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Reps and Warranties, less sexy than purchase price, but more important?

Days off for Covid still required?

Moving towards Universal Health Records?

Offshoring billing/coding ok?

More Tax Changes - Employee Retention Credit no longer "irrelevant"

Snow day, pay day?

Earn Outs, Earn Outs everywhere - but are they legal and are they fair?

Paying An Employee for Snow Day?

Reminder for HIPAA Breach Report - deadline approaching

Can I Require Employees to Take the COVID-19 Vaccine?

With the start of a new year, where do we stand with Federal and State COVID-19 Paid Sick Leave Laws?

Form an entity for Asset Protection?

Ghosting patients ok?

PPP and Selling my Practice

Time to Update Partnership Agreement (shareholder, partnership, operating agreement)?

New space, good deals?


Security Risk Assessment and Voluntary Reporting time

COVID-19 Return to Work Requirements Refresher

Letter to President’s Covid Advisors - want to share your perspective on our nation’s course?

It's that time of do Security Risk Assessment

FOLLOW UP ON Pass-thru Charge on PPE - CPT 99072

Waiving Copays as a Policy OK?

Pass-thru Charging Patients for PPE ok?

Attention All NY Physicians! New OPMC Signage Requirements

WEEKLY RECAP - New Webinars - PPP Loan Forgiveness, Benefits-Leave with Jennifer and Healthcare Collections with Kathleen and Laura

Law firm v. collection agency / K&K Healthcare Collections webinar

CDC COVID-19 Guidelines for Patient Visits

Can I require employees to participate in NY's Contract Tracing App?

Whats Cooking?

Corporate Formation

Why aren't landlord's nicer and giving free rent?

DDS gets 12 years for extraction on hoverboard; OPMC Requesting Prescribing Patterns Information

New NY Sick Leave Requirements

Is now the right time for a new lease?

Do I have to re-up HIPAA Authorizations each year?

Constructing an Offer - What terms to consider?

Considering retiring, what should I do with patient records?

2020, Now What? Third Party Payor Audit?

Ready to sell, what's the Covid discount?

Employee traveling to Florida, now what?

Auditors & Investigators Back to Work

Employment loose ends

How much HIPAA info can I get on Google Forms?

Documenting employee restoration

Can I Open? How do I know? Who should I listen to? / First Step Back...

Employee Protocols and Response to Employee Refusal to Return to Work

Today's Webinar, Topics Diei 'Topics of the Day', is Available Here

Today's Webinar Sign-Up - Topics Diei - "Topics of the Day"

Wednesday Webinar Sign-Up - Topics Diei - "Topics of the Day"

Friday Check-in - Email Me questions for Next Week Webinar on Re-Opening

HHS Medicare-enrolled providers' Stimulus - PORTAL IS LIVE

Discussion with Regal Healthcare (PE) on a Market Update - ON DEMAND, Available Now

Join Jennifer tomorrow @ 1PM (4/17) for a discussion with Regal Healthcare (PE) on a Market Update

Stimulus Update and Reboot Homework Webinar Link / Security Risk Assessment Webinar Link (Part of Homework)

HHS Medicare-enrolled providers' Stimulus / Tomorrow's Webinar Sign-up - Financing, Third Party and Associate Contracts - Navigating COVID-19 Contractual Complications

PPP filed, now what?

Recorded today: Payroll Protection Act Overview and Doctor FAQs re PPP and Employment Issues

New Jersey Living Will and Healthcare Proxy Forms

$10,000 Disaster GRANT (Does not Impact qualification for Forgivable Loan) 75% Reserved

Living Will and Healthcare Proxy Forms

Medicare Temporary Privileges Process for Telemedicine

How does my wife keep receiving money from my partner after I die?

Anything new with HIPAA?

When should I use a Confidentiality Agreement (or NDA)?

Selling but not ready to retire

Record Request from Licensing (OPMC)

Am I doing Sexual Harassment training right?

MLMIC Distributions Update

Resubmitting Corrected Medical Records to Medicare

I don't understand my RVU Compensation

Withholding Medical Records from Patient with Open Balance

Web designer holding me hostage, now what?

Audit: Offense is Best Defense

How do I get rid of my partner?

Contract Season - Group says its non-negotiable, is that true?

Net v. Gross, it matters

Licensing applications - Veracity matters

Cyber Insurance Reminder

Bad Online Review?

Thoughts for 2020

Tips on PR Company Contract

Who decides if there is a HIPAA Breach and whether to report?

Breach Notification reminder and policy recommendation

Am I responsible for employees behaving badly at the Holiday Party?

Bracing for bonuses

Can I get an employee I am firing to sign a release at the time of fire like Roger Ailes did?

Part time to full time require a new contract?

Is my new offer market?

How do I get out of an equipment lease?

Immediate Access Shut Off for Terminated Employee?

Do I have enough insurance?

3 year contract, 30 days without termination both sides

Buy out price probably has to change

Can I respond to a patient's online complaint?

Surgery Center Investment Offer; cash down, balance in escrow

Auto populate strikes again! Wrong email address, HIPAA sensitive

How do I protect my practice from sexual harassment claims?

Am I protected if my partner gets sued?

PE Snooping

Send requested record as-is?

What happens if I forgive the Loan? (Teaser - Tax Questions!)

I'm loaning an employee money, do I need a promissory note?

Can my employees watch a video for sexual harassment training?

