Florida Healthcare Business Operations

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Healthcare clinics provide a service to the community, but at their core, they are also businesses.

Businesses that are poorly run will soon find themselves in trouble: losing money, facing sanctions due to non-compliance with state and local regulations, and ultimately filing for bankruptcy.

At Florida Healthcare Law Firm, we help healthcare businesses improve their operations, creating standards of practice that support their day-to-day operations at all levels and help ensure ongoing harmony with federal and state statutes regarding healthcare practice.

What Are Healthcare Business Operations?

Healthcare business operations include all the functions that happen throughout the day and on a weekly, monthly, or annual basis that contribute to the financial and legal health of the institution.

This is a broad definition, but the truth is that business operations in healthcare clinics encompass a range of practices from the medical care itself to management of the backend of the business to management of human resources.

The categories included in healthcare business operations generally are as follows:

  • Administrative operations
  • Financial operations
  • Legal management
  • Quality improvement

For most healthcare businesses, this is just a starting point, however, as more categories will be added based on the offerings and services provided by the business. For example, if patients are treated in person on site, categories will be added that support best practices for medical and patient care.

Do We Need a Business Operations Manual for Healthcare Clinics?

There are documents designed to support healthcare clinics and other healthcare businesses in creating standards of practice that help them, but it is generally necessary for healthcare businesses to create their own business operations manual.

While some statutes, regulations, and industry standards apply across the board, most healthcare businesses, especially clinics who work directly with patients, will require very specific actions in order to protect patient data and provide the best possible medical care.

In most cases, it is recommended to begin the process of building a unique business operations practice by looking at available manuals. Know that the process will not be complete until it has been thoroughly vetted by a professional who knows and understands the expectations for that particular business.

Florida Healthcare Law Firm Supports Healthcare Leaders in Business Operations

At Florida Healthcare Law Firm, we make it our business to keep up with ever-changing standards and regulations in the state of Florida and at a federal level that impact healthcare clinics and businesses.

We can help you to create and implement business operations and standards of practice that support a thriving healthcare business or clinic and the professional growth of all involved.

If, for some reason, there is already litigation underway due to a breach of statutes or regulations, we can assist with correcting this situation and helping to prevent a recurrence.

Contact Florida Healthcare Law Firm today for a consultation.

New Florida Pharmacy Laws

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The Florida Board of Pharmacy laws are not static. Laws are updated and new statutes are added every so often. Pharmacists and pharmacies are expected to keep up with the changes.

Florida Healthcare Law Firm keeps up with ever-changing Florida pharmacy law and can help you to keep up with legal requirements.

New Pharmacy Laws in Florida

One of the best ways to keep up with the changes coming out of the Florida Board of Pharmacy is to monitor their Latest News page. You will find a list of the most recent articles updating pharmacists on different changes that may impact them, not all of which are directly related to the pharmaceutical industry.

For example, when Governor DeSantis declared a State of Emergency for Subtropical Storm Nicole, the Florida Board of Pharmacy posted it on their page.

Most of the posts on the page are very pertinent to pharmacists and other professionals in the industry. The 2021-2022 Annual Report and Long-Range Plan let people know what to expect in the coming months. When the nonresident sterile compounding licenses were set to expire, they let everyone know five months in advance.

While this page is kept current for the most part, it is not constantly updated. That is, there are no monthly or weekly digests of information to keep everyone up to date, so most pharmacy professionals won’t check in that frequently and then miss out when relevant information is released.

Get Help Keeping Up with Florida Pharmacy Laws and Statutes

At Florida Healthcare Law Firm, we pride ourselves on keeping up with the changes in all medical and dental industries, including the pharmaceutical industry. As a boutique law firm, we are uniquely in touch with all new Florida state laws that may impact our clients.

This means that we are prepared to not only get you and your team up to speed on current Florida State Board of Pharmacy statutes and regulations, but we are also ready to help you create a plan that will ensure that you are in compliance and have the standards of practice in place to maintain that compliance in the coming months and years.

Additionally, should a pharmacist or professional on your team be served with a legal notice and need to respond, Florida Healthcare Law Firm can help. We can assist with determining the best path forward, drafting the appropriate notice on the right timeline, and representing that person, should it become necessary to do so.

Keeping up with changes in Florida pharmacy law does not have to become a second full-time job. Contact Florida Healthcare Law Firm today to set up a consultation and learn what you need to do to get into and stay in compliance.

Inheritance Law in Florida

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Overall, laws dictating how a decedent’s estate will be dispersed among those who are left behind can get complicated, especially if there is no will in place.

In Florida, the laws are designed to protect and provide for those who are left behind. Many laws even make it easier to access inherited property.

What Is the Florida Homestead Law?

The Florida Homestead law protects homeowners from losing their home, should a creditor gain a judgment. This means that if you are found to owe a creditor money, they may put a garnishment on assets, including your bank account and wages, but they cannot force the sale of your home in order to satisfy the debt.

Should a loved one who owns a home protected under the Florida Homestead Law pass away and leave you that home, their estate will not be held up in probate court.

