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Archive for the ‘Medicaid’ Category

DBR: Legal Aid Groups Bring Class Action Against Florida Agencies Over Medicaid Terminations

Hear from our firm founder Howard Talenfeld in this article from the Daily Business Review regarding a new proposed class action lawsuit in Florida. While Talenfeld is not involved in the class action, he comments on his experience with Florida’s welfare and disability programs.

Click here to read more from the Daily Business Review.

Medicaid Reform Would Limit Families of Child Abuse, Injury, Death Right to Sue

A Medicaid-reform effort has lawmakers seeking to limit the rights of poor people to sue doctors, hospitals and child-welfare companies. “In the midst of expanding HMO-style management in Medicaid, the Legislature is passing a raft of proposals that limit the liability of Medicaid doctors, hospitals, nursing homes and private community-based care companies,” writes the Miami Herald.

Backers of the legislation include doctors and hospitals, the paper writes. Because they’re working for the state (which itself is shielded from lawsuits and some damage awards), the Medicaid providers and child-welfare companies should receive the same protections.

Opponents of the proposed legislation, including Democrats, child advocates and trial attorneys, claim such legislation will hold no one accountable in such cases like Nubia and Victor Barahona. The two Miami children allegedly were abused by their adoptive parents. Such legislation also would help the insurance industry, the paper wrote. Read the entire story here.

Medicaid Cuts Miami Psychiatrist Who Prescribed Psychotropic Drugs to Autistic Boy

The closely watched story of Denis Maltez, the 12-year-old Autistic boy who the Miami-Dade County Medical Examiner said died of “serotonin syndrome” after being prescribed several psychotropic drugs, took a new turn this week as the prescribing psychiatrist was dropped from Medicaid’s rolls as a medical provider serving the state’s insurance program for disabled and needy children.

More importantly, the Agency for Health Care Administration needs to monitor all physicians who blatantly ignore their “red flag” warning letters, said Howard Talenfeld, attorney for the boy’s mother, Martha Quesada.

“Unfortunately, Florida has no procedure to protect the patients of physicians who write behavioral healthcare prescriptions that exceed thresholds and who ignore the letters from the University of South Florida Medicaid Drug Therapy Program,” Talenfeld told the Miami Herald.

“Nor does the state tell the parents or guardians of mentally disabled persons or foster children that these drugs prescriptions may be dangerous or monitor whether or not the physicians obtained informed consent from them.”

Read the entire Miami Herald story here.