A comprehensive telehealth bill was passed during the 2019 legislative Session, creating Florida Statute 456.47. The FCA was highly engaged on this issue to ensure that chiropractic physicians were treated equally under this new law. During the COVID-19 pandemic, you have seen an uptick in telehealth services. However, the type of chiropractic telehealth services allowed, billed, and reimbursed, are still not consistently applied between payers.
The following serves as a summary of the newly created (2019) Section 456.47, Florida Statutes (Telehealth). A large part of the law defines how out of state providers may conduct telehealth services in Florida. This law applies to Florida physicians and does not apply to how telehealth services are allowed in other states.
Before going “all in” with Telehealth, you must understand the state laws and payer limitations for telehealth services. Also consider your Consent to Treat and updating it for telehealth services.
It has come to our attention that some members are receiving notices from the Department of Health upon nonrenewal of their massage establishment (ME) license. The letter asks you to sign a statement if you are relinquishing your license. That statement reads that you, “agree to cease practicing immediately.” The FCA is working with the DOH to try and rectify the language of this relinquishment statement which is otherwise misleading. Read on for steps to take in the interim.
On January 28, 2020, the HHS Office for Civil Rights posted a notice regarding “Individuals’ Right of Access to Health Records.” The notice was in reference to a recent court order entered by the United States District Court of the District of Columbia in the case of Ciox Health, LLC, v. Alex Azar, et al., No. 18-cv-0040 (D.D.C. January 23, 2020). The Court’s opinion, which is heavy in its discussion of the application of the Federal Administrative Procedures Act, declared as unlawful HHS’s position with regard to the charging of fees for medical records directed to third parties. The opinion also addressed the format in which medical records are directed to third parties. Of particular interest to covered entity medical providers and medical records copying companies is the Court’s opinion that HHS’s 2016 Guidance relating to the charging of fees for medical records directed to third parties is unlawful.
The 2019 Legislative Session passed a good bill on Human Trafficking which purpose is to reduce the significant human trafficking problem in Florida, the third leading state for it in the U.S. All physician offices, massage establishments, and the hotel industry were impacted by the bill. An unintended consequence of the bill impacts those chiropractic offices holding a massage establishment license.
Florida's new human trafficking law requires healthcare professionals to learn about human trafficking to be able to better recognize it, and to educate their staff with signage in their office. READ ALL ABOUT IT in the FCA Journal issue just mailed to all FCA members and which you should receive during the week of November 11th. The FCA has made it easy for members to comply. Read on for more details and for access to the required poster/signage.
