Change in NV law regarding Requests for Records

Medical providers must make a patient's medical records available within 5 working days of a valid request for records. This is a change from the prior law which required the records to be made available "at all reasonable office hours and for a reasonable length of time."  Out-of-state records, must made available within ten 10 working days of the request. See (SB168/NRS 629.061).

As a reminder, the following persons may request to inspect a patient's records:
      (a) The patient or a representative with written authorization from the patient;

      (b) The personal representative of the estate of a deceased patient;

      (c) Any trustee of a living trust created by a deceased patient;

      (d) The parent or guardian of a deceased patient who died before reaching the age of majority;

      (e) An investigator for the Attorney General under certain circumstances; or

      (g) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

A providers failure to make the  records available in the required time is a violation of  NRS 630.3062(4) and may result in disciplinary action against the provider.

Starting a Medical Practice in Nevada

Nevada, like many other states, generally prohibits what is called the “corporate practice of medicine.” This means that a general business corporation or company cannot practice medicine or employ a physician to provide medical services.In other words, if you want to start a medical practice, you cannot form a regular corporation or LLC as another business would.

What are your options for starting a medical practice?

You have several options. First, you can be a Sole Proprietor. This means you will be practicing medicine under your own name. You and your practice have no legal separation. 

You can also form a Partnership if you are working with other licensed physicians. A partnership is formed when two or more persons carry on as co-owners of a business for profit. No express, written agreement is required to form a partnership. 

Nevada law also allows physicians to create entities called “Professional Corporations” or “Professional Limited Liability Companies.”

What does it matter?

As sole proprietorship  or as a partner in a partnership you are personally liable for the debts and liabilities of the practice. Additionally, a partnership can leave you personally liable for the acts of any of your partners.

In contrast, a Professional Corporation or a Professional LLC protects your personal assets from the general debts and liabilities of your practice. This is one of the main benefits of creating a professional corporation or LLC. Please note, however, that these entities will not protect your personal assets from liability for torts such as professional negligence. So you must be sure to maintain appropriate insurance coverage.

In addition to limiting your personal liability, a profession corporation or LLC can provide you with structure and tax advantages that can help you keep your hard earned money in your pocket – although I would generally advise against keeping large amounts of money in your pocket.

Las Vegas doctor pays $5.7 million in false claims case

The Las Vegas Review Journal recently reported that a Las Vegas physician agreed to pay $5.7 million plus interest to settle allegations that he submitted false claims to various federal health care programs between 2007 and 2009. (See the full article here) I don't know the details of that case -- maybe he's a bad guy, maybe he just wasn't careful. Or it could be that he simply did not monitor and audit his billing procedures.

Failure to monitor and audit your billing procedures can lead to serious consequences –- not just in the loss of millions of dollars but also in criminal liability.  There are resources out there to help you make sure you are compliant with the law.  The Office of Inspector General for the U.S. Department of Health and Human Services (OIG) has developed a series of voluntary guidance documents to assist health care providers in establishing compliant and reliable auditing and monitoring systems. These documents can be found here: http://oig.hhs.gov/compliance/compliance-guidance/index.asp

It may be worth it to familiarize yourself with these guidelines. This will help protect you, your business, and the integrity of the federal health care programs. 

 

Introduction and Disclaimer

A good friend once asked me, "Leland, would you rather have a good doctor or a good lawyer." I replied, "A good lawyer; I eat an apple everyday so I will probably never need a doctor." But it turns out I was wrong. No matter how many apples you eat, health issues will inevitably arise. And when they do, you want a good doctor.

This blog is for those good doctors (and for people who like doctors). But no matter how good the doctor, legal issues will inevitably arise. Though every situation is unique, and noting that this blog does not in any way establish an attorney-client relationship, I hope that I can relay some important information that will increase health care providers' awareness of the legal issues that can or will arise as they fulfill their missions to heal.

With that, here is a brief disclaimer, in fine print of course:
This blog is an online resource for information, cases, and insights regarding health care law in general and its contents are made available for informational and educational purposes only. This blog does not provide specific legal advice. By using this blog you agree to the following Terms of Use: You agree and understand that your use of this blog does not create an attorney-client relationship, and that the contents of this blog do not constitute legal advice; you agree that you will not use this blog as a substitute for competent legal advice from a licensed attorney in your state; you acknowledge that information provided through this blog may not reflect the most current legal developments and is not guaranteed to be correct, complete, or up to date but that every reasonable effort is made to ensure the information is correct, complete, and up to date at the time of its posting. This blog’s contributing authors expressly disclaim all liability to any persons or entities with respect to actions those persons or entities take or do not take based on the contents of this blog. You further agree that this blog is not intended to constitute advertising or solicitation. The information and comments provided through this blog are exclusively the personal views of the authors only, unless otherwise attributed. This blog does not represent the views or opinions of any person or entity other than the author’s. You also agree that dogs make better pets than cats and that you will consider the Lord of the Rings movies as one film told in three segments as opposed to a trilogy.