Q: It was revealed that employed doctors can be liable for their own actions. Does that mean if they code for services in a wasteful or fraudulent manner the examining doctor is liable and the practice owner is off the hook?
A: Not so fast. The attending physician is always liable for their actions as an employee related to compliance and definitely is responsible for every insurance claim submission with their name as the attending physician. The practice owner can and will be held liable if they are not in compliance with the applicable health care compliance laws, which would include holding their employed doctors to legal standards.
Q: You talked about using nonsense statements as passwords. What if a software program protocol still follows the old “eight characters, upper and lower case with a special character and number” protocol and will only use passwords generated by that protocol?
A: You should make every attempt to use a complex password system–the best being randomly generated, nonsense statements. If you are forced to use outdated protocols to make software work, you really have no choice. The software vendor mandate would likely be your defense in the event of a breach, but there are no guarantees the court will agree.
Q: You talked about remote workers. Explain again what the “employer of record” means.
A: If you personally employ an individual (employee or contract labor) in a country outside the U.S., you are liable as an employer to abide by the employee's HR laws in their country. That is a dangerous decision in our opinion. It is better to work with a company where the remote worker works directly for that company. As the “employer of record,” the company is responsible for all legal issues related to the individual’s employment. You are essentially “leasing” the employee from the employer of record.
Q: Our employee manual says employees cannot talk about what we pay them with other employees. We recently fired an employee for doing this, and it is causing a great deal of trouble for the practice. How is it legal for them to openly talk about their pay?
A: It is legal because that is what the law allows. The law, under the Equal Employment Opportunity Commission, has been in place for decades. Firing an employee over this issue would be an indefensible wrongful termination.
Q: You said I cannot use my current router provided to me at no charge by my internet provider? Did HIPAA change the law here?
A: The Office of Civil Rights has not enacted exact wording in the law to change what it considers “reasonable attempts” to protect patient information. Recent court cases have been based on the court considering business class routers and computer company built-in firewalls and the like to be “not reasonable.” The courts concluded the expense for high-level security systems was not an unreasonable expense for health care operators.
Q: Explain the minimum salary in the decision to pay an employee on a salaried basis.
A: To be classified as a salaried employee, you must pass both the Salaries Test and the Duties Test. The minimum salary for consideration was recently increased to just under $59K a year (about $28.50 an hour). That standard must be met before attempting to qualify for the Duties exemption.
Q: Is the Corporate Transparency Act still in effect?
A: At the meeting, we said it was. Compliance laws change quickly. On December 4, 2024, a federal court in Texas overturned the law. So it is currently NOT in effect.
Q: You said we should attempt to accommodate service animals. How can I know for sure the patient has a real service animal?
A: Essentially you cannot. The service vest can be purchased online with no documentation that it is for a real service animal. You cannot demand documentation that the animal is a certified service animal. You can ask the patient what particular service the animal provides to them. Beyond that, it is fairly easy for someone to scam you.
Q: You stated that everyone should consider boosting the medical care aspects of their practice because vision care reimbursement is going down. Don’t you think the American Optometric Association and other pressures will make them start reimbursing us in a reasonable way for exams and eyeglasses?
A: No—next question.
With that, you’ll have to wait until the next installment to read more billing and compliance questions and answers. Visit PCS here.
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