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Medical Malpractice Legal Briefs

HOMENews & EventsMedical Malpractice Legal Briefs

Medical Malpractice Legal Briefs

The HHS and Opioid Tapering

The HHS has just released an article on Appropriate Dosage Reduction or Discontinuation of Long-Term Opioid Analgesics. This “advice” is meant for all practitioners involved with the care and treatment for patients on opioids for non-acute situations. They do NOT recommend rapid tapering short of a life-threatening risk. They DO recommend [...]

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PTSD

Yesterday, I attended a most informative lecture on PTSD, Traumatic Brain Injuries and Veterans Mental Health. It was a real eye-opener. All healthcare professionals should be on the look-out for patients with PTSD symptoms, and if necessary, refer to the appropriate healthcare professional for treatment. For more information, go to www.ptsd.va.gov/professional/continuing_ed/index.asp. [...]

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HIPPA for Release of Records?

I have often received this question from health care providers: A patient wants a copy of her records. The provider seems to think that due to HIPAA, he has to have her sign a release or HIPAA form. Not true. A person can request a copy of their own records with [...]

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Risks to the Physician for Unlicensed Staff Providing Home Care

You work for a referral service that provides various types of medical personnel to give at-home care to patients. You become aware that your service is providing personnel without the appropriate license to perform medical treatment on patients. If you do nothing about it, most state boards can and will discipline [...]

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How do other state’s case law malpractice rulings impact New York?

Clients will often inform me of a case from a remote state and think that it is case law in the state they are in. That is not the case! In order for a case to have an impact on the state where the case is located, the case usually has [...]

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Physicians and HIPAA Law

Many physicians and healthcare practitioners, do not understand the HIPAA law. The key is understanding what is PHI or Protected Health Information. PHI is any payment or medical record that makes the person in question identifiable. Any identifying data, name or email address qualifies. Your patient may request a copy of [...]

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What substances are driving NYS opioid epidemic?

We constantly hear about the “Opioid Epidemic”. I decided to take a look at the numbers. In New York, quarterly statistics are required in all sorts of categories of opioid problems. Looking at the dozens of counties around New York, as well as the statewide statistics, over 90% of people that [...]

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Responding to CMS Investigation

Watch out for 3rd party companies that are hired by CMS to investigate Medicare/Medicaid usage by private offices. Usually three investigators ring your bell and walk in unannounced. They attempt to overwhelm and intimidate your office so as to immediately obtain the desired patient charts. They are very aggressive and threatening. [...]

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High Dose Opioids

Whether you are a physician, an NP, PA, an RN, or any other health care provider, if it comes to your attention that a patient is on a high dosage of morphine equivalent units of an opioid, bring it to the attention of the prescribing entity. One of the easiest reminders [...]

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CPT Codes Suggested by Medical Device Salespeople

Beware of sales people attempting to sell you a new and improved machine that will miraculously double your income. Do NOT take as gospel the CPT codes they “suggest” you use. Often, they will show you examples of how well their clients did billing under these codes. YOU are responsible for [...]

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