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3 Ways to Prepare for a Compliance & Regulatory Services Consult

February 10th, 2021 by

compliance and regulatory servicesAt our health law firm, we offer complete and thorough compliance and regulatory services consults. Here’s how we ask our new clients to prepare for our visits. 

At the Florida Healthcare Law Firm, we meet with hospital, health plan, and clinic executives every day. We build audit schedules that work, and we conduct training programs to keep staff on track. 

While we’re both quick and efficient, we do rely on our clients to prepare for visits from the health law firm. Here’s what we ask all new clients to do. 

  1. Collect All Compliance & Regulatory Services Training Materials 

A lack of staff training often leads to privacy or other legal violations. To conduct an analysis and ensure we’re building the right plan, we must know how you’re working with new staff. 

We’d like to see these documents:

  • Employee manuals 
  • HIPAA training documents 
  • Staff evaluation forms 

Anything you’ve given your staff to help them learn the rules is appropriate for our study and perusal. 

  1. Gather Important Staff to Meet With the Health Law Firm 

We’ll conduct an initial discussion with a leader within the organization. But at some point, we’ll want to talk with plenty of people in charge. 

We might want to speak to these people:

  • IT manager
  • HIPAA compliance officer 
  • Human resources director 
  • Marketing director 

We might also like to talk with anyone who trains new employees or negotiates contracts on your behalf. Knowing who these people are right now and ensuring they’re available to speak with the health law firm will save time.

  1. Document Past Legal Issues 

One medical malpractice payout happens every 43 minutes in the United States. If you’ve had difficulty with compliance and regulatory services in the past, you’re not alone. And we’ll want to know everything about what went wrong. 

Pull together any documentation related to your past lawsuits, including summons information, payouts, and defense strategies. We’ll also want to know what you’ve done to prevent similar problems in the future.

We Are Here to Help 

Consider us the health law firm in Florida. Our talented and experienced team is here to help organizations both large and small, and it’s easy to get started. Schedule a consultation today. 

Lab Transaction Due Diligence

December 18th, 2020 by

laboratory lawyerBy: Dean Viskovich

Laboratory buyers and sellers considering a sale or purchase should have knowledge of issues that can affect the transaction. Due diligence requires conducting measures that provide a buyer confidence that the laboratory for sale is being accurately represented by the seller.

The transaction requires consideration, communication and planning between all parties and their representatives.  A thorough knowledge of laboratory compliance and rules and regulations is imperative as documentation and information that is provided and reviewed will more than likely change the pricing, value and terms of the deal.

Due diligence is required in any healthcare transaction and is performed so that both the buyer and seller fully understand the transaction. An effective and necessary tool regarding laboratory transactions is a due diligence checklist. The checklist will allow both sides to identify and address issues that may be neglected or overlooked. The categories that compromise a laboratory checklist should include, but are not limited to: read more

Forward Looking: How to Prepare for 2021

November 24th, 2020 by

fhlfhealthcarebusinesslawBy: Chase Howard

With 2020 coming to a close, and COVID-19 still very much a concern for businesses, there are a number of things for healthcare businesses and practices to consider before the New Year.

Here’s a list of items to review:

read more

This Florida Healthcare Law Firm Can Spare You from Legal Headaches

November 23rd, 2020 by

Florida Healthcare Law FirmFor 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.

Strategies for Successful Implementation of Mandatory Vaccine Policy for Your Workforce (Part 2)

November 7th, 2020 by

fhlf mandatory vaccineBy: Karen Davila

Read part 1 previously published on 11/1/20. 

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.

MANAGING ACCOMMODATIONS

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. read more

Strategies for Successful Implementation of Mandatory Vaccine Policy for Your Workforce (Part 1)

November 1st, 2020 by

fhlf mandatory vaccine for covidBy: Karen Davila

Can an employer require employees to be vaccinated against influenza?  And, a COVID-19 vaccine likely will be approved in the not-to-distant future.  What about that vaccine when it becomes available?  These are questions with which many organizations are grappling today.  With the confluence of what is expected to be a very active influenza season and the ongoing and unprecedented COVID-19 pandemic, employers are contemplating how best to protect their workforce and clients/customers/patients.

One of the most effective ways to achieve this is a mandatory vaccine policy, but is that right for your organization?  Mandatory vaccination programs are not new.  Depending on your business, a mandatory vaccine policy may be the industry norm.  What factors should you consider?  What processes would you need to develop to address exceptions?

CAN YOUR BUSINESS MANDATE VACCINATIONS?

