In the business world, medical practices face a unique set
of challenges. In addition to the normal issues involving employees, contracts,
and collections, they have the added responsibility of caring for patients
while protecting their privacy. This is where an attorney who specializes in health care
comes in. Not only can a good lawyer help with the business side of owning and operating a
practice, but the distinctive needs of the medical industry can be addressed. In
the current atmosphere, privacy and protection of medical and personal
information is of the utmost importance. Each practice must evaluate the way it
is operating and learn the best and most effective ways to follow a set of laws
that are always evolving. Doctors and staff can look to a trusted firm to help navigate
their practice through the world of business and the world of HIPAA (Health Insurance Portability and
Accountability Act).
According to the website for the US Department of Health and Human Services, the Office
of Civil Rights (OCR) has documented over 70,982 HIPAA complaints since April
2003. Of those complaints, the most common offenders are private practices. Unlike
large hospitals and groups, private practices have the most to lose by breaking
HIPAA laws. A large fine can decimate a smaller practice. Recently, a
Cardiac Surgery practice in Phoenix was fined $100,000 for non-compliance. Other
fines issued to various companies in the health care arena have been upwards of
$800,000 to $2 million, depending on the seriousness of the breach. The simplest way to avoid falling victim to the same thing is to hire a firm that can guide
the practice in adhering to the strict policies set forth by HIPAA. Doing so can
be the difference in success and financial ruin. All it takes is one complaint
to start an audit.
A health care attorney will walk the practice through day to
day factors that can be problematic, as well as obscure issues that may arise
infrequently. Issues range from limiting accessibility to patient information by
computer, to turning sheets of paper over that have protected information on
them. While one seems obvious and the other effortless, both are easily
remedied. Left unattended, both can get a practice into trouble. Compliance is not optional
and is not avoidable. A practice must take steps to understand and carryout the
mandates set forth in HIPAA, or it is sitting in a very precarious position
going forward. The only way to be above reproach is to make sure that all
doctors and staff are above reproach. The best way to do that is to hire
someone whose job it is to understand every complicated detail of health care
law. Hiring an attorney is a best way to maintain the health and well being of
every medical practice.
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