Legal

Legal

medical expert witness

Called as a Medical Witness? Ace Depositions, Trials & Hearings

When a medical provider is called to give testimony as an expert witness or a fact-based witness, chances are you don’t have the option of saying no. If you’re presented with a legal request, you should be as prepared as possible, and part of that preparation will involve knowing what to wear, say and do […]
patient abandonment lawsuit

Four Instances When You Should Never Terminate a Patient

Every practice experiences situations from time to time when they must terminate the physician-patient relationship. However, you can’t cut ties with even the most difficult patients until you first evaluate your legal obligations. In some cases, termination of the relationship is not a possibility due to medical credentialing or legal guidelines that require the provider […]
DME and Stark Law

5 Ways Medical Practices Can Spot Risky DME Arrangements

As many medical practices are aware, Durable Medical Equipment (DME) fraud is running rampant, and you could be pulled into a case even if you didn’t knowingly violate the Stark law or Anti-Kickback Statute. Why? Because a DME supplier who violates these laws could present your provider’s DME prescriptions as evidence to shift liability away from […]
Rejecting accommodations

Stop ADA Lawsuit for Rejected Reasonable Accommodations

When one of your employees has a documented disability, your practice is required to make reasonable accommodations under the Americans with Disabilities Act (ADA) so that individual can continue their job. While the process of finding a workable solution typically goes pretty smoothly, there may come a time when an employee rejects an accommodation you’ve […]
CMS vaccine mandate

Court Halts LA Injunction on CMS Vaccine Mandate

Note: The information in this post was accurate as of December 17, 2021. CMS vaccine mandate. The CMS vaccine mandate is back on in 26 states – sort of. On Wednesday, the 5th Circuit Court of Appeals issued a decision partially reversing a nationwide injunction on the rule that required staff of many Medicare- and […]
Drug and alcohol use

Employee Drug & Alcohol Use: Justifying Reasonable Suspicion

Statistics show that employee use of drugs and alcohol is on the rise (regardless of your practice size or location). Once identified, the challenge is knowing when the situation justifies taking action and when it doesn’t. It all comes down to reasonable suspicion. Drug and alcohol use. Drug and alcohol use isn’t often as apparent […]
self-pay patient

Can You Bill a Self-Pay Patient Less than Medicare?

The Answer: Yes, you can charge your self-pay patients less, as long as you don’t break federal Medicare laws when doing it. Knowing how and when to apply a discount and write-off for a self-pay patient is essential to your practice. It can reduce your risk of violating Medicare and other federal laws – including the […]
Doctor patient relationship

When and How to Terminate a Physician-Patient Relationship

Q: We have a challenging patient with a chronic illness that is never satisfied and continues to threaten to sue our practice related to even the simplest mistake. Obviously, this is not a good fit. Can we discharge this patient and terminate our doctor-patient relationship with them? Doctor patient relationship. ~ North Carolina Rheumatology Practice Manager […]
physician patient relationship

End Doctor Patient Relationship Carefully to Stop Costly Lawsuit

While dismissing a problematic patient from your practice is never pleasant, things can turn downright litigious if you fail to exercise caution. If you don’t want to get sued, here are several key items you must consider before terminating a physician patient relationship at your practice. Timing is Everything  Although there are several crucial steps […]
covid vaccine mandate

Reduce Legal Risk of Requiring COVID Vaccine for Practice Staff

Mandating vaccines for your practice may or may not be your choice, but how you transition to this trend is fraught with risk if not managed correctly. Between federal regulations, state requirements, and union contracts, it’s all too easy to make a mistake that can result in crippling lawsuits and stiff penalties – unless you […]