Attention Med Spa Providers: Are you Being Compliantly Supervised? 

In Florida, when a practitioner provides specialty health care services, such as dermatologic or aesthetic and cosmetic skin services, that practitioner must be supervised by, or collaborate with a Florida licensed physician who is board certified in either dermatology or plastic surgery. Furthermore, that practitioner’s supervising physician may only one office, in addition to the physicians primary practice location and the office in which the physician supervises must be within 25 miles of the physician’s primary place of practice or in a county that is contiguous to the county of the physician’s primary place of practice. However, the distance between any of the offices may not exceed 75 miles. The office being supervised must also A physician who supervises an office in addition to the physician’s primary practice location must conspicuously post in each of the physician’s offices a current schedule of the regular hours when the physician is present in that office and the hours when the office is open while the physician is not present. Whether you are a supervising physician or are a midlevel provider who collaborates with a physician to operate your medspa, it’s important to ensure that this relationship is compliant to avoid any unwanted regulatory scrutiny. 

Attention Florida-licensed primary care providers! 

Let’s dive into why Direct Primary Care (DPC) models are an absolute game-changer for those in the healthcare field, regardless of whether you are a physician provider (MD or DO), or midlevel provider (APRN or PA). If you’re tired of battling with insurance companies, offering services under a DPC model might just be the solution you’ve been searching for. So, what’s the deal with DPC from a provider’s perspective? Instead of being bogged down by insurance bureaucracy and constant paperwork, you can focus on what you do best: caring for your patients. But it’s not just about the increased quality of patient care —you also can’t ignore the financial benefits of direct primary care. By cutting out the third-party middleman insurers, you can offer your services at a fraction of the cost of traditional practices, and get paid more, faster. This not only makes healthcare more accessible to your patients but also allows you to focus on what matters most: improving health outcomes and operating a successful business that thrives based upon a combination of these concepts. So, if you’re ready to take your practice to the next level and revolutionize the way healthcare is delivered, DPC might just be the answer. 

Breaking News: Federal Trade Commission (FTC) Passes Nationwide Ban on Non-Compete Agreements.

In a momentous move, the Federal Trade Commission (FTC) has enacted a nationwide prohibition on non-compete agreements, signaling a profound change in labor policy within the United States. This unprecedented decision carries extensive implications for both employers and employees within the healthcare sector, necessitating crucial reconsiderations given a fresh regulatory framework that oversees the non-compete limitations generally present in employment relationships. 

Understanding Concierge Medical Practices and ABNs

By: Amanda Howard, Esq.

Concierge medical practices offer personalized care, but they operate differently from what is considered a “regular” medical practice. Patients pay a monthly or an annual fee for special services like longer appointments and direct or quicker access to their doctor. This exclusive arrangement is intended to foster a deeper doctor-patient relationship, improve access to care and result in higher patient satisfaction levels. These “perks” generally fall outside the scope of Medicare coverage. As such, certain services provided within the concierge practice may not be reimbursable by Medicare, necessitating the issuance of an Advance Beneficiary Notices (ABN) . ABNs are like warnings for patients, telling them if a service isn’t covered by insurance, they know they’ll have to pay for the service themselves.

For practitioners operating concierge practices catering to Medicare beneficiaries, adherence to ABN requirements is critical. Practitioners must ensure that ABNs are appropriately formatted, clearly communicate the non-covered services and are provided to patients in advance of rendering the service. Failure to comply with ABN regulations can result in penalties, recoupment of payments and potential legal liabilities for the practitioner.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.

Unlocking Dentistry’s Future: Interstate Compact & Telehealth

By: Amanda Howard, Esq.

Access to dental care is getting a major boost with the implementation of the Interstate Dental Compact. Seven states are currently participating and six states have pending legislation, marking a pivotal moment for dentistry. This means less red tape for dentists wanting to work across state lines. And, it’s happening just as telehealth is taking off in dentistry.

