Healthcare Compliance
Am I breaking the law?
How many times have you asked yourself these questions:
- Does this referral of Designated Health Services violate Stark Law, or does it fall into one of the exceptions?
- Is the compensation that my practice is paying an independent contractor physician a breach of the Anti-Kickback Statute? Is there a safe harbor that applies?
- Does my clinic (or group practice or hospital) have a financial arrangement that violates my state’s fee-splitting law?
The maze of prohibitions under the False Claims Act and other federal and state statutes is complex. But failure to comply can lead to fines, civil liability, and even criminal prosecution. You must not take these laws lightly.
Physician Employee or Physician Independent Contractor?
Are there physicians working in your practice as independent contractors? Have you classified them correctly?
The question of classifying workers as employees or independent contractors is one of the most intensely debated legal questions of the day. The stakes are very high, for workers, businesses, and governments. Employers are attracted to the tax savings and liability avoidance that independent contractors offer. But governments, smarting from billions of dollars of lost tax revenue, have escalated their enforcement efforts dramatically over the past decade.
The current enforcement climate is very hot. Federal and state governments have embarked on a campaign of heightened scrutiny, higher audit numbers, and revisions to existing laws. If you’re caught misclassifying your workers, you may suffer civil and even criminal liability.
How do I comply with HIPAA?
Bringing your practice into compliance with HIPAA is more urgent than ever. The compliance deadline was back in 2013, and the government is stepping up enforcement. (Don’t fall prey to HIPAA misconceptions!)
Complying with HIPAA can be difficult, but it is not impossible. The statute is designed to scale up and down with the size of the covered entity. A solo practice’s obligations under the Privacy Rule and Security Rule are not the same as a hospital’s. But no matter how big or small your practice, clinic, medical center, or hospital, your compliance efforts must not be just a “nice try.” And whatever you do, don’t just throw your hands up and ignore HIPAA.
Don’t fall into the trap of taking random stabs at various compliance items that you’ve heard about. HIPAA compliance takes a serious plan, tailored to your practice. It takes a systematic effort led by someone who understands how to satisfy HIPAA’s demands in a way that works for you.
I’m being audited. Help!
Don’t panic. Although ideally, you would already have built a relationship with a healthcare lawyer who would know your practice inside-out and would have guided you to full legal compliance, the best thing you can do now is contact an experienced, responsive healthcare attorney to help you put your best foot forward.
The Reinstein Law Firm, PLLC can help.
We can help you comply with HIPAA, Stark Law, the Anti-Kickback Statute, fee-splitting laws, and more. Don’t wait to be investigated. Let’s get started today.
