“Health Law” is broad and interdisciplinary term used to describe an area of legal practice by which certain local, state and federal laws, rules, regulations and other jurisprudence regulate individuals, the health industry, and the delivery and financing of healthcare services. Many national and state boards and associations have created rules and regulations in order to protect rights of the public and those practicing or working in the healthcare industry. While these rules and regulations are not legally binding under the color of the law, many courts view these rules favorably and they hold great weight in courtroom proceedings.
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Under SB8A, a “qualified physician” is a person who holds an active and unrestricted license to practice medicine in compliance with the physician education requirements. In order to be approved as a qualified physician, the physician must successfully complete a 2-hour course and exam by either the Florida Medical Association or the Florida Osteopathic Medical Association. The exam will not cost more than $500. This requirement also applies to those seeking to become Medical Directors in medical marijuana treatment centers (“MMTC”).
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Contact Info: (917)912-8108 or JamaalJonesESQ@GMAIL.com Jamaal Jones, Esq. discusses Telemedicine and its Intersection with Mobile Health Apps and Wearable Tech. Please leave comments in the comments section and I will respond as soon as I can. For detailed answers to questions or to retain my services please contact me using the information provided above. Thank you.
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Physicians employed by hospitals, group practices, or any other type of healthcare facility usually enter into the business relationship by signing a Physician Employment Agreement unless the physician is an independent contractor. At Jones Health Law, we instruct all of our physician clients to carefully review their Physician Employment Agreement prior to signing. Many physicians believe that they can’t negotiate the contract. THIS IS NOT TRUE. Every section of the contract can be negotiated by your attorney. If you don’t approve of some of the terms contained therein you have to power to ask your prospective employer to change that provision so that it better suits you and your needs. Of course, the prospective employer may be unwilling to revise some of the terms of the contract, and at that point you have a very important decision to make. You have to decide whether these terms are deal breakers or not. Only you can decide whether you are going to take it or leave it. There’s no secret that there’s a shortage of physicians and it’s even more difficult to find physicians adequately suited and licensed in certain specialties. Use that to your advantage when you enter the negotiation process. Younger physicians may have more difficulty with negotiating contracts but it is not impossible. You want to place yourself in the best situation possible even if it means walking away from a prospective employer. Physicians must realize that while working for a specific healthcare facility may initially be a dream job it can turn into a nightmare later on. Terms of the contract can pose limitations on the physician for several years after their employment with that particular employer has concluded.
Views: 96 Jamaal Jones
Ambulance drones are the way of the future. People have a love hate relationship with drones. Some fear their preying eye into our private lives while others see their utility. Unfortunately, for those that wish them gone I have to tell you that in my opinion they are here to stay. In fact, the government is drafting various laws to protect the rights of individuals as the use of drones are rising steadily. They may seem like a thing of science fiction. We’ve seen movies where flying police robots aka drones are able to disperse crowds or take out targets. Drones come in all shapes, sizes, and functions. One of which is the ambulance drone and the possibility of entrepreneurs to turn these drones into a business is ripe if they can stay within the confines of applicable law. JamaalJonesESQ@Gmail.com (917)912-8108
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Clients often come to my office very excited about a new business that they are hoping to start or purchase from an existing owner. Many times they need financial help, the expertise and knowledge of someone else with experience in the industry, or a combination of both. As a Corporate Attorney, I’ve drafted numerous contracts and agreements throughout the years in an effort to protect my clients while they achieve their company goals. I can appreciate the different types of contracts and the terms contained therein in a way that some of my clients cannot. Sometimes I have to tell them to take step back and really consider all of their options so that they are happy with the arrangement for the duration of the agreement. For example, a client recently came to me asking to draft corporate documents for them, but also told me that they were looking for an investor to partner up with them for the acquisition of a restaurant. After discussing the pros and cons of having a partner vs. obtaining alternative financing (i.e. bank loan) we discussed the type of relationship they would like to enter into. I asked them if they would like to enter into a General Partnership or a Joint Venture with the prospective partner. This was not something that they considered and they didn’t have a clue about what I was referring to. I thought that it would be useful to highlight the major differences between the two in this post.
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Contact Info: (917)912-8108 or JamaalJonesESQ@GMAIL.com Jamaal Jones, Esq. discusses How Physicians can bill up to 15% more for "incident-to" services that are provided by ARNPs and PAs working in a physician's practice. Watch this video to learn how to bring more money into your practice. Please leave comments in the comments section and I will respond as soon as I can. For detailed answers to questions or to retain my services please contact me using the information provided above. Thank you.
