Just The Fax, Ma’am…

hipaa compliant healthcare communications

hipaa compliant healthcare communicationsGuest Blog Post By: Phil Liberty, Universal The Communications Company

The healthcare industry is doing its level best to keep fax machine manufacturers in business. Because fax machines are considered to be HIPAA compliant, it’s easy to keep them humming along. Paying for expensive toner, electricity and the telephone line attached to the wall behind the machine is just the way we’ve always done it. But that telephone line should give you enough reason to consider your options.

AT&T built and owns the copper telephone network that provides the analog signal required for T1 lines, traditional telephones, fax machines, credit card machines, postage meters, alarms and elevators. That service is known as POTS – Plain Old Telephone Service. Maintaining that antiquated network is costly and inefficient for AT&T so they will retire POTS in the near future. All services will eventually run over fiber optic cables and your equipment may have to change to keep up. You may have received a letter telling you about this transition but probably ignored it or did not even open it thinking it was a solicitation. So, how does AT&T get your attention if you won’t read their letter? Check your phone bill!

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What Can I Negotiate In A Commercial Lease Agreement?

commercial medical lease propertyBy: Chase Howard

Commercial leases are arguably the most one-sided contracts you could enter into while doing business. Most, if not all, commercial property owners and landlords will shift all of the liability of the premises onto the tenant. This includes maintenance, repair and replacement of structural components, roofs, wiring, plumbing, and even store fronts and sidewalks.

While a majority of the terms in a lease are “non-negotiable” there are a number that landlords can reasonably agree to change.Continue reading

Health Care Fraud Enforcement Got You Worried?

healthcare fraud in 2020

healthcare fraud in 2020By: Karen Davila

Healthcare fraud continues to be a significant priority for the U.S. Department of Justice.  On February 24, 2021, the DOJ’s Criminal Division Fraud Section published its annual “Fraud Section Year in Review 2020.”  While the Fraud Section has three separate enforcement units, the Health Care Fraud (HCF) Unit is responsible for all enforcement activities in the health care industry.  The Unit’s focus is to protect against fraud and abuse in federal health care programs and recoup illicit gains.

During 2020, the HCF Unit operated 15 strike forces in 24 federal judicial districts throughout the U.S.  The efforts of these strike forces led to charges against 167 individuals alleging $3.77 billion in fraudulent charges for health care paid for by federal and state programs.  This should cause any health care provider to stand up and take notice.  And enforcement in the health care industry is not likely to go away soon with so many schemes ripe for the government’s picking and generating recoupment on behalf of the federal health care programs.

Here are couple of the latest schemes that have landed pharmacies, pharmacists and other health care professionals squarely in the crosshairs of federal enforcement:

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Can I Provide in-home or mobile IV Therapy?

iv therapy

By: Chase Howard

IV hydration therapy has many applications and purposes. In the most common cases, the purpose is for post-surgery recovery or wellness optimization. IV therapy businesses that want to offer a more concierge type of service by offering mobile or in-home services, need to be aware of Florida home health agency laws and regulations.

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PLLC v. LLC: What’s The Difference?

healthcare business llc

healthcare business llcBy: Chase Howard

In most cases, the limited liability company, or LLC, is the preferred business structure for a wide variety of healthcare businesses. If you’re a licensed professional, you can also use the professional limited liability company, or PLLC for your healthcare practice or business. While generally these two entity types are the same, there’s a small difference to be aware of when organizing the company.

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Do I Need A Massage Establishment License To Offer Massage Therapy In My Chiropractic Office?

massage therapy in chiropractor office

massage therapy in chiropractor officeBy: Zach Simpson

A question that I am frequently asked is do I actually need a Massage Establishment License for my chiropractic practice? The answer is it depends on the employment status of licensed massage therapist, and whose patients the massage therapist is treating.

Chapter 480, Florida Statutes, regulates the practice of massage therapy in Florida. Pursuant to this law, the facility where massage therapy is administered must be licensed separately as a massage establishment license unless it is the residence or office of the client. Under the Chiropractic Medicine Act, a chiropractic physician prescribing massage therapy for his or her patients in the chiropractic physician’s office does not need to have a massage establishment license. However, the office, does need a massage establishment license if the massage therapist is permitted to bring his or her own clients into the office for massage therapy.

In addition, the key question that many offices need answered is if your Licensed Massage Therapist is an Independent Contractor do you need to have a massage establishment license? The answer is yes, because the operative sentence of the exemption reads: “This section does not apply to a physician licensed under… chapter 460 who employs a licensed massage therapist to perform massage on the physician’s patients at the physician’s place of practice.” Be aware that an independent contractor is not an employee, and therefore the exemption will never apply if the massage therapist is an independent contractor.Continue reading

4 Things a Litigation Lawyer in Florida Does for You Outside the Courtroom

litigation lawyer florida

litigation lawyer floridaA litigation lawyer in Florida represents you in courtroom proceedings. But your lawyer handles many other tasks for you, including work that begins months before your court date. Learn more here.

