Featured Legal Questions

I have a patient who wants me to write her a recommendation for grad school. She would like me to discuss how overcoming her health issues will make her a good psychologist. I want to make sure that just having a written release of information in her chart is sufficient for HIPPA compliance, specifically giving me permission to discuss her health history to the school that she is applying to. Would that be okay?

Yes, as long as you have a written release from her for the specific reason, you should be fine.

I'm being served with a subpoena with regard to a company I used to be employed by that provided sub-acute services. It appears to be in regard to a patient that I saw at a sub-acute facility. I believe that the family is suing my previous company, though I don't have any detail. I don't recall the patient, I'm no longer employed with that company, and have no access to records any longer. I do have private liability insurance, and part of my employment was that they also provided liability insurance. Do I need an attorney when I respond to this subpoena?

You should have an attorney respond. You absolutely need an attorney to be with you if deposed. By private, do you mean you had your own insurance or do you mean the company had you insured? If you had your own insurance, call the insurance company to find out if they have their own panel attorneys or if you can choose your own attorney. If your previous employer's attorney represents you, remember they have the ability to settle a case in your name, even if you don't believe you are at fault.

I need clarification on the laws regarding billing. For example, what if the MD is not on site, has never seen the patient and has no ownership involvement in my clinic? I did call Blue Cross and Blue Shield and they told me to bill under the supervising MD name and NPI number and they did not care that he was not on site or has never seen the patient. However, I was told I could NOT bill under the MD name or number because he has never seen the patient. Now I'm totally confused!

It depends who you are billing under. If it is a Medicare patient, you have to go by Medicare billing rules. If it is a private carrier patient such as Blue Cross, you can bill under the physician's name or medical corporation name. The insurance companies do not care if the physician is present. Physician's presence is required under incident to which is Medicare. Also, the BRN and Medical Board want to see a relationship between the physician and NP. If the physician is not involved at all, the BRN can come after you.

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