Inheritance Law in Florida

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Overall, laws dictating how a decedent’s estate will be dispersed among those who are left behind can get complicated, especially if there is no will in place.

In Florida, the laws are designed to protect and provide for those who are left behind. Many laws even make it easier to access inherited property.

What Is the Florida Homestead Law?

The Florida Homestead law protects homeowners from losing their home, should a creditor gain a judgment. This means that if you are found to owe a creditor money, they may put a garnishment on assets, including your bank account and wages, but they cannot force the sale of your home in order to satisfy the debt.

Should a loved one who owns a home protected under the Florida Homestead Law pass away and leave you that home, their estate will not be held up in probate court.

Probate court only impacts assets that could be potentially seized by creditors when debt is owed by the estate. However, because the home is protected by the Florida Homestead law, it would not be included among those assets, and therefore would not be subject to probate.

What Is Florida Inheritance Law Without a Will?

In Florida, there are laws to protect spouses and children if a person dies without a will. For example, a surviving spouse should inherit the entire estate unless they signed a prenuptial agreement or have a contract that limited their eligibility for the inheritance.

Even if there is a prenuptial or other agreement in place that may be limiting a spouse’s inheritance, there may be laws to protect them or ways to address the issue legally. However, there are a number of strict deadlines in place regarding estates and inheritance.

It is recommended that surviving family members immediately seek legal advice after a loved one passes. If they require legal assistance or would like to make changes, prompt legal advice is important, so they do not inadvertently miss deadlines.

It is important to note that if inheritance details are contested by those who are left behind, Florida state has laws in place to protect spouses and children of decedents and provide for them, even if the decedent acted in such a way as to block them from an inheritance. The goal is to make sure that everyone left behind is cared for and protected. To that end, minimum laws in Florida may be of assistance.

What Is Florida’s Inheritance Tax Law?

There is no inheritance tax law in Florida. A beneficiary of any estate or recipient of inherited property is not required to pay any tax for that inheritance in the state of Florida.

Additionally, no income tax is due on any inherited property or income. However, federal inheritance taxes and/or income tax may be due on any inherited property and income.

If you need assistance managing the estate of a loved one who has passed away with or without a will, contact Florida Healthcare Law Firm for assistance.

What Is the Main Intent of the Stark Laws?

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The Stark Law is easily explained.

Essentially, it is similar to the Anti-Kickback Statutes that protect patients from fraudulent referrals for treatment that is not medically necessary. It also protects federal insurance systems like Medicare from paying out on fraudulent claims and wasting money and resources in the process.

Physicians who make a direct referral to another doctor or provider who is a family member or with whom the physician has a financial relationship will be subject to penalties as a result of the Stark Law.

Stark Law Summary

The Physician Self-Referral Law, also known as the Stark Law, is very similar to the Anti-Kickback Statute, which prohibits any healthcare provider from getting a payment or anything of value in exchange for a referral.

The Stark Law, however, is specific to physicians and stops them from referring patients to other healthcare providers with whom they have a relationship and/or stand to gain financially due to an investment or financial partnership.

For example, if a family doctor is married to a physical therapist, they are not legally able to refer any patients to their spouse’s practice because the doctor would stand to gain financially when the patient’s insurance company made payouts to their spouse.

Similarly, if a doctor is invested in a home care business, that doctor cannot refer a patient to that home care business because he will gain financially.

The implication is that the doctor’s judgment may be clouded due to their financial gain and may either refer a patient without medical necessity or may not send the patient to the best possible provider due to bias.

Differences Between Stark and Anti-Kickback Statute

First, the Stark Law is directed at physicians giving referrals to people or organizations with whom they have a financial interest, while the Anti-Kickback Statute prohibits any healthcare provider or organization from taking a payment or anything of value in exchange for a referral.

Second, there are penalties for violating the Stark Law, but it is not a criminal act to do so. Those who violate the Anti-Kickback Statute, however, will face criminal charges.

Litigation Based on Stark Law Violations

When healthcare providers are sued based on perceived violations of the Stark Law, they are often caught off guard. Many don’t even realize that they are out of compliance with a federal regulation or that they are at risk.

The best way to respond to Stark Law-related litigation is to call the Florida Healthcare Law Firm right away.

The sooner we get involved, the quicker we can advise you on the best path forward. Additionally, we can make sure that your response is succinct and effective, and that you hit all deadlines and court dates, avoiding additional fees and penalties.

Each situation is unique, and at Florida Healthcare Law Firm, we specialize in healthcare legal issues. Not only can we assist with the current legal matter at hand, but we can also help you to develop practices that will protect you from this and other federal compliance regulation violations in the future.

