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Legal

Legal

Service animals

Untangling the Rules Around Service Animals at Your Practice

When patients or employees want to bring service animals or emotional support animals into your practice, you must tread very carefully. If you make a misstep, you could face lawsuits, regulatory agency fines and reputational damage if you violate the Americans With Disabilities Act. On the other hand, if your emotional support animal policy is […]
Subpoena for medical records

4 Questions to Ask if You Get a Subpoena for Medical Records

If your practice receives a subpoena for medical records, it’s important to stay calm. Although you have to toe the line between complying with the subpoena and protecting patient privacy, there are important questions you must answer before sending the records. Check out the four questions you should always ask when you get a subpoena […]
stark law

Discover How the PHE’s End Will Impact the Stark Law

The end of the COVID-19 Public Health Emergency (PHE) is now behind us, and the discontinuation of certain PHE policies spans far beyond COVID-19 tests and vaccinations. In fact, the PHE’s end also has compliance considerations that every practice must know. Among these are vast changes to the Stark law and the ending of blanket […]
Information blocking

5 Examples Help You Master Information Blocking Violations

If your practice isn’t familiar with the federal 21st Century Cures Act—also called the information blocking rule—then you could be at risk of violating this law. In essence, your practice must make electronic health information available to patients and others securely and swiftly, at no cost. Practices that prevent patient access may implicate the information […]
Respond to subpoena

How to Negotiate for More Time When Responding to Subpoenas

If your practice receives a subpoena for records and documents, it can spark immediate fear—not only because it’s always stressful to deal with legal issues, but also because the clock is ticking to respond to the subpoena on time. Fortunately, the person sending the subpoena understands that you’re busy, and may allow extra time to […]
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 […]