Probate court only impacts assets that could be potentially seized by creditors when debt is owed by the estate. However, because the home is protected by the Florida Homestead law, it would not be included among those assets, and therefore would not be subject to probate.

What Is Florida Inheritance Law Without a Will?

In Florida, there are laws to protect spouses and children if a person dies without a will. For example, a surviving spouse should inherit the entire estate unless they signed a prenuptial agreement or have a contract that limited their eligibility for the inheritance.

Even if there is a prenuptial or other agreement in place that may be limiting a spouse’s inheritance, there may be laws to protect them or ways to address the issue legally. However, there are a number of strict deadlines in place regarding estates and inheritance.

It is recommended that surviving family members immediately seek legal advice after a loved one passes. If they require legal assistance or would like to make changes, prompt legal advice is important, so they do not inadvertently miss deadlines.

It is important to note that if inheritance details are contested by those who are left behind, Florida state has laws in place to protect spouses and children of decedents and provide for them, even if the decedent acted in such a way as to block them from an inheritance. The goal is to make sure that everyone left behind is cared for and protected. To that end, minimum laws in Florida may be of assistance.

What Is Florida’s Inheritance Tax Law?

There is no inheritance tax law in Florida. A beneficiary of any estate or recipient of inherited property is not required to pay any tax for that inheritance in the state of Florida.

Additionally, no income tax is due on any inherited property or income. However, federal inheritance taxes and/or income tax may be due on any inherited property and income.

If you need assistance managing the estate of a loved one who has passed away with or without a will, contact Florida Healthcare Law Firm for assistance.

What Is the Main Intent of the Stark Laws?

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The Stark Law is easily explained.

Essentially, it is similar to the Anti-Kickback Statutes that protect patients from fraudulent referrals for treatment that is not medically necessary. It also protects federal insurance systems like Medicare from paying out on fraudulent claims and wasting money and resources in the process.

Physicians who make a direct referral to another doctor or provider who is a family member or with whom the physician has a financial relationship will be subject to penalties as a result of the Stark Law.

Stark Law Summary

The Physician Self-Referral Law, also known as the Stark Law, is very similar to the Anti-Kickback Statute, which prohibits any healthcare provider from getting a payment or anything of value in exchange for a referral.

The Stark Law, however, is specific to physicians and stops them from referring patients to other healthcare providers with whom they have a relationship and/or stand to gain financially due to an investment or financial partnership.

For example, if a family doctor is married to a physical therapist, they are not legally able to refer any patients to their spouse’s practice because the doctor would stand to gain financially when the patient’s insurance company made payouts to their spouse.

Similarly, if a doctor is invested in a home care business, that doctor cannot refer a patient to that home care business because he will gain financially.

The implication is that the doctor’s judgment may be clouded due to their financial gain and may either refer a patient without medical necessity or may not send the patient to the best possible provider due to bias.

Differences Between Stark and Anti-Kickback Statute

First, the Stark Law is directed at physicians giving referrals to people or organizations with whom they have a financial interest, while the Anti-Kickback Statute prohibits any healthcare provider or organization from taking a payment or anything of value in exchange for a referral.

Second, there are penalties for violating the Stark Law, but it is not a criminal act to do so. Those who violate the Anti-Kickback Statute, however, will face criminal charges.

Litigation Based on Stark Law Violations

When healthcare providers are sued based on perceived violations of the Stark Law, they are often caught off guard. Many don’t even realize that they are out of compliance with a federal regulation or that they are at risk.

The best way to respond to Stark Law-related litigation is to call the Florida Healthcare Law Firm right away.

The sooner we get involved, the quicker we can advise you on the best path forward. Additionally, we can make sure that your response is succinct and effective, and that you hit all deadlines and court dates, avoiding additional fees and penalties.

Each situation is unique, and at Florida Healthcare Law Firm, we specialize in healthcare legal issues. Not only can we assist with the current legal matter at hand, but we can also help you to develop practices that will protect you from this and other federal compliance regulation violations in the future.

What Is Regulatory Compliance in Healthcare?

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Maintaining compliance is a critical factor for healthcare companies and those who work in the healthcare industry. Many federal laws and statutes not only define what it means to be out of compliance but also what the penalties are for violation of compliance standards.

When regulatory standards are not maintained, healthcare professionals may face legal charges and also be ordered to pay heavy fines and potentially lose their ability to practice their profession in the medical industry.

What Is Healthcare Compliance?

Healthcare compliance in the medical and dental industry is defined by maintaining federal regulations with a focus on high ethical standards in patient care.

On a day-to-day basis, this can look like continually assessing and updating processes in order to prevent fraud, patient abuse, and waste across departments.

Some of the laws that govern healthcare compliance include the following:

  • Anti-Kickback Statute(AKBS): This federal law prevents anyone from giving or receiving anything of value, including money, in exchange for facilitating the sale of healthcare services or treatment, especially when federal healthcare dollars are covering the cost of that treatment. Violations are criminal in nature.
  • Stark Law: Similar to AKBS, the Stark Law forbids doctors from referring patients to other physicians or service providers with whom they have a financial relationship, especially if the services are paid for by Medicare. Penalties are outlined for violations.
  • Emergency Medical Treatment and Labor Act(EMTALA): Specific to hospitals, this law requires that stabilizing treatment be provided to all who enter in need of treatment regardless of their ability to pay for medical services.

