How to Protect Your Pharmacy From Risky Prescriptions

fhlf protect your pharmacyBy: Karen Davila

Pharmacies and their pharmacists are in a very tough spot in the current regulatory enforcement environment.  This is particularly true with dispensing controlled substances. Headlines like the below are commonplace:

DEA RAIDS PHARMACY AS PART OF LOCAL DRUG SWEEP

PHARMACY PAYS $500,000 IN PENALTIES FOR CONTROLLED SUBSTANCES ACT VIOLATIONS

MAN ARRESTED USING DOCTOR’S PRESCRIPTION PAD TO WRITE FRAUDULENT RX’S

So, how do you avoid filling a fraudulent prescription for controlled substances?  Before getting into the nitty gritty, it is important to lay the foundation of standard of care and the corresponding responsibility so pharmacies and pharmacists can evaluate what steps are most likely to mitigate these risks.

As background, federal law states that the primary responsibility for prescribing controlled substances rests with the prescriber.  However, that same law places a “corresponding responsibility” on the pharmacist to assure each prescription is written for a legitimate medical purpose pursuant to a valid patient-prescriber relationship.  21 CFR §1306.04(a).

Under Florida law:

  1. A pharmacist may not dispense a Schedule II-IV controlled substance to any patient or patient’s agent without first determining, in the exercise of her or his professional judgment, that the prescription is valid. F.S. §893.04 (2)(a).
  2. A prescriber or dispenser must consult the prescription drug monitoring system, eForce, to review a patient’s controlled substance dispensing history before prescribing or dispensing a controlled substance.S. §893.055

Once you have a clear understanding of a pharmacist’s liability, you can then consider ways to mitigate the inherent risks in filling controlled substance prescriptions.Continue reading

How Healthcare Recovery Attorneys Make Debt Collection Easy for Doctors

If you are a doctor who needs needs expert assistance with debt collection, contact Florida Healthcare Law Firm and partner with healthcare recovery attorneys who can easily resolve pay or issues.

Debt collection for doctors, medical practices and hospitals has never been easy. Payor issues have always been a battle, and the statistics bear that out. How big a deal is bad medical debt? A leading financial services company found that in 2009, about 44% of consumers had racked up some type of medical debt. By 2020, that number increased to 61%, particularly in the wake of Covid-19. Consumers are in the red for medical procedures and doctor visits, but with more and more patients delaying elective surgeries—the bread and butter of hospital revenue—hospital executives are counting on collecting on bills to insulate their finances. Going after that money is going to get tougher; analysts predict U.S. consumers will likely owe about $115 billion in medical expenses by the end of 2020. What about securing government funded assistance, aka Medicaid? This is an important issue for physicians. How can doctors make good on what’s owed them? Hiring a sharp, experienced team player from Florida Healthcare Law Firm, the best healthcare recovery attorney team in the industry, is a wise solution. We collectively boast 150 years’ experience solely in medical-related legal issues so we’re not only on your side, we know your business.

In addition to securing third-party funds or negotiating debt from uncooperative patients, a healthcare practice attorney is your partner as you manage your practice or facility. Our skilled team works side by side with you on a variety of issues that may be taking up unnecessary time from your busy schedule. We specialize in medical legalities so we know the current regulations, trends and issues you are facing. Statewide and nationally, we are at the forefront of payor issues, compliance, hiring and firing, business operations and transactions, telemedicine, technology, durable medical equipment and much more. We are a unique boutique firm that delves into each issue with a depth and breadth of knowledge that our competitors don’t have.

So when you’re looking for a Florida health law attorney who has handled everything from orchestrating bond-financed $90 million medical facilities to ensuring financial raises and providing advice on daily operations for maximum efficiency in a tiny practice, you can count on our seasoned team to represent you. We offer flat-fee pricing and a money-back guarantee. That’s how sure we are that we can help you reach your goals. Contact Florida Healthcare Law Firm for a free consultation today.

Your Medical Attorney Will Be Your Facility’s Best Educator

For the most up-to-date knowledge of state and federal regulations, consult with Florida Healthcare Law Firm and discover how our seasoned medical attorney team will be your practice’s best source of business information.

As seasoned legal counselors, we know that ‘lawyer up’ can have negative connotations. But if you want to get serious about the countless and ever-changing regulations that are spinning around your practice—especially this year—then the only way to stay up to date on trends, policies, regulations and compliance is to hire the best possible medical attorney you can find: the experienced experts at Florida Healthcare Law Firm. From regulatory compliance to business operations, transactions, telemedicine, laboratory compliance, pay or issues and even dentistry and pharmacy, we can help educate you and guide you as you make important business decisions. We don’t work with a handful of physicians or hospitals; we work solely with doctors and facilities like yours. We are specialists in our field, and we guarantee that the business end of your job will become a whole lot easier with us as your partner.

In addition to working side by side with each of our clients, we also offer ongoing education events. These include our recent webinar on business lessons learned in 2020 that can guide you in the future, and our upcoming January webinar on what your office needs to know as you prepare for Covid vaccination in the new year. Pharmacists may be interested in our February webinar about protecting your business from risky prescriptions. The menu of classes is always relevant—led by our Florida medical attorney team who are experts in the field, with 150 years’ collective experience behind them. We also post regular blogs on specific topics, including trademarks in the state, malpractice issues, estate tax planning, self-referral statutes and telemedicine contracts.

