Articles Posted in Healthcare Information

HIPAA-Breaches-Healthcare-Students-e1615468812558-300x199Our healthcare and business law firm works with many medical spas to ensure compliance with state and federal laws, rules, and regulations.  Recently in Georgia, the Georgia Board of Nursing published two long-awaited position statements; one on “Cosmetic/Aesthetic Procedures,” and the other on “IV Hydration.”  This blog post discusses the Nursing Board’s position statement on Cosmetic/Aesthetic Procedures.  Even if your practice is not in Georgia, it is helpful to consider the perspective of different states because state licensing boards will often consider other published positions when developing policies and positions.  If you need assistance understanding how either position statement impacts your practice or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Prior to discussing the substance of Nursing Board’s position, here are some important points: Continue reading ›

shutterstock_1440454943-scaled-1-300x200Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations for given procedures, treatments, and prescriptions.  A hot topic and sometimes controversial category of drug right now is weight loss drugs (also called weight management drugs).  A provider should generally prescribe a drug or treatment pursuant to a patient-provider relationship when the drug is medically necessary and appropriate, but some states have laws and rules specifically governing prescribing weight loss drugs.  If your state has rules or guidance on prescribing weight loss drugs, it’s important, of course, to follow that guidance.  Unlike our firm’s look into Florida’s weight loss statute, blog post available here, this blog post examines what to consider when a state does not have specific weight loss rules by using Georgia as an example.  If you need assistance understanding your state’s guidance on weight loss treatments or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

If your state has no specific weight loss statute, such as the statute we previously examined in Florida, where do you turn?  Below is an idea of where to start:

  1. Are There Relevant Statutes or Rules?

Continue reading ›

opioid-painkillers-crisis-and-drug-abuse-concept-o-49X49YX-e1676319930781-300x169Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations for given procedures, treatments, and prescriptions.  A hot topic and sometimes controversial category of drug right now is weight loss drugs (also called weight management drugs).  A provider should generally prescribe a drug or treatment pursuant to a patient-provider relationship when the drug is medically necessary and appropriate, but some states have laws and rules specifically governing prescribing weight loss drugs.  If your state has rules or guidance on prescribing weight loss drugs, it’s important, of course, to follow that guidance.  This blog post outlines potential state guidance using Florida’s weight loss statute as an example.  If you need assistance understanding your state’s guidance on weight loss treatments or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Some states have not taken any public stance on weight loss drugs.  But if the state in which you practice has published such guidance, then it is important to follow it.  Furthermore, even if your state has not taken any public stance, it may be useful to review guidance from other states to create “best practices.”  Let’s examine the Florida statute governing weight loss treatment. Continue reading ›

nurses-and-docs-e1681928313827Our healthcare and business law firm often represents medical practices, including primary care practices, specialty practices, and med spas, in the initial set up phase of their practice.  Whether a Management Services Organization (“MSO”) is necessary or advisable for your practice usually requires a detailed review of your business structure and state laws.  If an MSO is advisable for your practice based on the Corporate Practice of Medicine (“CPOM”) doctrine in your state, this post provides 3 key provisions that should be within your Management Services Agreement (“MSA”).  If you have medical practice set up or MSO questions or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

As discussed in previous blog posts, including 2 Facts About Management Services Organizations (MSOs) and Med Spas, Management Services Organizations can be useful in CPOM states to provide all non-medical functions of the business while contracting with the Physician Entity to provide all medical functions. The MSA that outlines this agreement is typically a lengthy and involved document, but here are three key provisions that should be contained within the agreement: Continue reading ›

health-medical-e1680627379406Our healthcare and business law firm works with healthcare providers and businesses like  IV hydration therapy practices.  The IV hydration therapy industry has grown drastically over the past few years.  Some states and medical boards have developed laws and rules governing IV Hydration Therapy practices.  On August 15, 2023, the South Carolina Board of Medical Examiners, Pharmacy, and Nursing published a joint opinion on Retail IV Therapy Businesses.  The language used and sanctions referenced reveal that the South Carolina Boards are critically reviewing IV therapy businesses.  At one place in the 10-page opinion, the Pharmacy Board compared the “patient-drive menu” in many IV therapy practices “to a fast-food restaurant.”  Reading between the lines of the advisory opinion, it is likely each board will begin cracking down on IV therapy practices.  A full version of the Advisory Opinion is available here. We recommend you read the entire opinion if you have or are starting an IV therapy business in South Carolina.  This blog post starts our review of the Advisory Opinion and outlines whether IV therapy is the practice of medicine.   Forthcoming blog posts will dive deeper into different aspects of the opinion.  If you have a question about South Carolina’s rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

  • What lead to this opinion?

