Thinking of Becoming a Medi-Spa Medical Director? Proceed with Caution!

Thinking of Becoming a Medi-Spa Medical Director? Proceed with Caution!

Frequently, physicians agree to act as the medical director for “medi-spas” without giving much thought to what responsibilities go along with the position. Jumping into a medical -directorship without doing your due diligence and making an informed decision can find you facing investigations from state or federal regulatory boards of agencies.

If you are contemplating becoming a medi-spa medical director, remember these facts:

-While, the administration of cosmetic substances and performance of treatments with medical grade lasers may be delegated to medical assistants or licensed nurses, a licensed physician, PA or APN MUST see a patient prior to ordering/prescribing the administration or dispensing of a cosmetic substance or the performance of a procedure.

-You are responsible for the supervision and training of individuals providing care to patients. Unlicensed individuals are considered medical assistants; the terms medical aesthetician and laser technician do not exist in Nevada law. If a PA or APN is on staff, you should ideally be acting as their supervising/collaborating physician.

-You may not practice outside the scope of your training or experience or supervise others who are performing acts outside that scope. It you do not have the proper experience and training, you may not be involved with a medical –spa.

-Ensure that only drugs that you have approved are ordered and are properly stored. Be aware of how drugs are ordered and how much is ordered. A Nevada dispensing registration for the location is required if any drug is dispensed.

-Purely aesthetic treatments must be provided by licensed aestheticians. Be aware that the Nevada State Board of Cosmetology has specific requirements for locations providing aesthetic treatments.

-All agreements to act as a medical director of a medical spa should be in writing and should be reviewed by a health care attorney prior to execution.

State licensing and regulatory boards have taken disciplinary action against physicians for their involvement in medi-spas; disciplinary action that can have far reaching consequences for you and your practice.

If you are contemplating becoming involved with a medical spa, we highly suggest talking with an attorney well versed in health care law. Nutile Pitz & Associates has attorneys who are experience in the pitfalls of medical spas and can assist you in making informed and careful decisions about medical spa involvement.

Dealing with a Licensing Board

Dealing with a Licensing Board

Most licensed professionals do not give much thought to their professional licensing board, except perhaps briefly during licensure renewal. However, licensees should understand that boards not only have an impact on the regulation of the industry, but a formal board action can have a profound effect on a licensee’s practice. Below are some brief tips for licensees with respect to dealing with a licensing board:

-Respond promptly to board correspondence. If your licensing board is contacting you, typically it requires some action or response on your part in a limited period of time.  Failure to respond appropriately and timely may result in adverse consequences to your license. Do not panic if your licensing board informs you that you are under investigation. Most boards are legally required to investigate some or all complaints filed against its licensees.  Seeking legal advice immediately upon such notification can help the process go much smoother. While the majority of cases will resolve quickly, working cooperatively with the board through your attorney can help you avoid delays and potential pitfalls during the investigative process. It will also help you during the disciplinary process should a complaint proceed to a more formal level.

-Read your board’s newsletter or e-mails. Professional licensing boards often have regular newsletters and/or e-mail blasts to keep their licensees informed of important information – e.g., changes in regulations or practice decisions. Failure to give these at least a cursory review may result in you missing important information for your practice.

-Personally verify all information for license applications/renewals. While office managers or credentialing organizations may assist in the processing of your licensure renewal, you bear the ultimate responsibility of ensuring that your initial or renewal application is complete and accurate. Omissions or misrepresentations, regardless of whether they are intentional, may result in an investigation and in some cases, discipline against your license.

-Always remember that your board is ultimately there for the purpose of protecting the public and not to protect you, the licensee.

Nutile Pitz & Associates has attorneys who can help you through any interaction with your professional licensing board. Contact us today for more information on how to deal with any current Board issues, or how to best avoid potential future issues.

Changing Rules Under HIPAA/HITECH

Changing Rules Under HIPAA/HITECH

Just when everyone began to feel more comfortable with the rules governing patient privacy and medical record security, the rules are changing. The Health Insurance Portability and Accountability Act of 1996, or HIPAA, and its resulting regulations have largely been in effect since April 15, 2003. However, the stakes were raised with the passage of the Health Information Technology for Economic and Clinical Health Act, commonly referred to as HITECH, which was part of the American Recovery and Reinvestment Act of 2009. In the past, much criticism was leveled against HIPAA because of the appearance that it did not go far enough in its enforcement efforts and its regulation over thousands of people and entities that have access to or maintain patient’s private medical information. That is now changing, and practitioners, health care facilities and, specifically, those businesses and persons in arrangements with practitioners and facilities must take note.