As the leading health care law attorney Florida has to offer, we pride ourselves in the core values that set us apart from the competition. First our advice is speedy and cost-effective; we don’t drag our feet and we don’t overprice. In fact, we guarantee results before we are paid. We communicate openly and honestly with clients—no misunderstandings, nothing concealed. We’re not afraid to take educated chances, seeking innovative ways to serve you. Finally, we hold ourselves accountable and stand behind every decision we make. If the outcome isn’t what you expected, we make it right. Why not partner with a stellar legal team that will be your biggest champion and your best source of business education. Contact Florida Healthcare Law Firm today.

Why a Business Law Lawyer Will Save You Time Managing Your Practice

To make the smartest financial and operational decisions for your medical practice, contact the area’s sharpest and most experienced business law lawyer at Florida Healthcare Law Firm.

Most physicians agree that managing a medical practice goes far beyond treating patients. The heart and soul of a doctor’s mission is to help people.Yet for many solo practitioners or new physicians, the countless related tasks that come along with managing daily operations can steal precious time better spent with patients. In fact, a whopping 50% of doctors’ time is spent on administrative paperwork. Compare that with only about a quarter of their time treating patients. If you’re like the majority of physicians polled by Forbes, then you likely need a sharp, experienced business law lawyer at Florida Healthcare Law Firm to make sure you’re not only relieved of some of the burden, but you’re also getting it right. Fatigue sets in quickly in the healthcare field, especially during this stressful year. Let us be your system of checks and balances.

With more than 150 years’ collective experience, we are the best business law lawyer Florida has to offer because we specialize in healthcare. We don’t dabble in this field. Our work, our passion and our background are exclusively in the medical arena, so you never have to worry that we don’t understand your concerns or the intricacies you face as you manage your practice or facility. Consider contracts, for example. If you are a new physician or entering a new practice, before you sign on the dotted line, you would be wise to hire our expert legal team to ensure that your best interests are upheld. You need to know understand and negotiate properly. After all, this momentous decision will have major ramifications on future decisions and can be the wisest investment of your time to launch or further your career.

What will our seasoned business law lawyer in Florida look for? Having reviewed and negotiated contracts for countless healthcare clients, we will clarify terminology, check supervisory duties, confirm any pro-rated compensation that you’re due and explore partnership or ownership potential. We’ll even check for pending litigation involving your future employer. These matters can best be handled by a solid legal team that works solely with healthcare professionals. In addition, we can help you negotiate a managed care contract, provide legal advice on telemedicine, help you start a treatment center, protect you when you buy or sell a practice and defend you against a ZPIC audit. We can even counsel you on hiring and firing issues. Be sure you make the best decisions and hire Florida Healthcare Law Firm.

 

Company Model Scrutiny For Physicians After Daitch Case

fhlf daitch case

fhlf daitch caseBy: Jeff Cohen

A 2018 Department of Justice civil settlement involving a Florida interventional pain physician was a cliff hanger when it surfaced, especially vis a vis the issue of the so-called Company Model, where anesthesiologists and referring physicians jointly owned an anesthesia provider.  The Daitch settlement involved interventional pain specialists who settled the case for $2.8 Million.  There, the government claimed that a mass of urine drug tests weren’t reasonable or medically necessary.  But the issue buried in the settlement call the issue of intertwined medical businesses and the Company Model into question.

The so-called Company Model involves the formation of a company that provides anesthesia services.  It’s jointly owned by anesthesiologists and referring physicians.  Theoretically, on a Monday, the anesthesiologists own the anesthesia practice and bill for all anesthesia services performed at a GI lab or ASC.  On a Tuesday, however, the new company (jointly owned by the same anesthesiologists and the referring physicians) steps in and starts billing for the anesthesia services, thus indirectly sharing a part of the profits with the physicians who are generating the anesthesia referrals.

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Florida Sober Homes Have No Appeal Rights in the DCF/FARR Certification Process

FARR Certification DCF Recovery Residence Appeal Denial

FARR Certification DCF Recovery Residence Appeal DenialBy: Karina Gonzalez

Florida Department of Children and Families (DCF) is vested with authority over substance abuse services and is responsible to approve at least one credentialing entity to develop and administer a voluntary certification program for recovery residences also referred to as sober homes.  DCF approved FARR (Florida Association of Recovery Residences) as the provider for the voluntary certification program, and it is the only certifying entity, it is the only game in town for sober homes.  The issue at hand now is not whether certification is good or necessary for the sober living industry, rather, the issue is that sober homes have no due process giving them an entry point into the system to challenge DCF or FARR when their certification has been denied, revoked or suspended or some other sanction has been imposed!

While sober home certification is referred to as “voluntary” there is absolutely nothing voluntary about it.  A sober home will not be able to keep its business running without FARR certification. This is because substance abuse providers cannot refer any of their clients to a sober home that is not FARR certified and cannot accept a referral from an uncertified sober home. This prohibition on referrals to and from non-FARR certified sober homes also makes it a first-degree misdemeanor for anyone who violates the prohibition. In addition, there is an administrative fine of $1000 per occurrence in the law should anyone violate the referral prohibition.  Continue reading

Laboratory Compliance Services With Expert Lab Lawyers

Contact the Florida Healthcare Law Firm today for your legal laboratory compliance questions. Initial consultations are free and we offer general counsel services on per project or a monthly basis.

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