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:
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
Individual healthcare practitioners and practices start their doctor-patient relationships by requiring each patient to sign a consent form before the first date of treatment. This form essentially informs the patient of the type of treatment, the risks and benefits of said treatment, and requests the patient to consent to said treatment, after providing any and all necessary information to the office. 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 have your own practice, there are certain areas that are pertinent to running your practice in an efficient manner. You should be aware of these areas and if not, you should be on the lookout for next year.
HIPAA
Now that hospitals and larger medical facilities are becoming more HIPAA compliant, the smaller facilities are now the focal point of the state and federal government. However, this means it is only a matter of time before the individual practitioners are on their radar. To no surprise, and as expected, HIPAA is on everyone’s mind. 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
There are many reasons for dismissing a patient from your practice. This may involve a patient that has been with you for many years or not that long, but someone who you feel is disruptive; or there has been a breakdown in communication; or it is just not in the best interest of either party for them to remain in your practice. Continue reading
Practitioners and their support staff have become very familiar with the Health Insurance Portability and Accountability Act (HIPAA) over the years, but as a recent ruling shows, the law continues to evolve. 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.