While it may be tough for the average person to imagine how dental services may be provided via telehealth, telehealth is reshaping dental care delivery. One prominent example is remote consultations. Through video conferencing platforms, dentists can now assess patients’ oral health concerns remotely, providing advice, guidance and preliminary diagnoses. This not only improves accessibility for patients in remote areas but also enhances convenience for those with busy schedules. Moreover, teledentistry facilitates continuous care. Patients can receive follow-up consultations and guidance on oral hygiene practices without the need for in-person visits, promoting better oral health management and reducing the risk of complications.

With the compact, dentists can practice in multiple states hassle-free. In a nutshell, the compact + telehealth mean big things for dentists and patients alike. It’s all about breaking down barriers and making sure everyone gets the care they need, no matter where they are.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.

Learning Points – Post Closing transaction liabilities

Ideally, a practice sale or acquisition is smooth, easy, and without lingering issues. Unfortunately, that is rarely the case. It’s not unreasonable to think, anything that can go wrong, will go wrong (at some point). The best way to protect against these lingering issues is to ensure, as a seller, you’re as open and honest as possible, while as a buyer, you’re as thorough as possible and you have a purchase agreement that protects against these lingering or uncovered issues. Some examples include:

  • A post-closing trademark dispute over the name of the practice which was not disclosed;
  • Equipment that isn’t working (maybe it was propped up for a walk through, but then broke down);
  • Employees getting raises right before closing;
  • Solicitation or competition after closing;
  • Finding discrepancies in billing practices;
  • Employee disputes

Do your due diligence, like your life depends on it when you’re a buyer. And when you’re selling, it’s better to lay it all out then risk a lawsuit or claw-back after Closing.

AHCA “Health Care Clinic License” Road Map

Prepared by: Carlos Arce, Esq.

Florida Healthcare Law Firm

If you seek to receive reimbursement by insurance payors in Florida, either through federal programs (Medicare, Medicaid, and Tricare), or commercial insurance (including Personal Injury Protection and Bodily Injury), you will either need a Health Care Clinic License or qualify as exempt under one of the exemptions. The process of getting a Health Care Clinic License is tedious but not impossible if you meet the requirements.

Initial Application

The initial application stage requires multiple forms to be completed by the person or entity attempting to apply for the license. You must also complete a proof of financial ability to operate form that must be completed by a licensed certified public accountant. Moreover, you and any other individual who plans on sharing in the ownership of the entity seeking licensure must be able to pass a level 2 background check. Last, each application requires a $2,000 license fee at the start. The initial stage is typically filled with confusion if you’ve never submitted this application to the Agency for Health Care Administration (AHCA) and had it approved.

Omission Letter

Every application submitted to the AHCA receives an omission letter as a response to the application. This is AHCA’s way of alerting you that they have reviewed your application, and they will point out issues they see with your application. If you fail to complete and respond to this omission letter within 21 days, you forfeit your application and will lose your initial $2,000 license fee.

Survey

Health Care Clinic License is based per location where you plan to operate the health care clinic. Therefore, each location where the services are to be rendered must be inspected by the AHCA’s auditing team. The survey requires that you have all the required posting at the clinic as well as the documentation that the state requires you to have on file surrounding your licensure, and your medical director’s inspection requirements. If you pass the inspection, you will be verbally alerted, and you should receive the license between 2-4 weeks following the survey.

Additional Steps

If you plan on billing personal injury protection benefits, you will require an accreditation by one of the four accrediting agencies in Florida. This will allow you to bill personal injury protection benefits right away. Florida law states that you must wait 3 years prior to billing personal injury protection benefits to a carrier unless you meet the accrediting agency requirement or one of the other exceptions under Florida law.

Attorney Carlos H. Arce works with the Florida Healthcare Law Firm in Delray Beach, FL. He has deep experience with health law, business law, and mergers & acquisitions. Carlos has handled multi-million-dollar healthcare transactions and has served as out-of-house counsel to various small to large healthcare entities. He can be reached via email at [email protected] or by calling 561-455-7700.