Can a sign an employment agreement I don't have a right to terminate?

Welcome back! Let's talk Sexual Harassment Training Deadlines and Requirements!

How many PAs can I supervise?

Negative Yelp! Poster coming in for new appointment, Now what?

How do I fire my biller?

What to watch for in an NDA

Can I fire an employee that has lodged a complaint against my practice?

Responsibility to Ensure Disabled have Equal Access to Healthcare

Grow or Sell?

Indemnified? So what, by who?

When do you start negotiating your offer?

Supreme Court FCA Case hasn't changed HIPAA - Beware of scare-tactic webinar offers!

Minor offense require license application disclosure?

What are the main issues I need to watch for in my lease?

Can I drop out of New York State's Medicaid program and how?

Should my cleaning company sign a BAA?

Illegal to make money in healthcare?

Charging Credit Card Patients more OK?

Can I be in-network but "close my practice panel" and treat out of network?

Can I challenge the results of a third party payor audit or do I have to pay back?

Can I use email with patients?


Notary copy suffice?

Can employer record Audio?

CNN Chasing Out of Network

Bad contract, bad apple?

Will Information I share with OPMC be shared with the person who made the complaint?

Former Tech employee wants to work as a Scribe - certification not renewed

Do I need to do an Exit interview?

How do I get my In Network Participation status?

Does forming a corporate entity protect me from malpractice claims?

Elements of a comprehensive "write up

Can I fire a pregnant employee?

Ok to respond to patient's online review?

Comments on -Untimely filing denial - patient fault, now what?

Untimely filing denial - patient fault, now what?

When is the right time for a Confidentiality Agreement?

Enforcing staff policies for Emails to EMR

Premises problem, should I withhold rent? / Zoc Doc update?

Patient questionnaire triggering documentation requirement?

Any recourse against unwarranted payor denials?

Nicole quit and now wants her unused time paid out

Combating Negative Online Reviews (bill disputes)

Office of Inspector General Educational Love Notes

Zocdoc Update: NYS DOH Issued "Clearance" that ZocDoc is NOT a Referrer Under NYS Misconduct Laws (kickback prohibitions)

Do I have to pay for Jury Duty and can it be a PTO day?

Can I ask patients to write me an online review? What about having a third party manage?

Adding PT to DC practice, 1% owner safer than 49%?

Can I resubmit claims we undercoded for?

New space - when to start lease abatement

New job offer - who is the best person to negotiate salary?

Subspecialty specific employment agreement

Patient's family brings in suspected forged advance directive / Who has time for a Will?

2019 Compliance Basics

2018 Thesis: How we protect Integrity of practice

New Year, New Partnership - What are the key points?

Non compete enforceable?

Bonus for some, not for others?

No BAA with Billing Co - $500k mistake

Healthcare Law 101 - OIG Roadmap for Physicians

Can I put video cameras in my Practice to protect myself from staff and patients?

Forming a New NY Prof Entity - process and HOW LONG?

If I sign a management arrangement should I be on the bank account?

What you need to do for an ADA compliant website and why

Is a letter of intent binding?

Terminated patient reported to OPMC, now what?

Sometimes you have to call the police

Received a request for records from carrier - does that mean I will get a demand for money?

Old employer chasing me for MLMIC check!

MLMIC Payout Tax Treatment?

Right letter, wrong patient...

How to train for sexual harassment and use to temper staff

Should I use a Non Disclosure Agreement / Did you get your Sexual Harassment Policy in place?

Taking new space in old building; ADA comply?

Encryption - Don't Flirt and Not Commit (the OCR v. The University of Texas MD Anderson Cancer Center lesson)

How to give notice

MLMIC Update: ADR Process Coming Soon? / Sexual Harassment Webinars (links available now)

Sexual Harassment WEBINAR - NY Training and Policy Requirements

Non-compete restrict me if it covers entity I work at other location?/THURSDAY (12PM) WEBINAR SIGN UP

NY (and elsewhere) Sexual Harassment Solutions - WEBINAR SIGN UP - THURSDAY, 9/20, Training and Policy/Agreement Packages

News around town... (OPMC/Carrier Terminations/Roll up, Roll out) (SH WEBINAR SIGN UP - TUESDAY, SEPTEMBER 18)

NY Sexual Harassment Law - Training Requirement and Next Steps (WEBINAR SIGN UP - TUESDAY, SEPTEMBER 18)

NJ Out of Network Requirements Changing (Listen Up if you are practicing in NJ!)

PE and Facility Acquisition: Playing with the Bull, Avoiding the Horns

MLMIC Payouts - Happy to Present WEBINAR UPDATE, courtesy of our own Robert Plosky, Esq.; Sidebar by Jennifer re: MLMIC Payout

Give employee 2 weeks notice of termination?

Bank loan document is standard form, right?

ZocDoc New Fee Structure Article; MLMIC Update

EMR "Impersonator" Identity Ok?

Medicaid $ Audit Uptick; MLMIC PRESERVE NOW!

NPDB Notice of Report and Dispute

NPDB Report Response

MLMIC Payment - Employee Holdouts - Declaratory Relief

Texas ALJ Awards OCR $4+mil for Stolen Laptop and 2 USB Drive

MLMIC Cash Payment Recovery from Employees

What about Text and Email?

Phoning it in HIPAA compliant?

Is Tenant or Landlord responsible for ADA Compliance?

CT court allowing HIPAA Private cause of action?

