There are two different types of malpractice insurance policies: an occurrence policy and a claims-made policy. Understanding the difference, and knowing which one you have with your current employer, will help in understanding:
- The contract terms;
- What happens when you leave; and
- What happens if you decide to start your own practice or become an employee of another practice.
Practitioners who voluntarily or involuntarily leave a practice should immediately revisit their original contract. It is very important that they understand how the contract and its clauses—specifically the restrictive covenants—affect their future employment. Continue reading
There was a recent case with respect to a Manhattan yoga studio, which was appealed four times, to determine whether the non-staff instructors were actually employees rather than independent contractors. The matter was In Re Yoga Vida NYC, Inc (Commissioner of Labor), 28 N.Y.3d 1013 (2016). Continue reading
Recently, I have been receiving inquiries from practitioners with respect to their executed employment agreements. Various concerns have come up relating to their employer wanting to change or alter the terms in the original employment contract, and they are unclear of the best way to professionally and carefully handle the situation.
As important as it is to understand the terms before you sign the contract, it is also just as important to continue to keep the contract readily available so that you can ensure the employer is acting in accordance with the contract during the term of your employment. Continue reading
If you are a healthcare practitioner who falls under the Health Insurance Portability and Accountability Act (HIPAA) as a covered entity, you must follow HIPAA rules and regulations when you contract with an outside third party vendor to help you with your practice. If any business associate has potential access to your patients’ protected health information (PHI), they need to sign a business associate agreement (BAA) to ensure confidentiality and follow HIPAA regulations. Continue reading
A recent U.S. Court of Appeals case—Carter v. Healthport Technologies, LLC—has established that healthcare practitioners and businesses need to be very careful on what they charge for providing copies of medical records to patients.
Whether they are copying the medical records directly for the patients, or they’re sending them to patients’ attorneys or other representatives, they should not charge more than 75 cents per page, pursuant to the New York Public Health law. If they do charge more than 75 cents, they may be sued for profiting from this activity.