Umbilical Cord Blood Therapies: The Role of Informed Consent and Patient Education

By: Amanda Howard, Esq.

In the world of medicine, scientists and doctors are exploring the hidden powers of something often overlooked: umbilical cord blood (UCB). UCB is the blood found in a baby’s umbilical cord, and it’s turning heads in the medical community for its potentially remarkable abilities to heal and protect. But understanding its potential isn’t always easy. Let’s break it down.

Why UCB?

Think of UCB as a treasure trove of special cells that can help heal the body. UCB, rich in hematopoietic and nonhematopoietic stem/progenitor cells, offers a compelling alternative. Unlike other sources like bone marrow, UCB is easy to collect and doesn’t pose as many risks to donors. Plus, it’s less likely to carry harmful viruses. Doctors are excited about its potential to treat all sorts of diseases.

What’s UCB Comprised of and Why Do We Need to Expand UCB?

The cellular composition of UCB sets it apart from other sources, with a high proportion of immature stem/progenitor cells. These cells are like the body’s repair workers. They can turn into different types of cells, like those in your blood or even your brain. UCB also has fewer immune cells that might cause problems after a transplant, which is a big advantage.

One challenge with UCB is that there’s only a limited amount in each donation. While various expansion methods have shown promise, preserving the quality and function of stem/progenitor cells throughout the process remains a challenge. Scientists are figuring out how to grow more of these special cells outside the body. This way, we can have enough to treat more patients and make sure the treatment works well.

Excitement Over UCB

Researchers have been amazed by what UCB can do. It’s not just about helping with blood diseases anymore. UCB cells have shown they might be able to repair damaged brains and spinal cords too. This opens up a whole new world of possibilities for treating diseases and injuries. However, translating these findings into effective clinical treatments requires a deeper understanding of cell function and behavior.

What’s Happening Now and What Does the Road Ahead Look Like?

Right now, scientists are working hard to understand exactly how UCB works its magic. They’re studying how it helps the body heal, especially in conditions like stroke and spinal cord injuries. UCB therapy has shown promise in modulating inflammatory responses, promoting tissue regeneration and protecting against neuronal death. By understanding this better, treatments can be made safer and more effective for everyone.

Legal Considerations for Healthcare Providers and Recipients

One of the foremost responsibilities of healthcare providers is to ensure that patients fully understand the nature of the treatments being offered, especially when those treatments are experimental or non-FDA approved. This includes explaining the potential risks and uncertainties associated with these treatments, as well as alternative options that may be available. UCB therapies, while promising, may still be considered investigational in many cases, meaning they haven’t undergone the rigorous testing required for widespread approval. Providers should both verbally inform the patient of the potential benefits, risks and alternatives and obtain written informed consent from the patient that they understand such benefits, risks and alternatives and they are choosing to move forward with UCB treatment.

Even though there’s still a lot to learn, the future looks bright for UCB. As scientists uncover more of its secrets, we’ll likely see even more breakthroughs in medicine. So, the next time you hear about UCB, remember—it’s not just blood; it’s a source of hope for a healthier future. It may just be the superhero inside each of us, quietly waiting to save the day when we need it most.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.

What to Consider When Purchasing a Dental Practice From the Buyer’s Perspective

By: Amanda Howard, Esq.

Preparing to purchase a dental practice can feel overwhelming. Having the right team around you protects your interests and having an idea of what you can expect during the process, ensures a smooth transaction.

Legal: Depending on the state and the players involved, a buyer can purchase the stock or assets of a dental practice. However, acquiring a dental practice typically involves purchasing its assets rather than the corporation itself. Either way, the buyer assumes significant financial and legal risks. Well-drafted legal documents, including the letter of intent (LOI) and purchase agreement are essential. A purchase agreement should include the purchase price, including rollover equity and holdback funds, robust representations and warranties by the seller, a detailed lists of included and excluded assets, restrictive covenants to prevent the seller from competing with you in the future, and disclosure of known and potential liabilities. Some transactions may necessitate seller financing, requiring documents like promissory notes and security agreements. Additional documents might be required as the deal progresses, such as assignments of rights for licenses and payor contracts. The final document, the bill of sale, serves as a receipt for the buyer, confirming the asset sale.

