Does a Patient Need to Sign a HIPAA Authorization Form to Receive Their Own Records?

Generally, a patient needs to sign a HIPAA authorization form to disclose their protected health information. Unless there’s an exception. Such as addressing Treatment, Payment, or Operations (“TPO”). No written authorization is needed for such exceptions – for example, to disclose limited protected health information to resolve a financial dispute (say, a credit card chargeback … Read more

Medicare fraud

Wow, Wound Care is Expensive

The Department of Justice periodically sends out memos identifying wins in its fight against healthcare fraud and abuse. I’ll quote the DOJ verbatim. Charges were filed in the District of Arizona against four individuals who allegedly filed $900 million in false and fraudulent claims to Medicare for amniotic wound grafts used on Medicare patients. As … Read more

Young receptionist answering the phone at a medical practice

Who Answers the Phone at Your Medical Office Matters—A Lot

Hell hath no fury like a dental patient scorned.   One recent news flash:  A woman in Lincoln County accused of slashing tires on 18 vehicles outside a dentist’s office has been arrested and charged, Lincolnton Police confirmed with Queen City News on Tuesday.  Officers responded to calls regarding the incident Monday morning, July 29, outside … Read more

Physicians should self-query in the National Practitioner Data Bank, or NPDB, when applying for licensure renewal, hospital privileges, and in-network status

Physicians Should Run a Self-Query in the National Practitioner Data Bank—Here’s Why

The National Practitioner Data Bank (NPDB) is a federal repository of information detailing specific actions against healthcare providers. It includes settlements and judgments paid by an insurance carrier in your name (you being the defendant). It includes disciplinary actions by state licensing boards, including public letters of reprimand, probation, suspension, and revocations. It includes adverse … Read more

Doctor with his arms crossed looking at camera

How to Mitigate Risk When Opening a Medical Practice—Beyond Med Mal Insurance

Starting a medical practice comes with a host of considerations related to mitigating risks that must be carefully navigated for a compliant, secure, and successful operation. Contrary to popular belief, securing medical malpractice insurance covers only a fraction of the risks you may face. We strongly recommend that physicians take a few extra steps to … Read more

Medical provider securing mask and medical gear before getting to work on a patient

Stepping Up: Why Healthcare Professionals Must “Toe” the Line on Review Compliance

Ever heard of Hey Dude? It’s an online shoe retailer. In the crosshairs for manipulating online reviews. They received a Sasquatch-sized fine by the Federal Trade Commission.  In the healthcare world, patients increasingly rely on online reviews to make healthcare decisions, such as who will be their doctor. Regulatory compliance in the past was an … Read more

Female Asian doctor looking off to the side

Can You Be Reported to the Data Bank if You Are Caught Practicing Without a License?

In all states, you need some type of license to practice medicine. There is some flexibility to address unique situations. In Nevada, there’s a license for “special events” to demonstrate medical techniques and procedures, often at a convention. But you still must apply for a limited license.   Pursuant to Nevada Administrative Code NAC 630.147, Special … Read more

Close up of woman with blue camera phone

When Your Patient Pulls Out Their Phone and Starts Recording

One Medical Justice member recently wrote about a patient pulling out their phone in the middle of a consultation. Then they started recording. This physician works in New York. The practice was reasonably concerned the patient might use this recording for less than honorable purposes. They asked for guidance.  New York is a one-party recording … Read more

Serious man wearing medical coat and stethoscope

A Novel Legal Theory. Suing a Pharma Company for NOT Developing a Drug.

Gilead is a biotechnology company that develops and distributes HIV treatments. Its compounds have saved and extended countless lives.  Gilead is being sued in California by HIV patients for not timely developing a new drug.   Some background.  Gilead manufactured and marketed its HIV/AIDS drug, tenofovir disoproxil fumarate (TDF) since 2001.   Gilead was working on “a … Read more

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