Wanna know how often we’re asked whether the laws re healthcare marketing are really enforced? How often we hear “Everyone is doing it.” “Surely they [regulators] understand that every healthcare business has to market its services and item,” we’re told. And when we start to educate people re the state and federal laws that pertain to marketing healthcare items and services (INCLUDING those for which payment isn’t made by a state or federal healthcare program), their impatience and intolerance is palpable.
Take a look at the latest report from the Department of Justice guilty please from someone who marketed the services of a genetic testing lab. He admitted being guilty of receiving over $300K in kickback money (presumably in the form of marketing fees) and now faces (1) a $250K fine, (2) returning all the money he received, and (3) five years in prison!
Marketing any healthcare service or item is at the tip of the sword in terms of regulatory investigation and enforcement. It’s that simple. And so when your lawyers drag you through laws like the Anti-Kickback Statute, the Florida Patient Brokering Act, the federal health insurance fraud law, the bona fide employee exception, the personal services arrangement and management contract safe harbor and EKRA, thank them! And expect nothing less. If you do ANYTHING at all in the neighborhood of marketing a healthcare item or services, the first place to start is: meet with a very experienced healthcare lawyer who is not learning on your dime. And have them take a couple hours to educate you about the laws, the options and the risks of each one. And once you’ve done that, ask them what more you can do to reduce your risk, for instance—
If you own or operate a florida medical business, contact Florida Healthcare Law Firm to make sure you are legally compliant, up to date with telehealth regulations and ready for your next audit.
If you are the owner or chief operating officer of a florida medical business, then you are likely dealing with a lot more than health care on a daily basis. You’re probably facing an avalanche of ever-changing state and federal policies. Trying to interpret each one is like juggling three balls in the air and waiting for one to drop. But you don’t have to be a master juggler. You’re not expected to understand the nuance of every piece of legislation that comes your way. With the expert attorneys at Florida Healthcare Law Firm, you can concentrate on your practice, while we navigate the landscape of healthcare policy. From regulatory compliance to payor issues, telemedicine, operations, start-ups, technology and ZPIC audits for fraud, we will coach you, prepare you, counsel you and, above all, educate you so you better understand the implications of every future professional decision you make. We even offer free webinars on hot topics such as diagnostic imaging and radiology compliance, lessons learned from 2020 that can make 2021 easier and how to protect your pharmacy from risky prescriptions. From A to Z, we’ve got you covered.
But if you’re interested in something specific, our boutique firm will cater to your needs. For example, when it comes to finding a florida medical license lawyer, our team is unmatched. If you’re like most physicians, the documentation that allows you to practice is one of your most valuable possessions. And you work hard to maintain its integrity. But sadly, one error, one unhappy patient or one miscommunication could be catastrophic and could even cause you to lose your career. If this happens, don’t waste a second in calling the best representation you can find. You can’t count on the board siding with you. You can’t count on dismissal of your case based on what you consider a frivolous complaint. You cannot risk having your credentials revoked. Our team with 150 years of collective experience focuses solely on doctors and their needs. We know your business so let us take care of saving it for you. We’ll partner with you and will work until we achieve success—our guarantee. Be proactive and call Florida Healthcare Law Firm for a complimentary consultation.
If you are a medical provider or facility and need the best legal advice for your business, contact the experienced teammate Florida Healthcare Law Firm and see why our florida healthcare lawyers go above and beyond the average legal team.
If you are a doctor, dentist, pharmacist or medical provider and you need legal advice that also makes good business sense, then you should never settle for a cookie cutter team of attorneys that simply dabbles in generic cases. You need experts with laser-beam focus on medicine and how it interacts with finance. You need the pros at Florida Healthcare Law Firm. Our florida healthcare lawyers don’t accept mediocre results. We guarantee success because of our collective experience—150 years of specialization in medicine. And our results get noticed. Eight prestigious awards can’t be wrong. We aren’t your average firm. Our accolades and distinctive rankings in some of the country’s most prestigious legal firm listings include Legal Elite, AV Preeminent—the highest peer ranked level of professional excellence, communication skills and ethics. Our reputation is sterling among our colleagues and our clients.
So you may be wondering: if our focus is exclusively medicine, is our menu of services narrow? Not at all. Here’s what we can help you navigate: payor issues, technology and medical devices, hiring and termination, compliance and audits, telehealth and telemedicine, business operations, business transactions (including start-ups), dental, pharmaceutical and acupuncture. Florida healthcare law can be complicated. Don’t go it alone. We have the team that will sit with you and tailor our meetings to suit your needs alone. We’re guided by a mission that’s rooted in honesty, humility, accountability, passion, creativity, value and even fun in a friendly office atmosphere where we know every client’s name. Yes, we can turn even the most challenging complex issues into educational experiences that will help you make better business decisions in the future. With exceptional customer service and 24/7 response, our professionals will respond. Don’t wait until your small business problems become large issues that could compromise the integrity of your practice and your career. Hire Florida Healthcare Law Firm today.
It’s possible to keep your patients’ best interests first and have a stress-free healthcare regulatory compliance audit with the expert help of Florida Healthcare Law Firm, seasoned leaders in the field of medical business legalities.
How many medical practitioners look forward to their next healthcare regulatory compliance audit? Not many…probably because just about everything a physician or hospital needs to do requires following state and federal requirements. The road to comply can be a bumpy one, but it doesn’t have to be when you have a legal coaching staff on the sidelines to guide you through the entire playbook. That’s were Florida Healthcare Law Firm comes in. Our toolbox is deep. In particular, one area that we can navigate for you is the complicated state and federal anti-kickback statutes (patient brokering act). Self-referrals can be a sticky situation. Don’t be caught in a position that jeopardizes your reputation or your practice. We can give you our legal opinion, a brief explanation of the regulations or a full-blown analysis. In addition to anti-kickback advice, we can make sure you’re adhering to guidelines for fee-splitting, fraud and abuse, HIPAA and emergency medical treatment. We cross every ‘t’ and dot every ‘i’ to ensure you’re following the rules.
