Law & Malpractice

See who the RACs are in your region.

Consent to Treat

Records Release Form

Use this letter if a patient consistently refuses to pay for services rendered, and you are forced to dismiss the patient from your practice.

Download this sample form to use with your medical practice's business associates to ensure private patient data protection and meet HIPAA regulations.

One partner wants to retire; the other two want to buy him out. The only problem: They can’t agree on the terms, and things are getting heated.

I am contemplating leaving a salaried position and starting a cash-only or cash/Medicaid outpatient practice without any hospital privileges. Am I obligated to provide 24 hour/365 day emergency coverage for my patients if I told them up front that I would not be taking call and had no hospital privileges?

In the current economic stimulus bill, large financial incentives are put in place for medical practices that use an approved EMR product.

One of your employees has succumbed to addiction. What should you do?

A patient owes a large balance, is aware of it, and instead of paying wants to transfer her records to another physician to avoid paying her balance. Are we allowed legally to hold her chart until she pays?

I would like to discontinue a doctor-patient relationship because the patient’s mother is unreasonably demanding. Is it legit to do it?

Are there any precedents for physicians losing insurance contracts because patients were billed for “administrative” or other noncovered services?

A physician uses her drug samples to help out needy patients, but worries she’s putting herself at risk. Who gets her goodies?

Trying to get a better deal from a payer? Hey, don’t laugh: It’s possible. But you’d better know your strengths and watch your language while at the negotiating table.

Cardiologist David Mokotoff remembers a patient who was demanding, abrasive, and obnoxious - and whose estate sued him for malpractice. The doctor’s biggest regret: That he hadn’t done better by old Dan.

As healthcare changes, so do patient confidentiality issues. Insurance companies aren’t the only ones demanding to see patient charts: lawyers, auditors, and even employers want a peek. Here’s our guide to navigating privacy issues.

A settlement has at last been reached in a long-fought lawsuit between physicians and insurers. But the outcome of the so-called Love case is at best a modest win for doctors.

We have been doing self-reviews of our charts and coding procedures. We’ve found several errors, meaning wrong codes billed for both inpatient and outpatient services. We aren’t sure if rebilling with correct codes will raise red flags with our payers. However, we all believe that catching and correcting our errors prior to the payers catching them would be our best bet. Are we opening ourselves up for problems, or are we being responsible and heading off future problems?

Each issue we’ll help you steer clear of hidden pitfalls. This month: Your favorite employee is sweet to you and patients, makes the World’s Best Brownies, and never takes a vacation. But is she robbing you blind?

Here are six myths about HIPAA that your medical practice may believe, but are actually false.

So, you’ve decided to contract out your expertise to practices as well as hospitals. Great. But do you know what your professional service agreement should look like? Here’s the scoop.

More payers - and even some employers - are hiring third parties to conduct chart audits on their behalf. Is this legal? What should you do if you receive such a request?

A medical-malpractice insurance company says it will offer discounts to cash-only and concierge-style physicians. The reason: They’re less likely to be sued.

Have you discovered that a physician (or other provider) in your practice may be putting patients at risk? You must act - but be careful about how.

Roughly two-thirds of U.S. physicians will be sued at least once during their careers. You need to know exactly what to do when it happens - before it happens. We show you how to prepare.

Have you ever wondered what price tag a valuation professional would put on your practice? The answer often depends on who’s asking - and why.

Build ’Em Right, Get ’Em Signed. Employment contracts are a must-have physician recruitment tool. But what should be in yours? What shouldn’t be? Here’s how to negotiate fairly with physician recruits.

It’s an individual mandate that most Americans must purchase auto insurance if they want to drive. But, mandatory health insurance? Is that the right way to reform healthcare? Read further to hear executive editor Bob Keaveney’s cogitations on this issue.

Think malpractice is your only potential legal liability? Sorry, but that’s not true. You’re an employer, too, and need to know the basics on laws governing your rights, and your employees.

One spine surgeon’s take on reducing your chances of being sued for malpractice.