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Most Physicians Not Using the Prescription Drug Monitoring Program

By Danielle M. Murray, J.D.

The Florida Prescription Drug Monitoring Program is apparently collecting dust as physicians are choosing not to use it. The Tampa Bay Times reported on October 5, 2012, that as few as one in twelve doctors have ever used the database. That is about eight percent (8%) of all physicians. Approximately fourteen percent (14%) of physicians are registered for the database.

Click here to read the entire story from the Tampa Bay Times.

Physicians Don’t Want to Use the Database.

Physicians interviewed for the article said the problem is that database use is not mandatory. Physicians are not required to review the database prior to accepting a new patient, or prior to giving out a prescription. Some physicians said they would ask the pharmacy or check the local arrest records if they had a suspicion that the patient was abusing drugs or “doctor shopping.”

One potential reason that physicians may not check the database is simply that they don’t want to know. If they know a patient is abusing prescription drugs, then that patient has to be sent away, and that is a loss of business. Another reason could be some doctors may not know the database exists, and other doctors may simply be too busy to bother.

In Some States the Database Is Mandatory.

The prescription drug database in Kentucky had a similar usage problem until the state made it mandatory for physicians to check the database. A mandatory law in Ohio resulted in shock when physicians saw the reality of the large number of prescription drug abusers in their practices.

For the foreseeable future, using the database will not be mandatory for physicians. However, physicians should consider using the database, or otherwise remaining vigilant to avoid being labeled an overprescriber.

For legal tips for working with pain patients, click here.

Does the Database a Make it Easier to Prosecute?

From my perspective, I have seen the database in Florida used mostly as a tool for prosecution of pain management physicians and pharmacists. Even in cases where the pharmacist has been the one to notify the authorities of suspected forged prescriptions and where the pharmacist has cooperated in prosecuting the criminals, I have seen this database cited as evidence against him or her. I do not believe this is what the legislation intended.

Contact an Attorney Experienced in Department of Health (DOH) and Drug Enforcement Administration (DEA) Investigations.

As a health care professional, you may one day be charged with overprescribing narcotics or even criminally charged in the death of a patient due to their drug habits. If you are contacted by the Department of Health (DOH) or the Drug Enforcement Administration (DEA), do not sign anything or make any statements to anyone. Call an experienced health law attorney to learn about your rights in such a case.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

As a physician, do you use the Florida Prescription Drug Monitoring Program? Why or why not? Please leave any thoughtful comments below.

Source:

Cox, John Woodrow, “Florida Drug Database Intended to Save Lives is Barely Used by Doctors.” Tampa Bay Times. October 7, 2012. http://www.tampabay.com/news/health/florida-drug-database-intended-to-save-lives-is-barely-used-by-doctors/1255062

About the Author: Danielle M. Murray is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

By The Health Law Firm|2024-03-14T10:00:39-04:00June 1, 2018|Categories: DEA, Department of Health, In the News, Pain Management, Pharmaceutical Drugs, Pharmacy, The Health Law Firm Blog|Tags: board of medicine, controlled substances, criminal, dea, DEA investigation, defense attorney, defense lawyer, department of health, doctor, doh, drug enforcement administration, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, overprescribing, pain management, pharmacies, pharmacist, pharmacist license, physician, pill mill, pill mill laws, prescription drug trafficking|Comments Off

Do You Need A HIPAA Risk Assessment?

By Danielle M. Murray, J.D.

As a health care provider or owner of a health facility, you know about the Health Insurance Portability and Accountability Act (HIPAA) of 1996. You know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. Did you know that you may need a HIPAA Risk Assessment?

If You Are A Health Care Provider You Face an Audit Risk.

The Office for Civil Rights (OCR) is stepping up enforcement around the country of “covered entities” and business associates. OCR auditors will send a letter informing you that within 30 days, they will be in your office reviewing your organization and interviewing your key staff members. If the auditor finds flaws with your office, you will be made aware of them, and then re-reviewed later, if you are not first fined or otherwise sanctioned. It is a very real and likely situation that many practices, facilities, and their business associates will be faced with in the coming months and years.

Frequently, an investigation into HIPAA violations is started due to disgruntled employees, patient complaints, theft or loss of records, security breaches, and improper disclosure.

A HIPAA Risk Assessment is Mandatory by Law.

A HIPAA Risk Assessment is a thorough review and analysis of areas where you may have risk of violating the HIPAA laws. Federal regulations require that covered entities have this assessment done. Specifically, the regulation says that covered entities must:

[c]onduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of electronic protected health information held by the covered entity.

To see this regulation in full, go to http://law.justia.com/cfr/title45/45-1.0.1.3.70.3.33.4.html.

Practices Big and Small Can Be Audited.