Sometimes, as a medical professional, you might not even know which issues are on the front-burner. You’re swimming in a sea of paperwork that’s squeezing out precious time caring for patients. In this case, you need the best health care law attorney Florida can offer, with 150 years’ combined experience on your side. We know how to weed out the top-tier issues. We understand their significance and can set up a legal plan for your practice or facility, so you don’t get caught playing catch-up. For payor problems to telehealth, hiring, firing, technology, pharmacy, dentistry, even acupuncture, we’ve got your back. Look to us not only for expertise, but for complete transparency, unparalleled value, warmth, respect, creativity and total responsibility for our actions and decisions. Why else would we guarantee success or your money back? Contact Florida Healthcare Law Firm and see how we exceed clients’ expectations every time.
For physicians who are overwhelmed with legal issues this year, the outstanding attorneys at florid healthcare law firm will simplify even the most complex issues and spare you from unnecessary stress and financial burden.
Let’s face it…2020 has been a year of unprecedented challenges. The pandemic has shone a spotlight on the overwhelming medical-related issues faced by hospitals, physicians, dentists, practices and facilities throughout the country. Every decision you make as a medical professional now has additional ramifications. The consequences are daunting. Don’t waste precious time and money trying to navigate this field of legal headaches alone. At Florida Healthcare Law Firm we can guide you, advise you and ensure that all of your legal matters are handled with expert care. Why? The answer is simple: We don’t dabble in medical legal matters; we specialize in them. With more than 150 years’ collective experience, our expert team is ready to help with every type of medical-related business. From Covid-19 legalities, telemedicine and telehealth—which are hot issues right now—to managed care contracts, treatment center start-ups, selling or buying a practice, defense against a ZPIC audit, hiring and firing or interpretation of standard policies and procedures, we’re there for you every step of the way.
When you meet with a Florida Healthcare Law attorney, you’re guaranteed the best in the business—custom consultations with you, the client, in mind. After all, we’re the state’s first and only boutique legal business, so you get the service you want. We’ve helped small practices, $90 mammoth facilities, urban centers, rural hospitals, pharmacies, laboratories, durable medical equipment companies and ambulatory surgical centers. We’ve successfully negotiated financial raises and taken care of licensure, certification and accreditation issues. Why use up your time better spent with patients when you can schedule a complimentary appointment with our seasoned legal team and discuss your needs? You have nothing to lose and everything to gain, especially with our flat-fee pricing and a money-back guarantee. Lower your legal stress level this year; it’s one positive thing you can do to manage your medical business during this difficult time. Contact the professionals at Florida Healthcare Law Firm today.
In another article, we provided an update to the autonomous practice law for Nurse Practitioners in Florida. For NP’s that qualify, that means they can open a primary care practice without a supervising physician. For most, that means learning about opening and operating a company. Here’s what that entails:
Florida is the latest state to expand the practice of Advanced Practice Registered Nurses. In March 2020, autonomous practice was passed and signed into law, with the law going into effect in July. In October, the Board of Nursing promulgated rules and provided the application for NP’s seeking to practice autonomously.
Before qualifying for autonomous practice, however, an NP must meet the following requirements:
On November 3, 2020, Gilead Sciences Inc. filed suite in the Southern District of Florida Federal Court seeking damages from and injunctions against 58 defendants in South Florida for their part in an alleged scheme to defraud Gilead for millions of dollars. The defendants are comprised of medical clinics, laboratories, pharmacies and their owners, officers and employees.
Gilead is a pharmaceutical company that develops and manufactures drugs for the prevention and treatment of HIV, AIDS, hepatitis B and hepatitis C. Gilead has created a medication assistance program that provides eligible uninsured persons with free medication to help protect them from becoming infected with HIV. Gilead alleges that the defendants are exploiting the program’s charitable purpose for their own financial gain, endangering patients in the process.
The alleged scheme is complex and involves a lot of people participating in a wide-spread conspiracy, yet is exactly the type of convoluted scheme that regulators and insurance companies target. If the allegations are true, nearly 60 fraudulent operators will have to find another line of business. The OIG is likely to be following this very closely to determine if federal charges should follow.
DOES YOUR BUSINESS NEED A MANDATORY VACCINE POLICY?
Given the above, does a mandatory vaccine policy make sense for your organization? This may depend on several factors, including the following:
Are your employees in direct contact with clients/customers/patients?
Is that contact prolonged and in indoor spaces where air circulation may be limited?
If one or more of your employees become ill, does that jeopardize continuity of your business?
If you answer “YES” to one or more of these questions, you may want to consider implementing a mandatory flu vaccine.
In order to effectively implement a mandatory vaccination policy, you must develop both the policy and the process to manage exceptions (i.e. requests for accommodations). The process generally involves the submission of an employer-developed form along with any additional supporting documentation. The accommodations process should include review of information submitted by the employee in support of the accommodation, request for additional information as and when appropriate, an interactive process between the employer and employee in evaluating any potential accommodation, and ultimately a determination if the requested accommodation poses an undue burden that is more than de minimis on the employer.
Health law is the federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the healthcare industry and its patient and delivery of health care services; all with an emphasis on operations, regulatory and transactional legal issues.