Medical Malpractice Legal Briefs

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Medical Malpractice Legal Briefs

Does the American Disabilities Act apply to your business website?

Does the American Disabilities Act apply to your business website? If you live in California, the answer is a qualified yes. But it varies from state to state and different courts have different opinions on the ADA. The actual ADA and its guidelines never mention website requirements. In fact, most states [...]

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Non-Participating Providers

Too many clients boast that they are non-participating with a particular insurance panel or Medicare, and that they cannot be audited by that entity. But that's not the case! They can and do audit you. As a matter of fact, they will audit “non-pars” more often. Reason being, is because they [...]

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What to Know Before You Sign Your Employee Contract

Most employment contracts will have a separate section that involves a restrictive covenant. As part of this, an employer will specify how many miles within the radius you can or cannot practice, without their written permission. One wrinkle that many practitioners often ignore is that the restrictions might involve many or [...]

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IT Services Tip: What to Consider Before Buying EMR Software

Ideally, your IT professionals should not only maintain/repair your computer and internet connections, but also be active in the purchasing of it. As long as they're not selling it to you, which can be considered a conflict of interest as to what software and hardware best serves your needs. Practice tip: [...]

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MR Leasing Agreements

It's essential that you have your health care lawyer review the terms of your software leasing agreement prior to your signing it. Because often, all your files are stored in proprietary form. If you decide to change your EMR company, or they go out of business, a conversion of your patient [...]

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 Opioid Rx Charting

How to determine when you initiate or continue opioids for patients with chronic pain: What kind of pain is it? Is it a nerve pain, a throbbing pain or a arthritic type of pain? And if it's arthritic; what kind of arthritis? Psoriatic, rheumatoid, gouty, or degenerative? Was it due to [...]

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ADA Amendments Act: Determining What is Considered a Disability

For one to be considered physically or mentally impaired under the ADA, you must be significantly limited to one or more major life activities. Such activities include; walking, seeing, hearing, breathing, learning, or speaking. The inability to participate in other community related activities also applies under the ADA. As of January [...]

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Request a Copy of Your NPDB File

Hospitals, licensing boards, Medicaid fraud units, health plans, professional societies, quali­ty improvement organizations, state and federal law enforcement agen­cies; and yourself as the medical practitioner, can also request a copy of your reported file. It's recommended that you request a copy of your NPDB file every year; and ascertain what is [...]

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Paying another practitioner a percentage of the collected money for patients

I am still astonished with the attitude of so many practitioners, regarding new clients and the collection of copayments. Recently a practitioner blithely told me, he is well aware that paying another practitioner a percentage of the collected money for patients he treats is illegal, and also under the Federal Anti-Kickback [...]

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Paying Employees VS Independent Contractors

Let’s differentiate between an independent contractor and an employee. A regular employee will have their Social Security and Medicare withheld by the employer. While a independent contractor is responsible to do that on their own. Employees can be paid on a percentage basis of money they produce for the practice based [...]

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