The FCA is thrilled to report its newest Member Benefit – the FCA's HIPAA Privacy and Security Manual. The Manual shares information, policies, procedures, law, forms and resources to assist you with making sure you are compliant when it comes to the HIPAA privacy and security laws. A few of the topics covered include the HIPAA general operating policies and procedures; patient consent; patient confidentiality; HIPAA privacy training; Business Associate policy; security awareness training; contingency plan / disaster recovery practice, to name a few. The Manual also contains Sample Forms such as, a request to access and/or copy health information form; confidential communication request form; notice of privacy practices template; business associate agreement; security incident form, to name just a few.

During the 2020 Florida legislative session, a bill was introduced to require written consent before the performance of a pelvic examination.  Numerous physicians and physician groups immediately voiced their concerns about the ambiguities within the bill as to the definition of “pelvic examination” and requested clarification from the Florida legislature, the FCA being one of them.  As of July 1, 2021, Senate Bill 716, Consent for Pelvic Examinations, clarified the intent of the prior Senate Bill 698, and better defined the terms of the requirements for written and verbal consent prior to performing a pelvic examination.  

Prior to the 2021 Legislative Session, Florida law did not make it a crime to provide medical treatment to a minor child without parental consent.  House Bill 241, effective July 1, 2021, changed the law and now makes it a misdemeanor of the first degree for physicians and other health care providers to provide medical services to a minor without first obtaining written parental consent.  

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.

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.

A new law passed by the 2019 Florida Legislature and signed by Gov. DeSantis, places new requirements on physicians related to Human Trafficking. HB 851 by Rep. Heather Fitzenhagen (R-Ft. Myers) & Sen. Lauren Book (D-Plantation) requires every physician to take a one hour continuing education course in human trafficking by January 1, 2021.  It also requires every physician to post a notice in the waiting room advising anyone affected by human trafficking to report it and requires a physician who holds a massage establishment license to appoint an LMT as the massage establishment manager. Read more for access to a poster from the Department of Health which meets the notice requirements.

Legislation passed during the 2019 Florida Legislative Session to amend Section 624.27, Florida Statutes, changing the terms Primary Care Provider to Health Care Provider and Direct Primary Care Agreement to Health Care Agreement, intending to allow specialists and dentists to also provide specialty care by entering into direct health care agreements. Gov. DeSantis approved the new law on June 18 and it became law on July 1, 2019. The FCA lobbied for chiropractic inclusion in the original direct primary care (DPC) statute in 2017 and provided a sample agreement at that time for member use. Read on for access to a new sample agreement that reflects changes made by the 2019 legislation.

FCA members now have access to a free and updated HIPAA Manual and corresponding Forms!

The National featured a packed session on PIP and BI, giving valuable updates and insights for those who want to work best within the current system and prepare for any change that could occur. It was my pleasure to be a part of that panel. Since my lecture at The National, I received three emails asking for information on the Florida Bar rule. The story is always the same: The patient received a settlement; the lawyer is wanting to pay me $.20 on the dollar; the lawyer is insisting I take it or I won't get paid; and what can I do about it?

The Seay Management Human Resources Management Checklist ensures that you implement "best practices" in terms of policies, procedures, manuals and documents to hire and retain good employees and motivate them to superior performance. Read more to access it.