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Hospice means a public agency or private organization primarily engaged in providing hospice care. Hospice care includes palliative care and they are used in unison by an interdisciplinary group to provide physical comfort and emotional and spiritual support to terminally ill patients and their families. Hospice care is focused on caring for the patient and not curing them. Let’s face it, hospice is grim and the outlook is bleak, but that doesn’t mean that you shouldn’t be prepared for it. In order to do so, it is important to determine how the law may affect your loved one’s eligibility, patient rights, and duration of benefits for hospice care. www.JonesHealthLaw.com Office: (305)877-5054 Cell: (917)912-8108 Email: firstname.lastname@example.org
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E-FORCSE requires dispensers of controlled substances to report, within seven days, information regarding the prescriber and the patient for any prescription filled for controlled substances. Specifically, a patient’s demographic information, DOB, gender, as well as the prescriber’s demographic information, DEA number, NPI number, and license number must be reported. Additionally, dispensing information such as the dispenser’s DEA number, Rx number, date written, date filled, refill number (if applicable), NDC, quantity/strength dispensed, and payment type must also be reported. The failure to report a controlled substance willfully and knowingly as required by section 893.055 Florida Statutes constitutes a first-degree misdemeanor. http://www.joneshealthlaw.com/florida-pharmacists-must-use-e-forcse-to-combat-opioid-abuse/ For more information contact us at: Office: (305)877-5054 Cell: (917)912-8108 Email: email@example.com Web: www.JonesHealthLaw.com Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw LinkedIn: Jamaal Jones Address: 3390 Mary Street, Suite 116, Coconut Grove, FL 331333
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Physicians may be determine that it is in their best interest to sell their medical practice for various personal and business reasons. A few of the reasons may chose to sell are because: (1) they are retiring; (2) relocating to another city/state; (3) maintaining the practice is too much of a burden/stress; (4) they are physically unable to meet the demands; (5) lower reimbursement rates; or (6) someone simply made them an offer that they couldn’t refuse. Regardless of the reason why a physician may choose to sell their practice there are certain business and legal considerations that they should factor into the decision process.
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Throughout Florida, a healthy number of licensed healthcare practitioners and healthcare entrepreneurs are joining or investing in multi-disciplinary practices for numerous reasons. The primary reason for their foray into this modern approach to the delivery of medicine is usually due to the rising costs of administering treatment. They are attracted to the idea of increasing revenue, minimizing administrative duties, and partnering with like-minded individuals that may grow their individual practice. However, there are several business and legal challenges that members of a multi-disciplinary practice must consider prior to participating in the practice.
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Jamaal R. Jones, Esquire Jones Health Law, P.A. Office: (305) 877-5054 Email: JRJ@JonesHealthLaw.com Website: www.JonesHealthLaw.com "On-Call Legal Services for Healthcare Professionals" Prescription drug companies and alcoholic beverage companies spend millions of dollars annually on researching, testing, and marketing their products. Typically, illegal drug dealers don’t spend millions (if any) money on research, testing, and marketing of their drugs. Regardless of the difference in the amounts of money spent by companies and dealers to attract consumers to purchase the products that they sell -- these companies generate significant revenue and profits year after year. Despite many warnings, consumers of these products often become addicted to drugs and alcohol. Savvy entrepreneurs realize that millions of Americans are seeking treatment but desire exclusivity, privacy, and in many cases luxury. Rehab center owners market their rehab centers and tout their luxury accommodations and private shuttle services to name a few of the amenities. Visitors seeking treatment for substance abuse pay for their treatment: (1) out-of-pocket; (2) through private insurance companies; or (3) federal program payors, such as Medicare. The cost for treatment varies greatly. There are luxury rehab centers but on the other end of the spectrum there are no-frills treatment centers without all of the extras. If you multiply these fees by the number of people seeking treatment you quickly realize how profitable drug and alcohol treatment can be. However, entrepreneurs looking to break into the big business of substance abuse rehab centers shouldn’t be blinded by the potential pot of gold waiting for them because fines and penalties for improper operation of the facility may put your company out of business. Owners and operators of these rehab centers must ensure that they are complying with applicable Florida laws or they will face penalties and fines.
Views: 79 Jamaal Jones
Multidisciplinary medical practices are becoming more popular among chiropractors for numerous reasons. Establishing a multidisciplinary practice can increase a chiropractor’s revenue stream through its contractual relationship with other healthcare providers, such as Medical Doctors, Physical Therapists, And Osteopathic Doctors just to name a few. There have been several changes by insurance companies in the area of personal injury and worker’s compensation, which has affected chiropractor’s reimbursement. A multi-disciplinary medical practice is established when two or more healthcare providers integrate their practices. The most common example is when a medical doctor integrates her medical practice in to the practice of a chiropractor.
Views: 225 Jamaal Jones
In 2009, blockchain stormed on the scene as the foundation for swapping digital currency. Blockchain is a permanent record of online transactions or exchanges that are logged publicly and in chronological order with corresponding time-stamps. Data security and data interoperability are two of the most popular uses for blockchain in healthcare, but there is the potential for many other applications. Blockchain can be used to create a uniform database of protected health information (PHI) that is easily accessible by healthcare providers regardless of the type of electronic health systems that they use.
