Did you know that any patient, colleague, pharmacist, or hospital can file a complaint against a physician at any time? No matter what the complaint may be, the state medical board is required to start a preliminary investigation, at the very least.» Read More
Generally, when using or disclosing an individual’s Protected Health Information (“PHI”), HIPAA regulations require the covered entity to obtain an authorization from an individual, including for research purposes. The Office of Civil Rights (“OCR”), the entity that enforces HIPAA compliance, recently issued guidance for situations when an entity obtains an authorization from an individual for use and disclosure of PHI for research, focusing on the following topics:
Sufficient Description – HIPAA regulations require that the authorization, in plain language, provide “a description of each purpose of the requested use or disclosure.
On July 12, 2018, The Centers for Medicare & Medicaid Services (CMS) proposed a major overhaul of the way doctors have billed Medicare for patient visits for two decades. Some of the key provisions in the lengthy proposed rule include:
simplifying the billing process to require less documentation that must be submitted by collapsing four separate levels of documentation requirements into one;
allowing physicians to use their medical decision making or time spent with the patient to designate the level of patient care needed in lieu of using the traditional evaluation and management codes;
paying physicians for certain telemedicine services; and
continuing the site-neutral policy that pays off-campus facilities 40% of the outpatient rates for the services they provide to encourage “fairer competition between hospitals and physician practices by promoting greater payment alignment between outpatient care settings.”
Both New York State and New York City have recently passed laws which require that employers now conduct annual and comprehensive sexual harassment prevention training for its employees. This mandate applies to all physicians and medical practices with any employees.
According to the New York State law, effective October 9, 2018: “Every employer shall utilize the model sexual harassment prevention training program pursuant to this subdivision or establish a training program for employees to prevent sexual harassment that equals or exceeds the minimum standards provided by such model training.» Read More
I recently wrote the article “Artificial Intelligence in Medicine – Legal Concerns” for the Onondaga County Medical Society Bulletin. The article discusses the role Artificial Intelligence (“AI”) plays in modern medicine and the legal concerns associated with it. To read the article, please click here.» Read More
We recently wrote the article “Monitoring the Temperature of Your Vaccines for Children Program Compliance” for MDAdvantage. The article covers the requirements of the New Jersey Vaccines for Children Program; how to properly store vaccines as required by Vaccines for Children Program and the Centers for Disease Control and Prevention; how to properly monitor the minimum and maximum temperatures of vaccine storage units; and how to address a temperature excursion.» Read More
On Friday, June 1, 2018, Governor Murphy signed into law the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act, to take effect Thursday, August 30. The bill is intended to protect patients from surprise out-of-network medical bills.
Click here to read our alert to learn how this new Act will affect patients, insurance carriers, and health care providers.» Read More
The Office of Inspector General (OIG) recently posted a video entitled “Eye on Oversight Video: Corporate Integrity Agreements” that describes how providers accused of false claims or other health care fraud may settle their cases by entering into a Corporate Integrity Agreement (CIA) with the OIG. » Read More
In a recent press release, the United States Attorney’s Office for the Northern District of New York announced that a Poughkeepsie physician and his wife were sentenced for a misdemeanor for ordering and administering to patients, drugs that were not approved by the FDA and were obtained from foreign sources. » Read More