Rent Start Date

Oceanus claims proceeding

Negotiating a Lease Parachute

Incentivizing for Cosmetic Service Referral

NDA Closing Period Running out, Now What?

Buy-Sell Insurance Pay-out

Leaky space - Who is responsible?

NY Courts still buzzing about "fraudulent structure"

Tips on contracts with employers?

Kids Down-payment - loan or gift?

Advice leading up to employee termination

NPDB Reportable Events Expanded?

Major Pitfalls of "Net Collections" Compensation

Hit with audit - do I send path reports?

Interested in purchasing - pony up non-refundable deposit?

Selling ASC Interest - just sign it?

New job is outside non compete, anything else to worry about?

Received a Friendly Questionnaire from OCR?

Medicaid "Look-back"

Must I release Records when Patient Owes balance?

Bad Online Review

Should I invest in an ASC?

Why Venue Matters

FileFax, Inc. in receivership still making news for HIPAA exposure

Obligation to report test results?

I have a new business!! Do I need a partner contract?

SmartMD RRG, What's the deal?

What are standard moving fees?

When to allow a potential acquirer access for "due diligence/transition"?

Do I need a BAA with my cleaning company?

Fired "For Cause", Presumably So Employer Doesn't Have to Pay My Severance

Basics of asset protection from malpractice claims

Staffing Agency Fees For Real?

Important to beat patient to the punch with HIPAA disclosure?

Do I have to report soon on HIPAA?

Changing Billers, how do I get my data?

I do more work then my partner, how do I get more than 50% of money?

Why can't I use "Center" in my new entity name?

If I have a good guy guaranty, can I walk away from my lease?

Licensure ME TOO Action

How can I get Coop/Condo Approval?

CPA Comment to Evaluating an Ownership Interest Offer

Evaluating an Ownership Interest Offer

Employee dressing inappropriately grounds for termination?

Can I require employees get vaccinated?

Thinking of Selling my billing company - am I being offered proper security?

Marketing contract payment required for 6 months a good idea?

No Business Associate Agreement? $31K Mistake

Considering Sale, what are the main points of a non disclosure agreement?

Thinking of Selling, what should my timeline be?

Received Suspension letter from hospital I have staff privileges at, now what?

Staff Member acting out and being disruptive for being written up

Should my billing company give patients their records?

Can I take consulting work paid on a percentage basis?

Should I submit for an OPMC interview?

Where do I find what Residents can and cannot do?

USB for record request?

When can I dock an employee?

Employee notices of last minute leave, now what?

Do I need a Trademark?

Name change - how and what next?

Follow up - Management Companies under the gun?

Should I set up a Management Company?

Employer breached contract, can I ignore non compete?

Patient refund - do I need a release?

Why do I want auto-renew in my employment agreement?

Selling - do I need a term sheet to get started?

Do I need to put an employee on probation before firing? Does it matter if she is new?

How do I handle Employee No-Shows the day before or after a holiday?

Short day, do I need to give employees a break?

Should I fill out job clearance form for patient requested by employer?

Selling my practice - do I have to disclose my payor agreements?

Rejecting prospective hire because he sued prior employer ok?

Responding to a Licensure inquiry

E/M NGS Coding Changes

May I ask a patient with an emotional support dog to take the dog out of my practice for sanitary reasons?

What general risks should I be aware of in equipment rental agreements? Do I have to send it to you? Isn't it standard?

May I ask a disabled patient with a service dog to take the dog out of my practice for sanitary reasons?

Opportunity to give notice closing before New Contract being issued - now what?

Does my employee qualify for unemployment benefits?

Should service providers with patient contact sign non solicit?

What if the inappropriate person is one of the bosses?

Employee inappropriate with staff, am I responsible as Employer?

I want to quit my job, where do I start?

How do I know what insurance companies I am credentialed with?

When do I need a Business Associate Agreement?

Potential Tenant or Percentage Profit Center?

Organized Medicine/Dentistry; Where's Jennifer? Catch an upcoming seminar date or just come celebrate Organized Medicine/Dentistry

Who Is Qualified To Do The E-Prescribing Through Our EMR System?

How do I get off prepayment review? / Q on starting a practice - what do I call you for?

Thinking about starting a practice...

How long do I have to keep patient records and do I have to maintain the Entire record?

Do I have to give time and pay for employees on jury duty?

Handbook says I'm "At Will" but contract requires I get notice - which governs?

1099 v. W2 - cost differential?

Communicating with patients compliantly by email?

Should I be putting all my extra cash into paying down my high interest student loans?

HIPAA patient consent, emailing PHI, etc.

Afraid to prescribe Schedule II narcotics. What can I do to protect my practice and license?

Who is required to have OSHA training and how often in NY?

What breaks am I required to give my employees? (NY, NJ, CT)

Can I email Test results?

Do I need contracts for my staff if they signed my employee handbook?

Required to mail test results Certified if no response to VM?

Profit matter for entity formation?

Comments on - Can I bill for a telehealth visit, and who?

Can I bill for a telehealth visit, and who?

Why all the heat?

Do I need a Guaranty from Primary Insured?Action for money had and received!

What are the key provisions to watch out for in my first contract after residency/fellowship?

Who should check the Medicare Exclusions list?

OON Provider receives Medicare and Patient payment, what now?

HIPAA Hooplah Hullabaloo? Where to begin preventative compliance

Can I throw my computers out and go back to paper charts?