Below are several of the key changes arising out of HITECH:

 HITECH directly regulates business associates for the first time. While not subjecting business associates to all of the obligations of covered entities (such as providing privacy notices), the statute requires business associates to comply with the HIPAA provisions mandating administrative, physical and technical safeguards;

HITECH establishes the first national data security breach notification law. It requires Covered Entities to provide notice of a breach of unsecured protected health information (PHI) to each individual without unreasonable delay, but in no event later than sixty (60) days from discovery of the breach. There are additional notification requirements when more than 500 individuals are involved.

Enforcement is strengthened under HITECH. Greater civil money penalty amounts apply to the HIPAA Privacy and Security Rule violations occurring after February 18, 2009.

For the first time patient victims of HIPAA violations will have the opportunity to share in any penalties imposed against a Covered Entity. HHS is required to adopt such a methodology within three years of HITECH’s enactment, which is now upon us in 2012.

So why should you care about the changing rules? Again, one of the biggest reasons relates back to the criticism that HIPAA was not going far enough to deter unpermitted disclosures of patients’ private medical information. To address this issue under HITECH the Office of Civil Rights is charged with arranging for the performance of mandatory HIPAA audits. HHS is required to implement periodic audits of compliance with the HIPAA Privacy and Security Rules, and up to 150 random HIPAA compliance audits will be performed by the end of 2012. While in the past, audits had been performed only at entities which had been the subject of a complaint, the new rule calls for audits whether or not there is a complaint. Entities selected for an audit will be informed by OCR of their selection and asked to provide documentation of their privacy and security compliance efforts. Additionally, every audit will include a site visit and result in an audit report. Call NPA today to discuss updating your HIPAA policies and procedures.

A BRIEF HISTORY OF NUTILE PITZ & ASSOCIATES

Maria Nutile, after 14 years of practicing law, took her aspirations, dreams and ambitions in to her own hands and left the “large-firm” world to open what would become a highly successful boutique law firm focusing on business and health care law. In addition to maintaining her commitment to being accessible to her clients, it is also wildly apparent that the other values the firm was founded on still ring true today – customer service, building relationships with each client and constant study and education to always be on top of shifts in the law. So, while the values remain the same, the makeup and address of the firm have changed over time. In 2002 Maria set the wheels in motion, a year later she was joined by, now partner, Susan Pitz, a recent graduate of UNLV’s William S. Boyd School of Law. Within two years, they had outgrown their original “homey” setting and looked to Henderson for a change – in 2005 the doors opened on the location they still call home today.

After being in Las Vegas for just 1 year Maria Nutile saw this was a totally unique city-especially for businesses. . .10 years later the firm helps business people both new to the valley and locals alike to navigate this unique climate.

As quickly as Las Vegas changes it seems ever steady compared to the world of health care law. Healthcare reform is upon us and with it a new set of rules is facing the industry. Furthermore, with the implication and modifications of existing healthcare regulations (e.g., Stark law, HIPAA and anti-trust laws), the team at NutilePitz & Associates is constantly studying the law and how they apply to their clients here in Nevada, the west and throughout the nation. You will often see one of the attorneys speaking at Universities, legal and medical seminars and other educational venues sharing this knowledge.

As they celebrate their 10th year here in Southern Nevada, Nutile Pitz & Associates pride themselves in providing just that to their clients – stability.

Do You Have Your Compliance Plan and HIPAA Policies in Effect and Up-to-Date?

 

The Patient Protection and Affordable Care Act mandates that all health care providers implement compliance programs as a condition of enrollment in the Federal health care programs. The effective date of this requirement for physician practices is forthcoming, so now is the time for

providers of every size and type to get their compliance plans in place.

The Department of Health and Human Services has begun conducting HIPAA audits called for under the HITECH Act. To be prepared in event of a HIPAA audit, health care providers should act now to make sure their HIPAA policies and procedures are current and effective.

Nutile Pitz & Associates can help with your compliance needs. With broad experience in compliance matters, including a professional Certified in Healthcare Compliance, we can tailor compliance documents and activities to meet your needs.