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Legal

Legal

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 […]
Published Date: May 17, 2023
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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 […]
Published Date: May 10, 2023
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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 […]
Published Date: March 8, 2023
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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 […]
Published Date: October 28, 2022
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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 […]
Published Date: October 21, 2022
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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 […]
Published Date: September 26, 2022
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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 […]
Published Date: April 29, 2022
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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 […]
Published Date: December 17, 2021
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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 […]
Published Date: December 8, 2021
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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 […]
Published Date: October 6, 2021
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