bloomberg BNA's Legal & Business Webinars are designed for today's busy professionals. In just 90 minutes, you have access to in-depth coverage of an ever-changing array of current topics, including the latest trends and developments, new and revised laws and regulations, and legal principles and precedents. Get expert insights into compliance requirements, as well as authoritative and practical guidance on the issues that matter most to you and your clients.

With our webinar topics covering the broad spectrum of legal practice areas and corporate issues, from Intellectual Property to Privacy to Pensions & Benefits, Bloomberg BNA brings you quality content on today's hottest topics.

About Bloomberg BNA

Bloomberg BNA, a wholly-owned subsidiary of Bloomberg is a leading source of legal, regulatory, and business information for professionals. Its network of more than 2,500 reporters, correspondents, and leading practitioners delivers expert analysis, news, practice tools, and guidance - the information that matters most to professionals. Bloomberg BNA's authoritative coverage spans the full range of legal practice areas, including tax & accounting, labor & employment, intellectual property, banking & securities, employee benefits, health care, privacy & data security, human resources, and environment, health & safety.

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