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Telehealth Services in Florida
By FCA Asst. General Counsel Kim Driggers   
Wednesday, 29 July 2020
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.  

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Massage Establishment License Relinquishing Your ME License
By FCA Asst. General Counsel Kim Driggers   
Thursday, 25 June 2020
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. 
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Requests for protected or sensitive information about a patient or your practice: Trust, but Verify
By the FCA Help Desk   
Tuesday, 21 April 2020
On occasion the FCA receives a call from a member questioning if they must release certain information.  For HIPAA purposes, the HIPPA Manual and the practice's policies and procedures address the permitted and required releases.  Usually, requests for protected or sensitive information comes from a known source or with the proper authorization for the release of information. However, there are occasions when a requestor of information may not be who they say they are, or have the proper permission.
Most of these suspect calls have been telephone requests to verify if a specific person is a patient with the practice.  These requests usually disappear when the caller is instructed to put their request "in writing" with the patient's authorization to release information attached.  Requiring a written request should be pursued whether or not the named person is/was or isn't/wasn't a patient.
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HIPAA Recent Court Decision Impacts Medical Records Fees Chargeable to Third Parties
By William Dillon, Esq.   
Friday, 21 February 2020
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. 
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Special HR Alert - New Form I-9
By the FCA   
Monday, 03 February 2020
The U.S. Citizenship and Immigration Services has released an updated Form I-9.  As of January 31, 2020, employers should begin using the Form I-9 posted on the USCIS website.  Read on to access the USCIS Website.
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