Large and small practices have been targeted by HIPAA Compliance Audits. UCLA was fined $865,000 because some of its employees improperly peeked into hospitalized celebrities’ medical records. The Alaska Department of Health and Social Services was fined $1,700,000 when a USB hard drive full of protected health information was stolen from an employee’s car. In another case, a specialty physician practice in Arizona was fined $100,000 because it used a public internet calendar to post clinical and surgical appointments.

All of these stories had something in common: they did not conduct a HIPAA risk assessment, they did not implement administrative safeguards, and they were fined a lot of money. Could your practice afford that sort of cost? Not to mention the potential criminal liability that comes with privacy violations.

HIPAA Risk Assessments Are A Pre-Emptive Measure to Limit Sanctions.

A HIPAA risk assessment can significantly reduce, if not entirely eliminate, your exposure to regulatory and litigation sanctions. It will identify areas for improvement and allow them to be corrected before an auditor finds the issue and causes unwanted problems for you and your practice.

HIPAA laws have likely changed since you last edited your privacy forms and procedures. Many health providers simply don’t have the time to re-review their policies and revise documents. In a perfect practice, this would be done every 6 months.

When the OCR auditor comes to visit your office to check for HIPAA compliance, they will ask for your Risk Assessment. Do you have one? Does your staff know who your HIPAA compliance officer is? Call an experienced health law attorney to complete a risk assessment of your practice today.

For more on HIPAA, read our two-part blog. Click here for part one and here for part two.

Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Comments?

What are your thoughts? Is HIPAA working? Not working? Has HIPAA increased the protection of your health information? What could be done to improve it? Please leave any thoughtful comments below.

About the Author: Danielle M. Murray is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

By The Health Law Firm|2024-03-14T10:00:38-04:00June 1, 2018|Categories: HIPAA, In the Know, The Health Law Firm Blog|Tags: administrative, civil, compliance, criminal, defense attorney, defense lawyer, doctor, fines, Health Insurance Portability and Accountability Act, hipaa, HIPAA audit protocol, HIPAA compliance, HIPPA audits, license, licensed clinical social worker, licensed mental health counselor, mental health, physician, policy, practice, privacy, psychologist, psychology, risk assessment, sanctions, security|Comments Off

Avoid Costly HIPAA Violations with a HIPAA Risk Assessment

By Danielle M. Murray, J.D.

As a health care provider or owner of a health facility, you know about the Health Insurance Portability and Accountability Act (HIPAA) of 1996. You know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. Did you know that you may need a HIPAA Risk Assessment?

All Health Care Providers Face the Risk of Being Audited.

The Office for Civil Rights (OCR) is stepping up enforcement around the country of “covered entities” and business associates. OCR auditors will send a letter informing you that within 30 days, they will be in your office reviewing your organization and interviewing your key staff members. If the auditor finds flaws with your office, you will be made aware of them, and then re-reviewed later, if you are not first fined or otherwise sanctioned. It is a very real and likely situation that many practices, facilities, and their business associates will be faced with in the coming months and years.

Frequently, an investigation into HIPAA violations is started due to disgruntled employees, patient complaints, theft or loss of records, security breaches, and improper disclosure.

A HIPAA Risk Assessment is Required.

A HIPAA Risk Assessment is a thorough review and analysis of areas where you may have risk of violating the HIPAA laws. Federal regulations require that covered entities have this assessment done. Specifically, the regulation says that covered entities must:
[c]onduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of electronic protected health information held by the covered entity.

To see this regulation in full, go to http://law.justia.com/cfr/title45/45-1.0.1.3.70.3.33.4.html.

Auditors Do Not Care About the Size of Your Practice.

Large and small practices have been targeted by HIPAA Compliance Audits. UCLA was fined $865,000 because some of its employees improperly peeked into hospitalized celebrities’ medical records. The Alaska Department of Health and Social Services was fined $1,700,000 when a USB hard drive full of protected health information was stolen from an employee’s car. In another case, a specialty physician practice in Arizona was fined $100,000 because it used a public internet calendar to post clinical and surgical appointments.

All of these stories had something in common: they did not conduct a HIPAA risk assessment, they did not implement administrative safeguards, and they were fined a lot of money. Could your practice afford that sort of cost? Not to mention the potential criminal liability that comes with privacy violations.

HIPAA Risk Assessments Will Show You Weak Areas.

A HIPAA risk assessment can significantly reduce, if not entirely eliminate, your exposure to regulatory and litigation sanctions. It will identify areas for improvement and allow them to be corrected before an auditor finds the issue and causes unwanted problems for you and your practice.

HIPAA laws have likely changed since you last edited your privacy forms and procedures. Many health providers simply don’t have the time to re-review their policies and revise documents. In a perfect practice, this would be done every 6 months.