2017 Checklist

Unscheduled In-Office Visit (Payor or Government Agent)

Business Associate Agreements are more than just forms you have to sign!

How to evaluate a partnership offer

Is my billing company a "debt collector" subject to prohibitions on certain conduct?

Is it time to certify my OMIG Compliance Program?/Service Bureau Question

Was the Overtime rule delayed?

Comment on Tuesday's email - rendering and billing for services outside our specialty

Billing for "fellowship" services ok?

Where can I report a business for deceptive trade practices?

Who is authorized to work as a Coder?

How do I know what benefits and time off I get?

Patient audio recording illegal?

Do I have to provide space, money or time for a breastfeeding employee?

Federal Register Insight - Using Hospital Resources - Split-Bill Remuneration - DHS Entity Woes

OIG and CMS now recognizing "Time Share" arrangements

Does my small practice need a buy-sell?

ACA Requiring Covered Entities to provide translators, Post New Anti-Discrimination Signs (Language Access) and adopt policies by July 18, 2016

Am I protected from subcontractors?

Proper transfer of custodianship in sale

When can I ask a job applicant citizenship status?

Addressing my practice's brand

Lunch sponsored by Pharma ok?

My Hospital is building a record against me. What do I do?

Can I require a doctor's note before an employee returns to work?

Exposure for consulting?

In NYC, can I require documentation for employee out on sick leave?

In-Network status following to new office in new state?

Follow up to Cameras in the waiting room?

Cameras in the waiting room?

Groupon Model for Docs ok?

Allowed to shred records?

Contract expired. Subject to restrictions?

Landlord estoppel certificate - can I sign?

Drug seeking patient - possibly distributing; response?

How do I calculate workweek?

Employee loan repayment from salary withhold ok?

WEBINAR Today! Sign up and overview - NEW Overtime Requirements effective December 1, 2016

WEBINAR Today! Sign up and overview - NEW Overtime Requirements effective December 1, 2016

Q. NYS ePrescribe delayed? A. NO!

WEBINAR SIGN UP - NEW Overtime Requirements effective December 1, 2016

NEW Overtime Requirements effective December 1, 2016; are you classifying and paying properly?

SUMMER FEVER (AKA BEACH) CAUSING EMPLOYEE SICK DAYS TO RISE? (Previously printed on August 12, 2015)

Dissatisfied patient asked me to rescind bill to Medicare, what now?

Who is responsible for patient records? Practice or treating doctor?

OIG's most wanted to alleviate concerns?

Mid-Level Providers trumping Doctors, Help! / 6/14 Webinar Sign Up (Avoiding Legal Conflict!)

6/14 Webinar Sign Up (Avoiding Legal Conflict!) Sign up for Next Tuesday's Free Webinar

How long should I keep records, x-rays and EOBs? / 6/14 Webinar Sign Up (Avoiding Legal Conflict!)

How to properly fire "for cause" / 6/14 Webinar Sign Up (Avoiding Legal Conflict!)

Why are so many dentists classified as 1099?

Appropriate disclosure for Snail mail?

Why is money subtracted on my explanation of benefits?


What is Red Flags Rule and does it apply to my practice?

Patient refuses to show ID - refuse care?

Quit but did I give proper notice?

Exclusion list - check before you hire!

Interested in running a free K&K classified ad for new hires, purchase or other? (looking for feedback!)

Marketing free services legal? - Follow up question

Marketing free services legal?

Am I HIPAA compliant? How do I know?

Waiting room HIPAA concerns

Open (structurally) office ok?

Why to read and have reviewed an NDA

Getting out of Jury Duty

Payment Suspension (allowed for Medicare and Medicaid funds) - Advantage CMS!

Family loan to practice ok?

Requiring settlement consent; MLMIC physician owned malpractice carrier Announces 20% Dividend

Payor contract in name of practice or practitioner?

Payor contract negotiable?

Recover Your Unknown Lost Money - NJ and Other

Recover Your Unknown Lost Money

Supervision for Esthetician performing laser

Records left, now what?

Can I hire an aesthetician to perform laser services in NY?

Should I sign the letter of intent?

Peer contributions! NPI check and Financing advice!

Is sharing space fee splitting?

Protection from Misuse of NPI?

What to expect buying (or selling) real property

Primaries free and specialists pay for scheduling platform - issue?

Mid-level expansion efforts tied to liability?

Home services consultant kosher?

Can I back out of a signed contract?

Fact patient sees me HIPAA protected?

Can I use my financial policy to protect against future care related damages?

Does my phlebotomist need malpractice insurance?

Do I need a non-disclosure?

Comments on Ok to bill for IC or Locums while away?

Ok to bill for IC or Locums while away?

New Year's Bonus ok?

"Innocuous" Disclosure to Unauthorized family member ok?

Sign on Bonus Snafus

Two patients, same time, no one the wiser?


EHR Meaningful Use Audits - CMS wants its money back!

Can I charge employees a portion of my overhead?

HIPAA Breach Notification Webinar & Q&As

HIPAA Breach Notification Webinar - Tomorrow!

