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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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Government Required Posters for Your Office
By the FCA Help Desk   
Tuesday, 07 January 2020
The FCA receives calls from members on a regular basis, stating that they have received promotional mail offering up-to-date versions of one or all of the “posters you are required to display in your office” for a significant fee. Sometimes the poster service will tout a poster that isn’t even required by law. 
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The New Human Trafficking Law and Designated Massage Establishment Managers
By FCA Asst. General Counsel Kim Driggers   
Thursday, 05 December 2019
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. 
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