QUESTIONS
The questions healthcare practices actually ask.
Short answers to the questions we hear most. They're general information, not legal advice for your situation. The answer almost always depends on the documents and the facts.
Is this arrangement legal?
Any time money, space, staff or equipment moves between people who refer patients to each other, federal and state referral laws can apply.
Can I sign this BAA?
Possibly, but vendor paper is written to protect the vendor. The terms on breach notice, subcontractors and liability are where the risk sits.
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We got a letter. What now?
Note the deadline, preserve your records, and talk to counsel before you reply. What you say first often shapes what happens next.
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Are my processes compliant?
Compliance lives in day-to-day processes: intake, documentation, billing and coding, privacy safeguards, staff supervision and credentialing. A compliance review checks how your practice actually operates against the rules that apply, and gives you a practical plan to close the gaps before an auditor or payer finds them.
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Can we offer this new service?
It depends on scope of practice rules, who will provide the service, supervision requirements, licensing, and in some cases DC Certificate of Need or Virginia COPN approval.
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Do my NPs or PAs need supervision?
The rules differ by state, by license type and experience, and for Medicare billing. Your billing structure has to match your supervision structure.
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Is this a breach?
Not every privacy incident is a reportable breach. HIPAA requires a documented risk assessment, and the notification clock may already be running.
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Who owns the medical records?
The practice usually owns the records, but patients have access rights and departing physicians often have claims. Your agreements should say who keeps what.
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How can I prescribe?
Prescribing by telehealth or online, and prescribing controlled substances, each bring their own federal and state rules. The answer often depends on where the patient is, not where you are.
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Should I sign this employment agreement?
Health-system offers often bury the important terms: compensation formulas, termination, tail coverage and restrictive covenants. Have them reviewed before you sign.
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Are we ready to bring in a partner or buyer?
Before a new partner, investor or MSO comes in, your structure, contracts and compliance should be ready for their diligence.
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