Can I offer free services as incentive if cosmetic?/ WEDNESDAY WEBINAR SIGNUP (HIPAA)

Credit card convenience fee okay?/ NEW K&K WEBINAR SIGNUP!!! (HIPAA)

Can my new hire's blog result in exposure for me?/ NEW K&K WEBINAR SIGNUP!!! (HIPAA)

Reminder! Sign up for Tomorrow's Free Webinar - Important EMPLOYEE tips - overtime, breaks, classification and more! (Great for Practice Manager)

Reminder! Sign up for Free Webinar Wednesday - Important EMPLOYEE tips - overtime, breaks, classification and more! (Great for Practice Manager)

Contract expired, can my terms change?/ NEW K&K WEBINAR SIGNUPS!!! (HIPAA / EMPLOYEE STUFF!)

HIPAA Exposure in equipment sale?/ NEW K&K WEBINAR SIGNUPS!!! (HIPAA / EMPLOYEE STUFF!)

How long will it take to form my new practice? / NEW K&K WEBINAR SIGNUPS!!! (HIPAA / EMPLOYEE STUFF!)

How often do I have to update my BAAs? / NEW K&K WEBINAR SIGNUPS!!! (HIPAA / EMPLOYEE STUFF!)

Q and Comment on billing company responsible for wrong ICD-10 claims submissions?

To what extent is my billing company responsible for wrong ICD-10 claims submissions?

Liability for Mid-Level continued...

Liability for Mid-Level?

How are CMS Recovery Audit Contractors going to be stopped?

Office manager fesses up to stealing time, now what?

Medicare record keeping requirements?

Exposure from prescribing electronically software?

Comment on Ok to have independent contractors?

Ok to have independent contractors?

Bogus Office Visits Admission for NJ Doc

OCR clarifies "Spouse" definition in aftermath of Windsor decision

Reminder to address Gender-Based discrimination after Brooklyn Hospital agreement


Office manager quit, what can I get her to sign before she walks out the door?

Do I need a handbook or contracts for my employees?

Product idea, first step?

Practice Protection from Employee through contract

Employer Legal Trouble, Way out of RC?

Waiving or ignoring very high deductible plans ok?

Received Attorney General Letter for Deceptive Trade Practices?

Do I need a pre-nup with my practice partner?

Can I record patient calls?

Payor mistake, can I keep cash?

Backing out of employment - risks?

Charging for Admin time

Why you should negotiate and work with your healthcare attorney on your letter of intent

EMR Vendor requires PHI for marketing in lieu of Fee - kosher?

Restrictive Covenant Negotiating Tips

Gratitude for referrals through gifts?

Academia "Invention" contract negotiable?

Spotting "Sham" kickback schemes and avoiding the tabloids

OIG Hit List: Pediatric Dental Services

Multiple requests for patient record, can I say no?

WHEN do I have to respond to a patient record request?

Patients threatening to sue me over co-pays!

Contract term expired, now what?

Can I hire a shredding company under HIPAA for my records?

I've been subpoenaed! Duces Tecum

Potential Employer refusing requested contract changes, now what?

Am I creating HIPAA liability by calling patient names in my waiting room?

Terminated employee remaining a patient?

Paying referral sources, it just makes sense!

Terminating a contract without an applicable termination clause...

Medical Assistant administering Flu Shots

HIPAA Disclosures to Employers allowed?

Surprise Bill? "Referral" matters!

Webinar Link - Avoiding "Surprise Bills" with recommended policies and procedures

sign-up: Webinar Tomorrow - Avoiding "Surprise Bills" with recommended policies and procedures - April 1 Deadline (NY MD, DO, DDS, DPM, DC, PT...

Improper contract termination / ThursdayWebinar Sign-up: Avoiding "Surprise Bills" with recommended policies and procedures

Good Partnership Offer?

ePrescribe 1 year delay approved!

Avoiding required dispute resolution to get paid for Surprise Bills (NY Only, Effective 4/1)

Calling all NY Practitioners! Time to Adopt Protections against Surprise Bills

Is my restrictive covenant enforceable?

Received a NYS Office of Medicaid Inspector General Compliance Plan Letter, Now What?

HIPAA Breach Reporting - Last week to report!

2 WEBINAR SIGN-UP - Tips for Employers; Dentists leaving training choosing between employee or entrepreneur!!

Requesting and maintaining patient social security numbers

Maintaining charts after retirement required?

Restrictive Covenant enforceable after I leave my job?


Patients required to fill out office forms and provide social?

Is hospital employment for me?

What about if I hire a Resident?

HIPAA Breach Reporting - Its time to report!

Hiring a Medical Student to help with practice ok?

Sale/Purchase Price - Allocation Matters

Charging for "abnormal" results call ok? Comments from Coding Experts!

Charging for "abnormal" results call ok?

Reminder for the New Year - Biggest HIPAA Exposure: Your Staff

Introducing our newest Firm member!

Non NY doc writing scrip for NY patient and reverse...

Do I have to ePrescribe as a NY practitioner? Can't I still use my prescription pads?

New Year, New NY ePrescribing Requirements Imminent

Does a letter of intent bind me to a deal?

HIPAA Breach Reporting - Almost time to report!

Payor as ERISA "Fiduciary" offering protection from draconian payment practices?

Can I bill out of network through another tax ID?

Preparing for employment contracting season / Contact Jennifer to schedule a talk for your residency program in early 2015


DEA License Required for Credentialing Purposes?

OCR promulgates BULLETIN: HIPAA Privacy in Emergency Situations

HIPAA Qs: employee BAA? Third party Implied consent by patient?

Who is responsible for paying my malpractice insurance?

Can we contact "Emergency Contact" for non-emergency?

Selling my practice, allow use of my name?

Marketing person as 1099 ok?