There are also laws that pertain to specific jobs and address issues of patient understanding of care and options, ending a medical relationship with a patient, and provision of care.

To ensure that your organization is in full compliance with all federal regulatory laws and standards, it is a good idea to meet with a legal team who is up to date on current regulations.

How to Maintain Regulatory Healthcare Compliance

If you would like to learn more about how to maintain regulatory healthcare compliance or improve compliance standards within the company, contact Florida Healthcare Law Firm today. We can help you ensure the following:

  • Current policies and procedures are up to date
  • Education and training are available to employees to ensure continued compliance
  • Reporting, monitoring, and auditing are consistent and thorough
  • Enforcement measures are in place

Call Florida Healthcare Law Firm today to set up your initial consultation.

Is NSO a Good Malpractice Insurance?

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While no one wants to be in this situation, the right insurance can make all the difference when malpractice complaints are filed.

It is not just doctors who struggle with malpractice claims and the negative impact on their reputation, job status, and bank accounts. Nurses can also get hit with malpractice litigation, and when it happens, the best thing to have in your back pocket is the right malpractice insurance.

NSO is a well-rated insurance option that helps nurses to protect themselves when they need it most.

NSO Malpractice Insurance Benefits

NSO insurance is well respected in the nursing community because it provides comprehensive coverage for nurses dealing with a malpractice claim.

Some benefits include the following:

  • Coverage for a wide range of liability issues: Sexual misconduct, license protection, HIPAA issues, professional liability, personal liability, and more are all included under the policy.
  • Easy process for filing a claim: If you are charged with any malpractice issue, all you have to do to trigger coverage through your NSO malpractice coverage is submit an online contact form or call 1-800-247-1500, between 8 a.m. and 6 p.m. EST.
  • Great customer service and support: Within 48 hours of filing your claim, you will be contacted by a claim consultant who will help you determine your legal options moving forward.
  • Long-lasting coverage and reminders to renew: Your coverage under NSO begins as soon as your application is approved and payment is received, which can take less than 24 hours in some cases. Coverage lasts for a year, and you will receive reminders before it expires, making sure that you are never without malpractice insurance coverage.

    Continuation of coverage is easy. No reapplication is required. You will only need to update the policy if there have been any changes since you signed up.

Do I Need Malpractice Insurance for Nurses if My Employer Has Coverage?

If your employer is sued for malpractice or if you are personally sued by a patient while working for your employer, their malpractice insurance will extend to you. However, it may not be enough to cover the costs of all legal fees, all claims, and all other costs that can arise as a result of the case.

When you have personal nurse liability insurance malpractice insurance, you can make sure that your costs are minimal, and you can more quickly resume work as normal.

Get Support for Nurse Malpractice Claims

If you have NSO malpractice insurance, your legal costs will be considerably less than they would be otherwise, especially if you ultimately need an attorney and end up in court.

At Florida Healthcare Law Firm, we accept NSO malpractice insurance and can help you on your journey through this difficult process. Call now to set up a consultation and connect with the legal team that is dedicated to helping healthcare professionals manage their legal issues quickly and efficiently.

What Is Healthcare Open Enrollment?

Enrollment periods for healthcare are exactly what they sound like — they are the only time of year when it is possible to sign up for health insurance coverage.

It is important to find out the dates of the enrollment period for health insurance at work or through the federal government in order to not miss the opportunity to get affordable healthcare.

What Is Healthcare Open Enrollment?

Healthcare open enrollment is the term describing the period of time when it is possible to sign up for health coverage.

Most of the year, enrollment is closed unless there is a major life change, such as getting married, having a baby, or starting or ending a job.

For those who get health insurance through their employer, the open enrollment period will vary. Some companies only open health insurance enrollment during the same period each year. Others make health insurance available after a certain period of employment.

Is the Healthcare Open Enrollment Period Different for Medicaid?

It is possible to apply for and get coverage under Medicaid or under the Children’s Health Insurance Program (CHIP) at any time. There is no closed period of enrollment to ensure that those who are the most vulnerable always have access to healthcare.

When Is Open Enrollment?

Open enrollment for health insurance usually occurs between November 1st and January 15th of the following year.

However, some states that have their own insurance exchanges may have different start or end dates, usually starting a bit earlier than November 1st and/or ending a bit later than January 15th the following year.

Florida does not have a state specific exchange and offers open enrollment for federal healthcare options between November 1st and January 15th.

When Does Coverage Begin After Open Enrollment?

In most cases, health coverage will begin on the first day of the month following enrollment. So, if someone were to sign up on November 2nd, their coverage would begin on December 1.

If you have questions about healthcare coverage in Florida, contact us at Florida Healthcare Law Firm today.