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Nelson Mullins COVID-19 Resources

Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

In addition, click the link below to access extensive resources to address a wide variety of topics resulting from the virus, in general and by industry,  including topics such as essential businesses, force majeure, business interruption insurance, CARES Act and FFCRA, and others. 

Nelson Mullins COVID-19 Resources

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Joseph Stanton and Michelle Tanzer Named Florida Trailblazers by the Daily Business Review

September 8, 2020

Joseph Stanton and Michelle Tanzer Named Florida Trailblazers by the Daily Business Review
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Insights

August 26, 2019

Florida’s New Health Care Bill Creates Uncertainty

By Jamie Gelfman

Daily Business Review

In an article published in the Daily Business Review on Aug. 26, Fort Lauderdale of counsel Jamie Gelfman discusses Florida’s recently enacted House Bill 369, which is aimed at tackling fraud in substance abuse treatment and the unintended consequences for healthcare providers who conduct business in the state.

The bill implements certain requirements with respect to recovery residences, substance use disorder treatment providers, and their personnel. “However, the bill inadvertently created an ambiguity in Florida’s Patient Brokering Act (PBA), a criminal statute that carries significant penalties, including the imposition of criminal fines and civil and administrative actions,” Gelfman explains.

The bill’s revision to the federal Antikickback Statute (AKS) exception has created significant uncertainties for healthcare providers who continue to operate under the assumption that a certain payment practice or arrangement may be compliant under Florida law because it has been structured to fit within an AKS safe harbor. “There is a reasonable argument that conduct fitting within an AKS safe harbor is not akin to conduct being ‘expressly authorized’ by the AKS,” Gelfman states. “As a result, Florida prosecutors now have the potential ability to take advantage of this ambiguity to prosecute conduct under the PBA that may otherwise be permissible under an AKS safe harbor.”

For the full article, subscribers may click here.