Treating a family member ok?

Emailing with Patient's Family Members ok? / Comment on Encrypted Emails

Emailing with Patients - Comment

Emailing with Patients / Emailing with Encryption (caution: due diligence required!)

Easy In doesn't mean Easy Out in practice move to employment

Do I need a business associate agreement with my EMR vendor?

Fresh Start, Cash Only - Comment / K&K Update - 3 K&K Partners named to SuperLawyers

Removal from Medicare Prepayment Review

Multiple Office Locations, Multiple DEA Registrations Required?

Clean Slate/Fresh Start, Cash Only - good idea?

Insurance cherry picking to maximize reimbursement a good idea?

WSJ bringing heat to Lab fees paid to practitioners

Pre-Fall cleaning - record maintenance requirements

Pre-Fall cleaning - medical record discard

Practice Closure: what to do with EMR and malpractice coverage?

Baby Photos as HIPAA Breach? NYT Article highlighting concern.

Have you updated your Business Associate Agreements? Avoid potential fines, update Must Be Updated Before September 23, 2014!

Responding to Patients by email ok?

Dating a patient ok?

What sort of policy do I need to email with patients?

Email marketing HIPAA compliant?

How do I get off of Pre-Payment Review? / Check out Jennifer's Controlled Substance Safeguard Webinar, recorded last week

Doc pays price of freedom for egregious Oxy abuse

Law requiring patients to pay balance bill?

Documentation Requirements by Statute?

Refusing to Accept Amex due to hassle? Change in Amex Policy is here.

HHS Announces $83.4M of ACA Spending Towards Primary Care Residency Programs

Involved in a Not-For-Profit? Some new requirements are in place, effective July 1, 2014

Positives from NRAD Patient HIPAA Breach

Charging for admin time filling out patient forms OK?

Cameras in my waiting room allowed?

Employee Wage Garnishment Demand - Do I have to comply?

OPMC Checking Your Physician Profile

Dealing with Obsessed Patient

NYS Medicaid Waiver - $8 billion being reinvested to community health by Medicaid Redesign Team

Emailing with Patients Kosher?

New York-Presbyterian Hospital and Columbia Medical Center Pay $4.8 Million for HIPAA Breach

Problems in agreeing to a percentage deal

Renting space, do I need a sign?

Backing out of employment before start date, what are the ramifications?

Employment Letter of Intent - Understanding Impact and To Sign or Not to Sign?

How long after payment can payors ask for money back?

How to terminate a terrible patient

Personal Exposure from HIPAA for all provider type

Compliance requirement: Policies AND Continued Risk Assessment, Intro to HHS Risk Assessment Tool

$1,975,220 Fine for 2 Stolen Laptops?

Contract Negotiation Strategy?

NY's Appellate Division Endorses Private Cause of Action against Insurers

Insurer Error, Refund Required?

Employees Working Remotely / Recommendation on discarding Controlled Substances

Storing and Safeguarding Controlled Substances at Your Practice

Patients Keeping Checks, what now?

OIG Targets Medicaid Pediatric Dental Services

Medicare Audit, Doc departed with records, now what?

Who’s Responsible For Claim Liability?

Proper protocol to maintain credit cards on file

Doctor loses right to practice in NY for failing to maintain records for prescribing to self and family

Non-Disclosure Agreement coming with employment contracting territory?

Preparing for Contract Season

Employee Termination - At Will or otherwise?

You are required to voluntarily report HIPAA Breaches by Saturday to the HHS Secretary

Carrier Terminations

Charging for Telehealth (Skype) Services

OIG 2014 Workplan - Chiros Beware!

Message on Patient Answering Machine OK? / OBS Clarification

Can I rent space from an Office Based Surgery practice?

Am I ready to fire?

Am I required to to have an ADA policy at my practice?

Doc leaves, forwarding contact info required for how long?

Sham Consulting Agreements Revealed in NJ Lab Referral Scheme

Do I need to post a NYS Labor Law poster at my practice?

How long do I have to keep patient records?

Derm Practice Pays for stolen Thumb Drive - OCR says - Ounce of prevention is worth a pound of cure


Medicare Incentive Payment Recoupments!


Fairfield and Hartford County Medical Associations Enjoin United from Dropping CT Physicians!

Tips for your new job search

Accepting gifts from patients ok?

Self-insured plans as trend or future? Without spending a great amount of time recapping the major headlines of the past few weeks, the search is on for better insurance options. And, while this search has been topical for some time, recent attention

How long do I have to keep patient records and do I have to maintain the Entire record?


Business Associate Agreement required for answering service?

Employment Contracting - Ensuring Easy Out?

HIPAA Security Risk Analysis good idea?

Charging patients for admin time, i.e., filing out disability paperwork

Forming your own practice

Heads Up! Medicare Ramps for Prepayment Audits for specific codes

Firing Employee for Family-related Absences, FMLA?

Have W-2s who are also 1099s? Or not sure?

Compensation based on Relative Value Units?

Where can I restrict an employee from working?

Prescription Monitoring Registry Patient Notice Required?

Navigating Difficult Workplace Conversation

Sending Secure Emails

How long should I keep employee records?

Choosing a Privacy Officer

Notice of new Privacy Policy requirements - Preparing for September 23rd Deadline!

Refunding patient money, Part 2 / I-STOP Patient Distribution?

