Journal of Urgent Care Medicine

Why Are You Being Sued?

Urgent message: “Winning” a lawsuit in which you’re the defendant runs a distant second to avoiding lawsuits altogether—never mind if you’re on the losing end and have to pay a judgment. Understanding relevant regulations and laws is the best way to stay out of court. Today’s healthcare providers must carefully navigate their way around complex laws and regulations which regulate, restrict, and impact their practices. Urgent care providers who fail to navigate within these laws …

When to Fight a Claim for Unemployment

Urgent message: While unemployment insurance claims can cost an urgent care center through higher future premiums, there are multiple considerations for when a center should contest or approve an unemployment claim. Urgent care centers, as service businesses, frequently experience a high rate of turnover among their less skilled, frontline staff—eg, receptionists, clerks, and medical assistants. Whether an employee quits or is terminated for cause or performance, a common issue for urgent care center owners is …

Who Owns Patient Medical Records?

Urgent message: While historically there has been an understanding that patients own the information contained in their medical records, and that providers own the record itself, the current lack of a federal law governing the ownership of medical records poses a conundrum when those records are stored electronically. New challenges demand innovative solutions—often in the form of new technologies that make life easier. Certainly technology has advanced healthcare to improve and lengthen our lives. Yet, …

Should an Urgent Care Operator Check the National Sex Offender Registry When Hiring Employees?

Urgent message: Failure to identify risks in a new hire’s background can result in “negligent hiring” liability for an urgent care operator, but there are also limitations in what information a center can seek on an applicant. The approximately 7,100 urgent care centers in the United States employ physicians, NPs, PAs, RNs, medical assistants, technicians, and receptionists who provide walk-in patients with medical care for minor health conditions without an appointment. Most urgent care centers …

Complying with the Stark Law Across Multiple Center Locations

Urgent message: The “in office ancillary services exception” to the Stark law enables urgent care centers to offer a range of services in-house, but complications arise when the urgent care operation consists of multiple locations. Urgent care centers are almost certainly familiar with the Stark law, a federal conflict-of-interest statute designed to help curb physician self-referral. It is a particularly exacting regulation, but there are numerous exceptions that may help healthcare providers avoid liability—the common …

Navigating Around Legislative Obstacles and Proving Value in 2017

Urgent care in a shifting healthcare delivery environment brings to mind Shel Silverstein’s children’s classic, The Missing Piece Meets the Big O. In that tale, the missing piece stands alone, waiting for someone to come along and take it somewhere. Various shapes come by, but none are quite right. Some could not roll. Some had too many missing pieces. Finally, a shape comes along that fits just right and they roll along until the missing …

Extreme Caution: The HIPAA Dos and Don’ts When Responding to a Subpoena for Patient Medical Information

Urgent message: When health-care providers or urgent care centers respond to subpoenas for patients’ medical information, it is vital that they respond promptly, respond with exactly the information requested and nothing more, and protect patients’ privacy and confidentiality. Introduction When producing documents in response to a subpoena demanding patient medical information, a health-care provider must know the dos and don’ts to avoid privacy and confidentiality violations, sanctions, and penalties. A subpoena is a court or …

Income Tax Liability from Phantom Income

Urgent message: How physician and entrepreneur investors structure their urgent care center may expose them to an income tax liability from phantom income, but there are steps they can take to ensure there are sufficient funds to cover it. Introduction Income taxes are one of life’s certainties for most working Americans. Typically, however, income taxes are paid only on cash received during the course of a year. For example, a Form W-2 received by an …

HIPAA-Compliant Disposal of Office Equipment Containing Personal Health Information

Urgent message: Urgent care centers must dispose of fully depreciated office equipment such as computers, copiers, fax machines, and telephones containing protected health information in a manner that complies with the Health Insurance Portability and Accountability Act. How this column helps you: gives you guidelines for protecting your patients’ privacy. Introduction Since 2009, 42 million patients have been affected by privacy breaches entailing their protected health information (PHI).1 Many of these breaches stem from the …