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If your medical practice provides free transportation for its patients – beware! Providing free transportation to patients or their family members may impose legal liability. On March 6, 2009, the Department of Health and Human Services, Office of the Inspector General (“OIG”) issued an Advisory Opinion providing some further clarification on the provision of complimentary local transportation by healthcare facilities. In general, providing free transportation services to patients could create problems since it implicates both the civil monetary penalty (“CMP”) law and the anti-kickback statute. Legislative history shows that Congress did not intend to impose penalties for free local transportation of nominal value, which the OIG has interpreted to be no more than $10 per trip or $50 per patient in the aggregate annually. .
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Most doctors have various licenses that provide them with unique identification numbers. If any of these identification numbers find their way into the wrong hands it can be detrimental to the healthcare provider’s practice, their patients, and the public. Doctors hire support staff to run their practice efficiently by perform tasks that they don’t have time to do or don’t have the training to perform. This employer-employee relationship requires a certain level of trust from both parties because a bad act by either party can have a negative impact on the other party’s license, privileges, or reimbursement for services. Some of the support staff working in a doctor’s office may have access to HIPAA-protected information and a doctor’s unique identification numbers, such as his NPI and DEA numbers. What should you do if one of your employees steals your DEA number and uses it to self-prescribe controlled substance through e-prescribing or traditional prescription pads? What if they use your DEA number to order controlled substances for the practice without your knowledge or consent? Doctors should also be concerned with their potential liability for the unauthorized use of their DEA number.
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Over the years many providers have come to my office expressing an interest in owning a medical practice, healthcare facility, or healthcare business. During these meetings, it is important to obtain pertinent background information about the healthcare entity followed by a discussion about some of the regulatory and licensing issues that may arise. Equally important is determining how the healthcare entity should be structured for asset protection and tax purposes. A corporate healthcare attorney like myself can determine whether it is best for you to create a corporation, LLC, or an LLP.
Views: 79 Jamaal Jones
Contact Info: (917)912-8108 or JamaalJonesESQ@gmail.com or visit JonesHealthLaw.com Jamaal Jones, Esq. discusses what Physicians should look for in their Physician Employment Agreements prior to signing so that they can negotiate terms of the Agreement that are unfavorable to the Physician. Watch this video to learn how to receive more vacation time, greater compensation, and shorter restrictive covenants. Please leave comments in the comments section and I will respond as soon as I can. For detailed answers to questions or to retain my services please contact me using the information provided above. Thank you.
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Cryptocurrency is a virtual currency designed to work as a medium of exchange. Healthcare providers can save money by using blockchain technology and cryptocurrency. Providers can reduce or eliminate banking fees since cryptocurrency bypasses the middleman, which in this case is the banking institution. The money saved can be significant and might be used to purchase new equipment, remodel the office, or stored in the practice’s digital wallet to hopefully accrue value and interest.
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As you may be aware, On November 8, 2016, Florida voters approved the use of Medical Marijuana in a constitutional ballot initiative called Amendment 2. This Amendment approved the use of Medical Marijuana in treatment for patients who suffer from specific debilitating medical conditions. These debilitating medical conditions include, but, are not limited to, cancer, AIDS, PTSD, glaucoma, Parkinson’s Disease, epilepsy, and Crohn’s disease. Physicians may also prescribe Medical Marijuana for “other debilitating medical conditions of the same kind or class” as those mentioned above and “for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.” Those looking to do business in the medical marijuana industry must proceed with some caution because even with the passage of Amendment 2 marijuana is still considered a controlled substance consumption of which is illegal under federal law creating several barriers to entry into the industry.
Views: 86 Jamaal Jones
Medical Malpractice Insurance is an essential part of any physician’s practice. According to the American College of Physicians, “Medical Malpractice” insurance is a specialized type of professional liability insurance that covers physician liability arising from disputed services that result in a patient’s injury or death. Injuries may present themselves immediately or at some time in the future. Malpractice insurance requirements will vary depending upon several factors including, but, not limited to how long you have been practicing, the size of your practice, specialty, prior claims filed against you, etc. Many providers receive their malpractice insurance through their hospital employer while independent physicians must purchase their own. You should carefully examine your insurance policy to determine whether your coverage is for “claims-made” or “occurrence”.
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If you are discharged from a medical residency program it is important to examine the language contained in the hospital policies and procedure manual. In the manual it will explain the procedure for internal disciplinary action taken against hospital staff, which may require a mandatory board hearing depending on the alleged infraction. Prior to the board hearing, a neutral intermediary may be utilized so that direct communication between the hospital and the resident is limited. The disciplinary board may be comprised of a three-person panel where you can choose to present your defense. I would advise against signing any documents presented to you by the hospital after you have received written notice of the disciplinary hearing until you have spoken to an attorney with experience in health and employment law.
Views: 39 Jamaal Jones