Refunding patient money

Responding to patient "unrelated" inquir

FREE I-STOP Policy for all KK PLAN Members

How do I keep my practice I-STOP compliant?

I-STOP now effective - No Health Commerce Account yet? (for NYS Practitioners)

Good idea recommending patients carry living wills?

Subpoena for Medical Records, Do I have to respond?

OIG Charges 7 Docs with Importing Unapproved Drugs

How to handle missing copays?

EMR Security / HIPAA alerts, when do I know if its Junk Mail?

Patient cancels first appointment - obligation to patient?

Business Ownership Tip 101 - General Accounting Knowledge

Patient request for records, hinting at malpractice - now what?

New York Preparing for the Prescription Monitoring Registry

Notice of new Privacy Policy requirements

Is any process required prior to treating workers comp patients?

Incentive compensation paid by manufacturer okay?

Refusing to treat non-paying patient okay?

Controlled Substances Registry Checking Required as of August 27, 2013

Accused of Copyright infringement?

Insurance for HIPAA Privacy Exposure

Protecting yourself in a buy-out

Contesting negative online reviews

Marketing as the practice gateway for investigators


Issues with insurance companies

Accepting gifts from patients okay?

Paying a percentage to your biller - UPDATE!

Internet System for Tracking Over-Prescribing Overview in under 7 minutes!

Looking to hire, not sure what to offer

New Hire not working out, now what?

Commission-Based Marketer?

How to terminate an awful patient?

Groupon revisited! Care Credit recoupment?

Acceptable means of patient communications - Records

Acceptable means of patient communications

Why you need a new Business Associate Agreement

Online advice creating exposure?

Hospital Employer Controlling Right to Settle

ASC Member Liability

Come December 2014, Goodbye Prescription Pads, Hello EPrescribe! (Maybe?)

RC enforceable when terminated w/o cause? / Enforcing ethical obligation

Right to take patients with you

Requirements for Closing Practice

Higher rates through affiliation?

Free Access to Electronic Interface - kickback?

Ok, what if I did "split fees" with an online marketer? Now what?

Online marketing campaign illegal? / The Battle of the Beverage

Indemnification: What it means and why it's important

Record Request for Deceased

Approaching Practice Financial Instability

Internet System for Tracking Over-Prescribing (I-STOP) Act - Registry Creation, Duty to Check

Understanding CMS's Physician Quality Reporting System Payment Adjustment

Heritage matter, Group busted for billing Admin fee

NEW HIPAA Rules - Responsible for Business Associate's Acts

Sunshine Act - Spreading Transparency and Reporting Requirements to Manufacturers Your Practice deals with

Webinar Sign-up and Info on HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Changes

Ordering Canada Prescriptions Okay?

Restrictive Covenant Qs / Comment on How do I know what to bill and when to bill it? Example from Billing for Diabetes Self Management Training Q&A

How do I know what to bill and when to bill it? Example from Billing for Diabetes Self Management Training Q&A

Security Cameras in Common Area Legal?

Management arrangement kosher?

Reportable to the NPDB? What is the NPDB?

From hospital employee to solo practice

Miscellaneous Insurance/Billing Q's - Billing under another doc's name/Fee negotiation/Different Docs, Different rates?

Received recoupment request?

Compensation for referrals?

Crash Cart required?

Connecting new practice doc to Medicare

Par Doc, New Service, Refuse Insurance OK?

Paid to Order - Too good to be legal?

Nurse Practitioner "Supervision" Requirement?

Opening to liability by certifying compliance plan?

Accept Medicaid? Time to certify your compliance program

Practice settles with HHS over Public Internet-Based Patient Calendar (and other offenses)

Paid time off for voting?/Disaster unemployment

Practice closed - required to pay employees?

Practice closed - providing patients notice

Who may consent to a minor's treatment?

Practice advertising meeting regulatory requirements?

Charging Patients a Cancellation Fee - patient disputing charge

Charging Patients a Cancellation Fee

The Office of the Inspector General 2013 Work Plan is here!

Can I practice within the range of my restrictive covenant?

Payment denials - Guilty until proven innocent!

May a doctor own equity in a billing company?

Lease concerns from practice perspective?

Collecting Co-Pays Required?

Handling Employee no-show post holiday

Negotiating partnership terms question

Question-Comment on OBS reimbursement, Insurance denial plan/Follow up on Internist hiring Dentist legal?

Internist hiring Dentist legal?

Is my practice sellable?

New Practice, First Steps?

Compliance on OMIG Work Plan and Radar

Terminating patient for being "bad person" okay?

Thoughts on installing audio/video in my practice?

Do I have to pay overtime?

Participating Provider Contract Negotiable?

OIG - Glaxo Settlement / Medicare PCP proposed pay increase / OMIG Compliance Alert

Indemnification by Hospital

Should Hospital Employee be concerned about Unscheduled In-office Investigation?

Unscheduled In-office Investigation

Social Networing covered by Non-Solicit clause?

Protecting your practice name

Medical Services Agreement v. Sublease

Automated External Defibrillator

New Employer? EPLI Recommended!

Accepting gifts from patients kosher?

Receiving record request before getting paid?

In-Office Sale of Products okay?

Questionable Advertising – Direct mailing to patients/ Music video rhinoplasty solicitation -

What contracts does my Practice really need?

Offering free consults

Can I provide free transportation for my patients?

Mandatory vacation days or closures?

Legal collections process

Right to contact patients after leaving position

Patient responsibility for their own care - right to terminate patient?