Watch enough courtroom-drama television, and you may believe that a litigation lawyer in Florida spends all day in court questioning witnesses and pleading with judges. 

The opposite is true.

Litigation lawyers do represent you in courtrooms. The staff at the Florida Healthcare Law Firm, for example, is often in court fighting for the rights of our clients. But much of our work happens outside the court.

Here are four tasks we tackle for our clients that you may not know about: 

  1. Talk With Witnesses.

As the United States Department of Justice explains, witness preparation can help lawyers avoid nasty surprises during trials. 

We may contact witnesses to:

  • Ask about the facts. Who did what, and when did it happen?
  • Corroborate opinions. How does a specialist in the field analyze the episode?
  • Explain relationships. What does this person know about you and your past?
  1. Firm Up the Facts. 

Healthcare cases are often complex, and emotions can run high. Unless a litigation lawyer in Florida digs into what really happened, that professional could allow a case to come to court that should have been immediately dismissed. 

Looking over charts, paperwork, and case files is absolutely critical. The work can also be time-consuming.

 

  1. File Motions. 

Paperwork starts the trial process. But as lawyers prepare, they exchange documents about the witnesses expected, evidence uncovered, and more. Your lawyer may also file paperwork about settlements and pleas, if that’s appropriate. 

  1. Study the Other Party’s Data. 

While your litigation lawyer in Florida is working hard, your opponent’s team is doing the same. At one point, the two sides will trade data. Your team should study the approach the other side has prepared, and you should be coached accordingly. 

If you’re seeking  a litigation lawyer in Florida with healthcare expertise, we’d like to talk with you. Contact us at Florida Healthcare Law Firm.

Preparing to Sell Your Laboratory

prepare a lab for sale

prepare a lab for saleBy: Dean Viskovich

COVID is front and center in all aspects of everyday life and has shined light in the strangest of places that were usually in the dark. In healthcare the laboratory space has always taken a backseat to other sectors in terms of recognition and value. The current climate in the lab space has shifted and it is not an illusion, labs are front and center.

COVID has taken its toll on areas of the economy and investors are certainly one of the first to become aware of this situation. Clinical laboratories are currently an attractive acquisition target and the reasons are numerous, sectors like retail, entertainment and travel are performing poorly and investors are shifting their investment dollars into healthcare and technology.  Investors are looking for growth and profitability and are finding it in healthcare.  Mergers and Acquisitions (M&A) is nothing new in the lab industry, but now careful consideration is required when it comes to deciding the appropriate time to sell your lab.

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FMV (Fair Market Valuation) Heads Up

FMV (Fair Market Valuation) Heads Up

By: Jeff Cohen

FMVs are at the heart of healthcare regulatory compliance when money or anything of value changes hands in a healthcare business setting.  Why?  Two reasons:

  1. Healthcare laws (Stark, the Anti Kickback Statute and the Patient Brokering Act) all target money changing hands in the healthcare business space; and
  2. There are clear exemptions and exceptions that have as an essential ingredient that the compensation (or pricing) is consistent with “fair market value.”

How it Goes—A Six Part Process

Locking down an externally performed FMV (part of the “gold standard” in regulatory compliance) is a process.  Here’s what it should look like:

Step 1.  The healthcare business person or his/her advisors (often accountants) find someone who specializes in performing FMVs for the specific matter (e.g. compensation, price of a business to be acquired);

Step 2.  The LAWYER for the healthcare business is immediately involved in the process BEFORE the FMV firm is engaged;

Step 3.  The LAWYER engages the FMV firm on behalf of the healthcare business client;

Step 4.  The parties (including the lawyer) get on the phone or in a meeting with the “FMV guy” and has a very extensive conversation re the project;

Step 5.  Once the FMV process done, a DRAFT FMV study is prepared and discussed interactively with the healthcare business and the lawyer;

Step 6.  Once finalized, an execution copy is prepared and provided to the lawyer.Continue reading

Autonomous Nurse Practitioners in Private Practices

Autonomous Nurse Practitioners in Private Practices

By: Chase Howard

The new autonomous practice regulations allow certain Nurse Practitioners to practice independent of physicians, without supervision, in certain settings. While we’re awaiting further declarations and definitions from the Board of Nursing as to what is including in primary care, there is already an opportunity for autonomous practice nurse practitioners to establish concierge and direct primary care offices.

The concierge practice model and the direct primary care model, however, are still regulated depending on the way patients pay.Continue reading