In response to questions raised by physicians around the state, the Texas Medical Association Office of General Counsel and the TMA COVID-19 Task Force have drafted a new white paper and a letter addressing physicians’ legal and ethical responsibilities to patients.
The “Legal Pitfalls of Patient Termination” white paper is a detailed document that physicians may find useful in numerous situations.
TMB to Extend Expiring Medical Licenses to Aug. 31
HIPAA Privacy and Novel Coronavirus (HHSC)
Key OSHA Standards for COVID-19 (US Dept of Labor)
In a medical practice, physicians, administrators, managers, and other staff may all be responsible for maintaining compliance with state and federal laws and regulations. The Texas Medical Association offers several resources, tools, and even discounts on compliance services to help keep your practice compliant.
The delays are done. March 2020 is here, and by law, physicians now must check PMP Aware – the state’s prescription monitoring program (PMP) – before issuing any opioid, benzodiazepine, barbiturate, or carisoprodol prescription.
Recent questions about Compliance:
I think a HIPAA breach may have occurred. What do I do now?
Can offer discounts to my patients?
Am I required to provide an interpreter for my limited English proficiency patients?
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The Security Risk Assessment Tool by the ONC is a free tool designed to help practices with one to 10 physicians identify their risks and vulnerabilities with electronic protected health information (ePHI) and then implement appropriate security measures.
Enroll in Proactive LifeLock® Identity Theft Protection You have a home security system that alerts you if someone tries to rob your house. To be protected, you need an alarm system for your identity. compliance.
Some of your employees may have become newly eligible for overtime pay on Jan. 1.
The U.S. Department of Labor has increased the minimum salary for exempt employees to $684 per week – $35,568 annually – from the previous level of $455 per week ($23,660 annually). Any employee earning less than $684 per week is automatically nonexempt and thus eligible for overtime pay.
The federal requirements have not changed, but starting Jan. 1, breach notification requirements became even more stringent for Texas physicians or medical entities. The Texas Legislature dropped the threshold for breach reporting from 500 patients to 250. House Bill 4390 also requires medical entities to report breaches to the Texas attorney general’s office within 60 days of the breach.
Federal anti-kickback law has changed, and it’s gotten broader.
As a result, you may need to re-examine your practice’s compensation arrangements. That includes payments for laboratory referrals.
With the DocbookMD mobile app, a regional network of physician colleagues is at your fingertips for consultation, referrals, and HIPAA-compliant information exchange - all in the blink of an eye. Download for iPhone, iPad, or Android now.
Minimize the risk your medical practice faces by establishing or maintaining an effective compliance program for HIPAA and coding and documentation practices.
Start now and gain the knowledge needed to achieve compliance. View all of the compliance courses available on the TMA Education Center.
TMA has a wealth of information available to members in our various white papers on compliance and legal topics. Learn about consent for treatment of minors, DEA investigations, access to medical records, termination of the physician-patient relationship, and many more topics.
View the White Papers