What Is Regulatory Compliance in Healthcare?

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Maintaining compliance is a critical factor for healthcare companies and those who work in the healthcare industry. Many federal laws and statutes not only define what it means to be out of compliance but also what the penalties are for violation of compliance standards.

When regulatory standards are not maintained, healthcare professionals may face legal charges and also be ordered to pay heavy fines and potentially lose their ability to practice their profession in the medical industry.

What Is Healthcare Compliance?

Healthcare compliance in the medical and dental industry is defined by maintaining federal regulations with a focus on high ethical standards in patient care.

On a day-to-day basis, this can look like continually assessing and updating processes in order to prevent fraud, patient abuse, and waste across departments.

Some of the laws that govern healthcare compliance include the following:

  • Anti-Kickback Statute(AKBS): This federal law prevents anyone from giving or receiving anything of value, including money, in exchange for facilitating the sale of healthcare services or treatment, especially when federal healthcare dollars are covering the cost of that treatment. Violations are criminal in nature.
  • Stark Law: Similar to AKBS, the Stark Law forbids doctors from referring patients to other physicians or service providers with whom they have a financial relationship, especially if the services are paid for by Medicare. Penalties are outlined for violations.
  • Emergency Medical Treatment and Labor Act(EMTALA): Specific to hospitals, this law requires that stabilizing treatment be provided to all who enter in need of treatment regardless of their ability to pay for medical services.

There are also laws that pertain to specific jobs and address issues of patient understanding of care and options, ending a medical relationship with a patient, and provision of care.

To ensure that your organization is in full compliance with all federal regulatory laws and standards, it is a good idea to meet with a legal team who is up to date on current regulations.

How to Maintain Regulatory Healthcare Compliance

If you would like to learn more about how to maintain regulatory healthcare compliance or improve compliance standards within the company, contact Florida Healthcare Law Firm today. We can help you ensure the following:

  • Current policies and procedures are up to date
  • Education and training are available to employees to ensure continued compliance
  • Reporting, monitoring, and auditing are consistent and thorough
  • Enforcement measures are in place

Call Florida Healthcare Law Firm today to set up your initial consultation.

Is NSO a Good Malpractice Insurance?

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While no one wants to be in this situation, the right insurance can make all the difference when malpractice complaints are filed.

It is not just doctors who struggle with malpractice claims and the negative impact on their reputation, job status, and bank accounts. Nurses can also get hit with malpractice litigation, and when it happens, the best thing to have in your back pocket is the right malpractice insurance.

NSO is a well-rated insurance option that helps nurses to protect themselves when they need it most.

NSO Malpractice Insurance Benefits

NSO insurance is well respected in the nursing community because it provides comprehensive coverage for nurses dealing with a malpractice claim.

Some benefits include the following:

  • Coverage for a wide range of liability issues: Sexual misconduct, license protection, HIPAA issues, professional liability, personal liability, and more are all included under the policy.
  • Easy process for filing a claim: If you are charged with any malpractice issue, all you have to do to trigger coverage through your NSO malpractice coverage is submit an online contact form or call 1-800-247-1500, between 8 a.m. and 6 p.m. EST.
  • Great customer service and support: Within 48 hours of filing your claim, you will be contacted by a claim consultant who will help you determine your legal options moving forward.
  • Long-lasting coverage and reminders to renew: Your coverage under NSO begins as soon as your application is approved and payment is received, which can take less than 24 hours in some cases. Coverage lasts for a year, and you will receive reminders before it expires, making sure that you are never without malpractice insurance coverage.

    Continuation of coverage is easy. No reapplication is required. You will only need to update the policy if there have been any changes since you signed up.

Do I Need Malpractice Insurance for Nurses if My Employer Has Coverage?

If your employer is sued for malpractice or if you are personally sued by a patient while working for your employer, their malpractice insurance will extend to you. However, it may not be enough to cover the costs of all legal fees, all claims, and all other costs that can arise as a result of the case.

When you have personal nurse liability insurance malpractice insurance, you can make sure that your costs are minimal, and you can more quickly resume work as normal.

Get Support for Nurse Malpractice Claims

If you have NSO malpractice insurance, your legal costs will be considerably less than they would be otherwise, especially if you ultimately need an attorney and end up in court.

At Florida Healthcare Law Firm, we accept NSO malpractice insurance and can help you on your journey through this difficult process. Call now to set up a consultation and connect with the legal team that is dedicated to helping healthcare professionals manage their legal issues quickly and efficiently.