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Laws & Rules
Patient Records Retention, Termination or Relocation of Practice, Death of a Physician
By Paul Lambert, FCA General Counsel   
Thursday, 08 January 2015

Q. How long must a doctor keep records? What is required when a doctor dies, retires, closes or sells the practice?

A. Records must be maintained for six years following the death or retirement of a physician, or the termination of a practice.

Two slightly conflicting Florida Statutes, a Rule of the Board of Chiropractic Medicine (BOCM) and HIPAA and Medicare regulations must be consulted to answer the question.

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New Development: No Rescreening for Chiropractic Massage Establishment Owners
By Paul Lambert, FCA General Counsel   
Wednesday, 10 September 2014

Chiropractors choosing to accept non-patients for massage and keeping the massage establishment license will not need to again be fingerprinted and have a criminal background check by January 31, 2015. The Department of Health originally took the position that any physician fingerprinted and screened prior to January 1, 2013 would need to be fingerprinted again, because it was thought that the pre-2013 fingerprint and screening records are not available.

On September 8 the department notified the FCA that the pre-2013 records are available and will be used.

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Clarifying the Confusion on Massage
By Paul Lambert, FCA General Counsel   
Friday, 05 September 2014

Do you need a massage establishment license, fingerprinting, or a criminal background check if you do massage in your office?

      The Department of Health has sent letters to each massage establishment licensee advising that each person with an ownership interest in a massage establishment must be finger printed and have a criminal background check by January 31, 2015 based upon a bill that passed the 2014 Legislature. The letter  does not mention that physicians may be exempt from that requirement or massage establishment licensure altogether. However, the Department assures me that a memorandum is being mailed explaining the exemption. Following is a discussion of the bill and exemptions from it.

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The truth about Florida DCs using lumbar braces
By James Antos, D.C., DABCO   
Wednesday, 03 September 2014

There is a lot of confusion and misinformation these days about Florida Chiropractors being able to use lumbar braces (and other orthotics for that matter).  Many manufacturers and distributors are asking me why many Florida Chiropractors think they must get an additional certification from ACHA (Agency for Health Care Administration).  It appears that many DCs think that the requirement for being certified by AHCA for utilizing TENS units (which is true) also applies to orthotics like lumbar braces.

Here is the truth and here is the documentation to back up the truth.

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Laboratory Payments to Physicians OIG Special Fraud Alert
By FCA   
Friday, 01 August 2014

By Kim Driggers, Esq., FCA Assistant General Counsel

On June 25, 2014, the Office of the Inspector General for the United States Department of Health and Human Services (the OIG), issued a Special Fraud Alert regarding two types of compensations arrangements paid by laboratories to referring physicians and physician group practices for blood specimen collection, processing, and packaging, and for submitting patient data to a registry or database.  The OIG cautions the potential misuse of the anti-kickback statute stating, “Arrangements providing free or below-market goods or services to actual or potential referral sources are suspect and may violate the anti-kickback statute, depending on the circumstances.”  As a result, Physicians should be leery of any arrangement in which a clinical laboratory is making payments to the physician.

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More...
  • Chiropractors Exempt From Massage Establishment Regulation Effective July 1, 2014
  • Board of Chiropractic Medicine Makes Decision on Groupon
  • Prepaid Services Must Comply with Licensing Laws and Rules
  • Inactive or Retired License: Use Caution
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