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Medical Malpractice Legal Briefs

HOMENews & EventsMedical Malpractice Legal Briefs

Medical Malpractice Legal Briefs

Managing a Healthcare Insurers Audit

A recent report from the Office of Inspector General, when thoroughly evaluated, highlights that you as a healthcare provider, should not accept an audit’s findings at face value. This goes for Medicare, Medicaid and private insurance audits. Hire an experienced health law firm and evaluate what you really should owe, if [...]

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Unlicensed Personnel

All too many practices employ unlicensed physical therapists, nurses, physicians, acupuncturists, nurse practitioners and physicians assistants. It is your responsibility as a licensed physician to check to make sure that any employee that requires an active license to practice, has a legitimate current license in the state in question. To do [...]

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Employment Contracts – Beware of the Internet!

Many of my clients feel the need to save some money by using an employment contract they found on the internet. They are not state specific. The law in New York differs from the law in Pennsylvania. Physician are not trained in contract law. Does the contract state under which state [...]

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Federal Anti-Kickback Act

How many of you work for a medical group as an independent contractor? Now, how many of you also work for a straight percentage of the patients seen? In other words, you are not getting a W-2 at the end of the year. Well, you may very well be in violation [...]

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HIPAA

Having had close relatives recently in hospitals and rehabilitation facilities, I have gotten to observe up close, the handling of protected health information (PHI). Frankly, the medical and ancillary personnel had a rather cavalier attitude in the area of PHI. Discussions using patients’ names went on with no regard for who [...]

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The Danger of Mixing Opioids with Benzodiazepines

For those of my readers that treat pain and various psychiatric conditions, it is important to be aware that the CDC and all state licensing administrative bodies frown upon mixing opioids with benzodiazepines. Both are respiratory depressants. Many prescribers still mix these two medications. Has the patient been using both for [...]

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Risks of Using Uncertified Coders for Billing

I am often asked who should do my billing. All to often, a successful practice’s biller is an uncertified office manager. Perhaps that “biller” took a weekend course on billing. The “biller” often has no clue as to CPT-10 or ICD intricacies. Often I hear that “someone” told her/him, that using [...]

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Updating your physician profile on state websites dealing with licensing

In most states, there is a physician profile on the state website dealing with licensing. You are required to keep it updated and current. I am always amazed how many physicians do not know about it or have not updated it in years. Please keep in mind that various states are [...]

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Answering Administrative Inquiries From Your State Medical Board

What is the worst way in answering an administrative inquiry into your practice? Ignore it. Many physicians do not bother to answer or contact an attorney for a month or more after receiving such a letter. State investigators do not like being ignored; nobody likes being ignored. An investigation starts on [...]

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Negligence and Medical Malpractice

In the medical malpractice arena, physicians and providers often are sued for negligence. Upon investigation, it turns out that the subsequent treater's treatment was negligent or compounded the problem. Yet, that treater is not sued. Are you responsible for the damages done by the subsequent malpractice? The short answer is yes! [...]

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