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Laws & Rules


Florida Arrests for CBD Products Containing THC
Friday, 14 September 2018
The FCA has become aware of several non-chiropractic physician arrests in Palm Beach County and Broward County for selling, distributing and/or possessing CBD with any trace amounts of THC, including the legally allowed limit under Federal law of .03%.  No chiropractic physicians that we are aware of were arrested.
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PIP Case Law Update
Friday, 06 April 2018
Just recently, the Florida Supreme Court agreed to hear the issue regarding the application of the PIP deductible.  For years now, the county, circuit, and now appellate courts have issued varying opinions on how insurance companies should apply the PIP deductible.  To the provider’s office, it can mean a couple of hundred bucks on each patient carrying a PIP deductible.  To the insurance companies, it can mean millions.
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PIP AND EMCs the Court Rules
Wednesday, 22 February 2017

Third District Court of Appeal Upholds Lower Court Decision That the Disparity in EMC Evaluations Does Not Violate Equal Protection

Last week the Third District Court of appeal upheld a lower court decision stating it was lawful to preclude a chiropractic physician from performing an EMC determination under the PIP statute, finding that part of the PIP statute did not violate the equal protection clause of the Florida Constitution.  Progressive American Ins. Co. v. Eduardo J. Garrido, D.C., P.A. 

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PIP Update New EMC Case
Friday, 02 September 2016
Must a patient/insured obtain an EMC determination in order to have access to the full $10,000 in PIP benefits?  Or is it the insurer’s duty to obtain findings that it is not an EMC?

This week the Fourth District Court of Appeal held that YES, the patient/insured must have an EMC determination in order to access the full $10,000 in PIP benefits; that if there is no EMC or if it is silent, the patient/insured is capped at $2,500 in PIP benefits.  Medical Center of the Palm Beaches, d/b/a Central Palm Beach Physicians & Urgent Care, Inc., a/a/o Carmen Santiago v. USAA. To get the full picture and access the opinion, read on.

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Are You Prepared for Mandatory Section 1557 Compliance?
Monday, 15 August 2016
The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act went into effect on Monday, July 18, 2016. Section 1557 is intended to promote equity in health care and prevent discrimination on the basis of race, color, national origin, sex, age or disability in health programs or activities that receive federal financial assistance. Compliance requires posting certain notices in your office and there are consequences for failure to do so if you are not exempt.

Entities that are subject to the Final Rule include physician practices. Read on for a brief outline of the requirements and guidance on who is exempt from this rule.
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