After reviewing the opinion, it is clear that each South Carolina board believed this opinion necessary for four main reasons: Continue reading ›

HealthcareImage_062618-700x525-1-e1682709849274Our healthcare and business law firm works with healthcare businesses to assist in compliance matters, including the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (HITECH) Act.  The HITECH Act was designed to strengthen HIPAA in many ways.  A question our healthcare business-owning clients often have is whether patients with insurance can choose to pay cash instead of billing to insurance.  This post focuses on what the HITECH Act states on this subject.  If you have a question about the HITECH Act or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

  • Summary of Self-Pay Rule

Congress passed the HITECH Act in 2009. It provides in part that health care providers must honor a patient’s request—even an insured patient’s request—to pay out-of-pocket for services, and thus not have their Protected Health Information (“PHI”) shared with third parties like billers or insurers—if the patient requests it. The patient, however, must pay in full 42 U.S.C. 17935(a). Continue reading ›

Legal-cases-and-rulings-lower-courts-FHPAF-scaled-e1695156255815Our healthcare and business law firm consistently works with physicians who are dealing with complications resulting from adverse reporting to the National Practitioner Data Bank (“NPDB”) as well as entities in deciding what reports may be appropriate for certain situations.  Whether you are on the side of the provider or reporting entity, it is important to understand the types of NPDB reports that are permitted.  This post outlines the four types of reports. If you have a question about the NPDB or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Each reporting organization has the ability to submit four types of reports: an Initial Report, a Correction Report, a Void Report, and a Revision-to-Action Report.

Initial Report

An Initial Report is the first report of a medical malpractice payment, adverse action, or judgment or conviction that is submitted by a reporting entity to the NPDB.  Copies of an initial report are provided to the subject and reporting entity.  Certain reports must also be reported to an appropriate state licensing board.    Continue reading ›

hearing-loss-older-adults-inline-e1688417272253Our healthcare and business law firm works with numerous medical practices in compliance and regulatory matters.  Many medical practices are unaware of the requirements of the Americans With Disabilities Act (“ADA”), and in particular the requirements to accommodate individuals with auditory disabilities (including individuals who are deaf or hard of hearing).  The ADA does not just prevent disability discrimination by employers.  Title III of the ADA applies to “public accommodations.”  A public accommodation is a business that is open to the public or provides goods or services to the public and specifically includes a “professional office of a health care provider.”  28 CFR 36.104; Guide to Disability Rights Law, ada.gov.   This post provides an overview of the ADA’s auxiliary aids and services requirements and how they apply to medical Practices.  If you have questions regarding this blog post or would like to speak with counsel regarding your medical practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

  1. Medical Practices Must Take Proactive Steps in Certain Situations

The general auxiliary acts and services rule applicable to medical practices is: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.”  28 C.F.R. 36.201.   As related to auxiliary aids or services, full and equal enjoyment means (a) a patient cannot be refused access because of his/her disability, (b) effective communication modalities (i.e., auxiliary aids or services) are required, and (c) when necessary to accommodate a patient’s needs, the practice must reasonably modify policies, physical space, and procedures.  28 C.F.R. Part 36. Continue reading ›

aba-therapist-play-therapy-young-boy-e1690574727628Our healthcare and business law firm works with many behavioral health providers in establishing and operating their ABA associated businesses.  We have a particular focus on such companies and will be producing a series of helpful articles to assist providers in navigating various operational and business hurdles to ensure they are able to effectively treat their patients.

If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Introduction

Payment and claims audits for ABA providers are becoming increasingly more common given the rising number of patients being cared for with autism and related disorders. For most ABA providers, an audit is no longer a probability but a certainty. Continue reading ›

1651676570_Transworld-May-Blog-Header950x460-e1686600049528As a healthcare and business law firm, we have many clients who participate in or wish to participate in pain management clinics.  A previous blog post of ours provided an overview of pain management clinics.  When it comes to selling a pain management clinic, there are certain questions to consider. This post provides a look into 3 questions to ask when selling your pain management and the answer to those questions.  Please note, there are numerous considerations when selling a medical practice that apply to pain management clinics as well, but this post focuses only on pain management considerations.  If you have questions regarding this blog post or would like to speak with counsel regarding selling your practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

In 2013, Georgia legislatures enacted House Bill 178 (“HB 178”) known as the Georgia Pain Management Clinic Act.  The act requires pain management clinics to obtain a license from the Georgia Medical Board and limits who can own pain management clinics.  These requirements add questions when it comes to selling a pain management clinic. Continue reading ›

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