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Just The Fax, Ma’am…

by admin on March 30, 2021 No comments

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?

by admin on March 26, 2021 No comments

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.

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Health Care Fraud Enforcement Got You Worried?

by admin on March 25, 2021 No comments

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?

by admin on March 24, 2021 No comments

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?

by admin on March 24, 2021 No comments

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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Aesthetic Clinics and Regulation – What’s Happening?

by admin on March 22, 2021 No comments

supervision requirements for medspaBy: Chase Howard

Over the last few months, there has been a significant uptick in investigations in the “medical spa” space. The biggest points of enforcement have been in regards to supervision and scope of practice.

The various governing bodies have taken a more active role in ensuring that providers are providing services within their scope of practice as wells as enforcing the various supervision statutes.

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

by admin on March 22, 2021 No comments

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.

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How Can a Business Law Lawyer Assist a Healthcare Firm? 2 Examples

by admin on March 18, 2021 No comments

business law lawyer floridaHealthcare organizations often need a business law lawyer to help with the nitty-gritty of running a business. For example, you may need an attorney like this to help you buy a facility or add to your staff. Learn more.

As a healthcare professional, you spend your time putting patients first. You may have a hands-on role as a doctor or nurse. Or you may have an administrative role. No matter what you do, a business law lawyer could be critical to your success. 

Our firm offers some of the best business law lawyers in Florida. Healthcare is our only focus. If you need help, we’d love to hear from you. 

These are just two examples of how we’ve helped our healthcare clients recently. 

Add a Facility to Your Organization 

You’ve decided to add a pharmacy, clinic, or hospital to your roster. You must have a qualified business law lawyer. 

During the transaction, your lawyer can:

  • Research. Find out more about the business, the employees, and the agreements that tie everything together. 
  • Negotiate. Pay the right price for the facility, and ensure that your contract is solid. 
  • Administer. File the proper paperwork with regulatory agencies, and ensure you have needed licenses. 

The work is delicate, and it’s best left to business law lawyers in Florida who can represent you appropriately. 

Add Staff to Your Team 

Many physicians are moving from private practice into healthcare organizations. In fact, in 2019, more doctors worked for others than owned their own practices. 

You may also need more nurses, pharmacists, and other professionals to serve your patient base. 

A business law lawyer can help to negotiate those critical employment contracts so you’re not paying these professionals too much or too little. The lawyer can also research the potential hire, so you’re not taking on a risky person that could torpedo your reputation. 

Employment contracts are legal documents, and it’s best to work with a business law lawyer so you remain protected. 

If you’re hoping to find an experienced set of business law lawyers in Florida, contact us at Florida Healthcare Law Firm. We’re ready to help you today. 

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Should You Find a Healthcare Professionals’ Attorney? Or Will Any Lawyer Do?

by admin on March 17, 2021 No comments

health care professionals attorneyThere are thousands of lawyers in Florida, and they’re all clamoring for your business. If you run a healthcare organization or you work in medicine, it’s wise to stick with a healthcare professionals’ attorney. Let us tell you why.  

Chances are, you’ll need a qualified lawyer at least once during your healthcare career. You might have a case working through the courts, or you may encounter healthcare compliance and regulatory services needs you can’t handle in house. 

Should you work with any lawyer you find nearby? Or should you look for a healthcare professionals’ attorney?

Let’s unpack this decision and help you make the choice that’s right for you, your organization, and your career. 

How Many Lawyers Are in Florida? 

If you’re searching for an attorney in Florida, abundance is your enemy. More than 78,000 attorneys live in your state.

It takes about seven years to qualify as a lawyer in Florida. That time is spent in:

  • Undergraduate school. Pre-law courses entice students to polish their reading, writing, and analysis skills. 
  • Graduate school. Law school gives lawyers the legal background they need to survive in the courtroom. 
  • Examinations. Before they can practice, lawyers must pass tests. 

Any licensed lawyer has moved through all of these steps. But a healthcare professionals’ attorney has specialized knowledge. 

What Makes a Healthcare Professionals’ Attorney Different? 

Healthcare law is incredibly complex. Federal, state, and local laws intertwine to create a maze of rules and regulations that dictate almost every decision you make.

Healthcare professionals’ attorneys have experience with these intertwining laws, and they can unpack dense cases faster than a novice might. These professionals can also help you with non-court-related issues, such as healthcare compliance and regulatory services. And they might also help to fend off healthcare recovery attorneys, fighting for money for their clients. 

When your license, organization, or livelihood is on the line, you can’t afford to work with a novice. Contact us at Florida Healthcare Law Firm to find out more about how we can help you. 

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

by admin on March 16, 2021 No comments

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.

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