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Not All Florida Healthcare Lawyers Are Created Equally

November 25th, 2020 by

Florida healthcare lawIf 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.

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:

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What’s the Deal with CMS’ DMEPOS Competitive Bidding Program?!?!?

November 6th, 2020 by

By: Michael Silvermanfhlf dmepos competitive bidding

Round 2021 of Medicare’s DMEPOS Competitive Bidding (“CBID”) Program has been a doozy to say the least!

From the complexities of the new bidding process announced in 2019 that I initially wrote here and on this article through the uncertainty regarding whether Round 2021 would ultimately be implemented given the COVID-19 pandemic, the Round 2021 CBID Program that goes into effect on January 1, 2021 is shaping up to be much different than originally anticipated. Allow me to breakdown the changes between ‘then’ and ‘now’:

Video on Round 2021 of Medicare’s DMEPOS Competitive Bidding (“CBID”) Program.

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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

Telemarketing & Telemedicine PSA/ALERT: You May Be Breaking the Law If…

October 22nd, 2020 by

telemedicine lawsTelemarketing & Telemedicine PSA/ALERT:

You might be breaking the law if:

  • Potential customers are being ‘cold called’;
  • Paying marketers per lead, or ‘backing in’;
  • Anyone other than the patient and/or their insurance company pays for the full cost of the telemedicine visit;
  • Customers have no financial responsibility;
  • Telemedicine visits are not conducted with appropriate technology;

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My Patient Won’t Wear a Mask: Now What?

October 22nd, 2020 by

fhlf mandatory mask articleBy: Karen Davila

For some reason, wearing or refusing to wear masks has become a point of personal expression and a topic charged with much emotion.  We hear stories every day about confrontations with consumers in the retail industry.  But what about when a patient refuses to wear a mask?

In many states and counties, face coverings are still mandated in public.  Failure to wear a mask can result in civil or criminal fines or penalties.  In a medical practice, even where not required by local authorities, masks may be required.  In fact, some of the state Boards of Medicine have adopted minimum standards for safe practice.  Those standards frequently include the requirement for both provider and patient to wear masks during all health care encounters.  Where the regulations or Board of Medicine standards require all individuals to wear face coverings, a health care provider is well within his/her right to enforce those regulations within the office where health care services are being provided and to discharge a patient who refuses to comply.  However, caution must be exercised when discharging a patient from a medical practice.

In general, the state Boards of Medicine do not require physicians to treat patients who are physically and mentally capable of wearing face coverings but refuse to do so.  But there are circumstances where a physician may have a duty to provide care and, in such instances, exceptions to the general rule may apply. read more

Lease Considerations – Acupuncture Practices

August 20th, 2020 by

real estate lease for medical buildingBy: Chase Howard

Reviewing a lease prior signing will save you extreme headache and cost in the long run. Landlords tend to act as if they have all of the power in negotiations and will make their own rules along the way. Lease negotiations are complex and involve significant business and legal considerations.

Here are guidelines to ensuring that your lease is reasonable and fair:

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Corporate Start-Up for Acupuncturists

August 19th, 2020 by

acupuncture law in floridaBy: Chase Howard

As an Acupuncturist in a private, solo-practice or group practice, proper start-up is key. Understanding how to set up your business properly with the State and IRS, developing a business plan, and understanding all requirements will help eliminate obstacles that will slow your growth.

When working with new acupuncture businesses, consider the following:

1. Corporate Structure

a. A company is considered a legal entity and recognized by both the IRS and the State. Depending on the number of owners and type of business, different options exist regarding entity type. Specifically, most healthcare professionals choose a limited liability company, corporation or a professional association. Once you choose the appropriate type of entity, you’ll want to meet with your CPA to discuss taxation of the entity and how that affects the owners personally.

2. Obtaining an EIN/TID

a. Before you can open a business bank account, or even do business in your city, you will need to obtain an Employer Identification Number or Tax ID for your business. Properly applying will save you time down the road with IRS tax issues.

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Florida and Federal Trademarking Differences

August 10th, 2020 by

trademark lawBy: Chase Howard

In a recent article, I touched on some of the reasons to consider trademark registration and what is required. Many people hear trademarks and might think only of the Federal registration through the United States Patent and Trademark Office (USPTO). Florida, however, also offers state level registration for marks that likely won’t qualify at the Federal level.

Trademark registration grants an intellectual property rights that help its owner protect a brand’s mark, logo, name or any other way that it conveys intangible property.

Trademark protection is available under both Federal and State law. Federal trademark protection allows the brand owner to protect their trademark in interstate commerce, while Florida registration allows trademark protection for marks only in the state of Florida. Florida law does share a lot of the same concepts and requirements of the Federal trademark requirements, however is limited only to protection in the State of Florida. Florida trademarks are less expensive and easier to obtain than Federal trademarks, but are superseded by a Federal trademark registration. read more

7 Types of Business Insurances Medical Providers Should Consider

August 10th, 2020 by

business insuranceBy: Steven Boyne

Let’s Talk Insurance. Beyond Malpractice insurance, what other insurance should I consider?

Every medical provider knows that you have to buy malpractice insurance, and they generally understand why they need it.  Another policy that every business has to have is Workers Compensation for their employees.  But beyond these two policies, what else should a business consider: read more