Recent News

HOMEMedical Malpractice Legal Briefs

Recent News

OSHA Bloodborne Regulations: Exposure Control Plans

Occupational Safety and Health Administration (OSHA) obtain your cooperation with their bloodborne regulations by requiring you to use an appropriate “Exposure Control Plan”. They are pre-written plans or templates with blank spaces to fill in what is required, and should be unique to the practice setting. In fact, the CDC website [...]

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OSHA and Air Borne Pathogen Standards

In 1991, OSHA first issued it's standards involving blood borne pathogens. Currently, most healthcare providers are exposed to blood on a daily basis. These standards are distinguished from air borne pathogens. And shockingly, as this is being written, OSHA has not drafted any air borne pathogen standards. We have all gotten [...]

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The Thirty Day Letter

Every physician has a small percentage of patients that usually give them a very significant amount of stress and aggravation. In most states, you can jettison all or some of these patients with a “thirty day letter”. To do so, you must send a certified letter that includes a required return [...]

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Are You Updating Your Physician Profile Webpage?

In most states, they have a Physician Profile webpage, and many physicians aren't even aware of this. It is required in most states, for physician's to update their own profile when something changes, such as an office address, hospital affiliation or a malpractice settlement. Be certain to be update your profile [...]

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Former Employees Acting as Whistleblowers

Frequently, whistleblowers are disgruntled former employees, who feel they know detailed information about the “fraudulent” operation where they once worked. When they relate to the government concerning a False Claims Act case, it's not only revenge they seek, but also stand to get paid well for the information exposed! Even though [...]

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Using and Acknowledging Appropriate Treatment and Diagnostic Codes

Even though you may use professional coders, it is up to you, the medical provider of services to fully endorse, that you are using the appropriate treatment and diagnostic codes. Especially on codes you use on a daily basis. Please make sure that your medical record confirms that you are fulfilling [...]

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“It’s Unenforceable”

Most clients believe that since a particular term of a contract is unenforceable, and against their current allowable practice, it doesn't matter. One such example would be if a restrictive covenant prevented a physician from practicing in his or her specialty within an entire state for 5 years. Generally, restrictions that [...]

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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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