Financing: While self-financing is an option, many buyers rely on banks, family, or lenders specializing in dental practices. When securing financing, it’s crucial to partner with a lender well-versed in the dental industry. Specialized lenders often provide favorable terms that you could not find elsewhere in the marketplace. In addition, they offer expertise tailored to dental practice acquisitions.

Real Estate: In asset acquisitions, the buyer often assumes the seller’s space, necessitating drafting and approval of lease assignment or negotiation of a new lease with the landlord. In some cases, the seller may own the property involved. It’s generally always a good idea to require that the property be part of the transaction.

Due Diligence:  During the due diligence process, the buyer needs to meticulously examine the dental practice’s financial, operational and legal aspects to ensure they fully understand what they’re acquiring. This involves reviewing financial statements, patient records, lease agreements, equipment inventories, and any outstanding liabilities. A buyer will also want to assess the practice’s reputation, market position and growth potential. Due diligence is crucial as it helps the buyer identify any potential risks or issues that could impact the transaction or the future success of the practice. By conducting thorough due diligence, buyers can make informed decisions and mitigate potential risks, ensuring a smoother transition into practice ownership.

Purchasing a dental practice requires meticulous planning and expertise across various domains. By enlisting the support of professionals experienced in dental practice acquisitions, buyers can navigate the complexities of the process confidently and ensure a successful transition into practice ownership.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.

Navigating Patient Disputes in a Dental Practice

By: Amanda Howard, Esq.

Patient disputes can arise in any dental practice, posing challenges for both practitioners and patients alike. Handling these disputes effectively is crucial for maintaining trust reputation, and patient satisfaction. In this article, we’ll explore common types of patient disputes encountered in dental practices and provide guidance on addressing them from a legal standpoint while maintaining professional integrity and compliance with legal obligations.

Patient disputes can stem from various sources, including:

  1. Billing and Payment Issues: Disputes may arise over billing errors, insurance claims or disagreements regarding fees and payment arrangements.
  2. Treatment Outcomes: Patients may express dissatisfaction with the results of a procedure or perceive that their treatment did not meet their expectations.
  3. Communication Breakdowns: Misunderstandings or miscommunications between the dentist and the patient regarding treatment plans, expectations or post-procedure care can lead to disputes.
  4. Service Quality: Patients may raise concerns about the quality of care received, including issues such as wait times, cleanliness or staff conduct.

Tips for Addressing Patient Disputes

  1. Listen Actively But Avoid Admitting Fault: When a patient expresses a concern or complaint, listen attentively. Allow them to fully explain their perspective, demonstrating that their concerns are being taken seriously. However, before a thorough investigation is conducted, avoid communications with patients that admit fault or making statements that could be construed as an admission of liability.
  2. Conduct Thorough Investigations: Conduct comprehensive investigations into patient complaints, gathering relevant evidence and documentation to provide to your attorney so that they may ascertain the facts and assess potential legal liabilities.
  3. Adhere to Legal Obligations: Comply with legal obligations governing patient rights, confidentiality, informed consent and professional conduct throughout the dispute resolution process.
  4. Document Everything: Keep detailed records of all communications, investigations, and resolutions related to the patient dispute. Accurate documentation is essential for protecting the practice’s interests and ensuring compliance with regulatory requirements.
  5. Seek Resolution Collaboratively: Work collaboratively with the patient to find a mutually satisfactory resolution to the dispute. This may involve offering a refund or discount, providing additional treatment or corrective measures, or simply apologizing and reassuring the patient of your commitment to their satisfaction.

Dealing with patient disputes is an inevitable aspect of running a dental practice, but how these disputes are handled can significantly impact the practice’s reputation and patient satisfaction. Additionally, taking proactive steps to prevent future disputes can help ensure a positive patient experience and foster long-term practice success.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.