Comments on Finding the right assistance with billing

Comments on Finding the right assistance with billing

Finding the right assistance with billing

Charging co-pay for no-show okay?

Appropriate response to request for information

Comments on Pre-authorization received, payment denied

Pre-authorization received, payment denied

Allowable charge to patient for medical records on CD

New entity? Don't forget workers compensation insurance for your employees!

Patient notification post-associate departure?

Understanding the Medicare Sustainable Growth Rate formula

Required pay for employee on maternity leave?

Conflict of interest where partner of patient becoming referral source

Charging some but not others

Office for Civil Rights hires Big Guns - KPMG - to audit HIPAA Compliance

Requirements for Patient follow-up?

Comment - An end in sight to Out of Network?

Can I hire medical students to help out at my practice?

Should I incorporate, and, if so, to what?

An insurer is requesting records for each patient for each claim I submit. Why? And how do I stop this?

Rendering services on yourself and billing for them Kosher?

Checking to make sure your new hire isn't an "excluded" provider

Should I send in records requested by an insurer?

Reporting False Claims

Question on Paying a Billing Company or Biller a Percentage a No No?

Paying a Billing Company or Biller a Percentage a No No?

Keeping OMIG in check?

Why University of California at Los Angeles Health System is now taking patient privacy seriously

Patient Suffering from Potential Dementia Harassing Practice - What do I do?

Comments on Billing for in-network rates when I don't participate

Billing for in-network rates when I don't participate

Lease question from practice perspective

Creating an Operational Multi-Disciplinary Practice

Recording Staff Phone Calls, Notice Required

Medicare Annual Wellness Visits - Medicare's Latest Best Kept Secret

Billing for Services Under the Correct Entity - Multi-Entity Structure

Advertising by Gender

Keeping myself and my practice off of the OIG's Most Wanted

The Office of Inspector General's MOST WANTED

Offering free consults

Employee required to work at multiple practice locations?

What is a Medical Home?

New Employee Documentation Requirements Effective April 9, 2011 – Added Threat from Backstabbing Employees and Department of Labor

Disclosure Requirement When Referring for Diagnostic Imaging Services Where You Have a Financial Interest

Getting Paid for Legitimate Services You Render

Charging Patients a Cancellation Fee

What happens if I breach the restrictive covenant in my employment agreement?

FTC and DOJ Proposed Statement of Antritrust Enforcement for ACOs

Supervision Requirements for Physician Assistants

Offering Patients Free Transportation

New Workers Compensation Medical Treatment Guidelines

Medicaid's Annual Certification Requirement

Outsourcing Administrative Services

Turning Lemons Into Lemonade: Medicaid's Compliance Plan Requirement

10 Great Tips for Marketing Your Practice

Exhausted Malpractice Policy - Who Pays and from What?

Office Matters - Scanning and Shredding Records/Docking Employees on Snow Days

Beware of Corporate Records Mail Scam

Medicare - the Few Ruining it for the Many

Comments on Do I have to Sign my Notes?

Emailing With Patients? Make Sure You Have a Security Policy in Place

DOJ and HHS Join Forces for to form HEAT - New Joint Agency to Fight Fraud

Do I really have to collect co-pays?

Does Multiple Surgery Rule (same patient, different procedures, same operation) Apply to Non-Pars?

Divorce and Your Medical Pracitce

Department of Labor knocking on my Medical Practice's Door; what am I required to maintain?

Addressing HIPAA and Patient Abandonment

Pursuing locum tenens arrangement worth it?

Correction: Medicare Cut Temporarily Averte, Hope For Permanent Fix?

Appropriate Tasks for Chiropractic Assistants

Corporate Structure: Options and Considerations

Comments on Department of Labor Alert - IRS on the prowl as well - Provided by Healthcare Accountant Bryan Koshers

Commentary - Hospital Relations

Chiropractor-Physician Permitted Contractual Arrangements

Charging No Show Hearing Impaired Patients for Interpreter Costs is a NO NO

Charging for Medical Records

Billing Surgery that has Medically Necessary and Cosmetic Component

Billing Medicare for Consultations Codes?

Billing for Consults? Medicare Prepayment Reviews after 99245s!

Billing Facility Fees - DOH Says Has To Be Through Professional Entity That Bills for Professional Component As Well

Balance Billing Take 5, Horizon Blue Cross NJ Suing Non-Pars for Failure to Balance Bill

Billing for Nurse Practitioner services in a Medical Office

Balance Billing Take 4, Who's Monitoring Balance Billing?

Balance Billing, Take 3, Charging Different Rates for Different Patients

Balance Billing, Take 2: Non-Participating Providers MUST Balance Bill

Balance Billing: Investigations are up, Do you have a policy in place?

Asset Protection Tip: The More Control, The Less Protected

Asking Patients to Contract Away Their Right to Sue You, Part 1

Audits: Extrapolation as Valid Methodology

Healthcare Litigation

Healthcare Transactional

Healthcare Practice Management

Healthcare Licensure

Healthcare Compliance

Malpractice Defense

Healthcare Audit Defense (Government and Insurance)

Doctors of Dental Surgery and Doctors of Dental Medicine

Healthcare Collections

Healthcare Webinars

Connect With Us

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Ken Kirschenbaum, Esq.


(516) 747-6700, ext. 301

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Jennifer Kirschenbaum, Esq.


(516) 747-6700, ext. 302