In general the answer is yes.  Although federal and state laws may vary, such programs are permissible provided any mandatory vaccination policy incorporates processes to address the required exceptions: medical accommodations under the Americans with Disabilities Act (ADA); and religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII). read more

Dentist Employment Contracts

September 9th, 2020 by

https://www.floridahealthcarelawfirm.com/our-team/chase-howard-attorney-florida-medical-lawyer/By: Chase Howard

A dentist’s first employer agreement is just as important as their last one. While all contracts include basic terms regarding compensation and restrictions, many simply do not contemplate important terms that have impacts on Dentist’s daily lives. Understanding, and negotiating, your contracts is the most valuable investment you can make prior to entering into a contract.

To understand what’s in your employment contract, simply read it over a few times. To understand not only how those terms affect you, but also what isn’t in your contract, hire an experienced health care lawyer. read more

Physician Engagements: Who Do I Really Work For and Does it Matter?

September 11th, 2019 by

By: Randy Goldberg, Co-Counsel

I am a successful physician who works for a thriving practice that is affiliated with a local hospital or Ambulatory Surgical Center (“ASC”).  The hospital/ASC was so impressed with my professionalism and skills that they retained me to perform certain additional duties and services for them.  Of course, they are paying me for my time and services.  This is great, I love my work, I am generating two sources of respectable income – all is good.

Not so fast!

As can sometimes be the case, all is good while there is smooth sailing and while the money is coming in.  However, once there is a bump in the road, a hiccup in a procedure, or a third party employee files a complaint with the Equal Employment Opportunity Commission (“EEOC”); the Florida Commission on Human Relations (“FCHR”); Department of Labor (“DOL”) or any federal or state agency complaining about some alleged incident in their workplace. Their filing of a lawsuit can be against you individually, against your practice or against the hospital/ASC.  Not to mention, a lawsuit can be filed by a patient or third party against the practice or the hospital/ASC.  Then what? read more

Physician Employment Contracts: Hidden Terms

January 11th, 2019 by

physician employment contractBy: David Davidson

Over the past few years, it seems like physician employment agreements are getting shorter and shorter.  While I applaud all efforts towards efficiency and economy, you should not always take those documents at face value.  For example, I recently reviewed a one page employment contract for a client.  That single page basically said, “We are hiring you as our employee for a term of one year, with an annual salary of $$$.”

At first glance, the simplicity of that document might seem refreshing.  That’s especially true if you’re worried about how much time it’s going to take for your lawyer to get through it!  My client’s second glance revealed a multitude of unanswered (and essential) questions.  There was no mention of expected duties, schedules, standards, renewals, terminations, insurance, benefits, vacation time, sick leave, CME, etc. in the employment contract  However, when we reviewed the contract together, we discovered that although those points were not even referenced on that single page, they were still legally, “in there.” read more

The Reality of the “Economic Realities Test”

August 7th, 2015 by

contractBy: Valerie Shahriari & Jacqueline Bain

Across the healthcare industry, providers and healthcare businesses are consistently faced with the decision of whether to employ or contract with their workers.  Whether it’s a physician working with a group practice, or a marketer on behalf of a healthcare service, correctly structuring relationships between healthcare businesses and their workers is important.  For tax reasons, many workers strongly prefer to enter into independent contractor relationships.  However, simply calling oneself an independent contractor is not enough to solidify the relationship.  Many times, workers who call themselves independent contractors are actually employees in the minds of the government.  And sometimes, so-called “employees” with several part-time positions are actually viewed as independent contractors.

On July 15, 2015 the Administrator of the Department of Labor’s Wage and Hour Division (WHD) provided additional guidance regarding the application of the standards for determining who is an employee under the Fair Labor Standards Act (FLSA).  The goal of the guidance is to help the regulated community in classifying workers and decreasing misclassification.  The Administrator’s Interpretation reviews the pertinent FLSA definitions and the breadth of employment relationships covered by the FLSA.  The Administrator’s Interpretation then addresses each of the factors of the “economic realities test”.

According to the Administrator, when determining whether a worker is an employee or independent contractor, the application of the economic realities factors should be guided by the FLSA’s statutory directive that the scope of the employment is very broad.  The FLSA’s definitions establish the scope of the employment relationship under the Act and provide the basis for distinguishing between employees and independent contractor.

The Supreme Court and Circuit Court of Appeals have developed a multi-factorial “economic realities” test to make the determination whether a worker is an employee or an independent contractor under the FLSA.  The test focuses on whether the worker is economically dependent on the employer or in business for him or herself.  The factors include: read more