When the OCR auditor comes to visit your office to check for HIPAA compliance, they will ask for your Risk Assessment. Do you have one? Does your staff know who your HIPAA compliance officer is? Call an experienced health law attorney to complete a risk assessment of your practice today.

For more on HIPAA, read our two-part blog. Click here for part one and here for part two.

Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Comments?

What are your thoughts? Is HIPAA working? Not working? Has HIPAA increased the protection of your health information? What could be done to improve it? Please leave any thoughtful comments below.

About the Author: Danielle M. Murray is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Categories: Dental Law, Dentist Defense attorney, Dentistry Law, Licensure matters|Tags: administrative, civil, compliance, criminal, defense attorney, defense lawyer, doctor, fines, Health Insurance Portability and Accountability Act, hipaa, HIPAA audit protocol, HIPAA compliance, HIPPA audits, license, licensed clinical social worker, licensed mental health counselor, mental health, physician, policy, practice, privacy, psychologist, psychology, risk assessment, sanctions, security|Comments Off

Do You Need a HIPAA Risk Assessment?

By Danielle M. Murray, J.D.

As a health care provider or owner of a health facility, you know about the Health Insurance Portability and Accountability Act (HIPAA) of 1996. You know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. Did you know that you may need a HIPAA Risk Assessment?

OCR Auditors Are Stepping Up Enforcement.

The Office for Civil Rights (OCR) is stepping up enforcement around the country of “covered entities” and business associates. OCR auditors will send a letter informing you that within 30 days, they will be in your office reviewing your organization and interviewing your key staff members. If the auditor finds flaws with your office, you will be made aware of them, and then re-reviewed later, if you are not first fined or otherwise sanctioned. It is a very real and likely situation that many practices, facilities, and their business associates will be faced with in the coming months and years.

Frequently, an investigation into HIPAA violations is started due to disgruntled employees, patient complaints, theft or loss of records, security breaches, and improper disclosure.

The Law Requires a HIPAA Risk Assessment.

A HIPAA Risk Assessment is a thorough review and analysis of areas where you may have risk of violating the HIPAA laws. Federal regulations require that covered entities have this assessment done. Specifically, the regulation says that covered entities must:

[c]onduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of electronic protected health information held by the covered entity.

To see this regulation in full, go to http://law.justia.com/cfr/title45/45-1.0.1.3.70.3.33.4.html.

Can You Afford the Fine?

Large and small practices have been targeted by HIPAA Compliance Audits. UCLA was fined $865,000 because some of its employees improperly peeked into hospitalized celebrities’ medical records. The Alaska Department of Health and Social Services was fined $1,700,000 when a USB hard drive full of protected health information was stolen from an employee’s car. In another case, a specialty physician practice in Arizona was fined $100,000 because it used a public internet calendar to post clinical and surgical appointments.

All of these stories had something in common: they did not conduct a HIPAA risk assessment, they did not implement administrative safeguards, and they were fined a lot of money. Could your practice afford that sort of cost? Not to mention the potential criminal liability that comes with privacy violations.

HIPAA Risk Assessments Can Significantly Reduce Your Exposure to Regulatory and Litigation Sanction.

A HIPAA risk assessment can significantly reduce, if not entirely eliminate, your exposure to regulatory and litigation sanctions. It will identify areas for improvement and allow them to be corrected before an auditor finds the issue and causes unwanted problems for you and your practice.

HIPAA laws have likely changed since you last edited your privacy forms and procedures. Many health providers simply don’t have the time to re-review their policies and revise documents. In a perfect practice, this would be done every 6 months.

When the OCR auditor comes to visit your office to check for HIPAA compliance, they will ask for your Risk Assessment. Do you have one? Does your staff know who your HIPAA compliance officer is? Call an experienced health law attorney to complete a risk assessment of your practice today.

For more on HIPAA, read our two-part blog. Click here for part one and here for part two.

Contact a Health Law Attorney Experienced in Defending HIPAA Complaints and Violations.

The attorneys of The Health Law Firm represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in investigating and defending alleged HIPAA complaints and violations and in preparing Corrective Action Plans (CAPs).

For more information about HIPAA violations, electronic health records or corrective action plans (CAPs) please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Comments?

What are your thoughts? Is HIPAA working? Not working? Has HIPAA increased the protection of your health information? What could be done to improve it? Please leave any thoughtful comments below.

About the Author: Danielle M. Murray is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

By The Health Law Firm|2024-03-14T10:01:12-04:00May 15, 2018|Categories: Defense, HIPAA|Tags: administrative, civil, compliance, criminal, defense attorney, defense lawyer, doctor, fines, Health Insurance Portability and Accountability Act, HIPAA audit protocol, HIPAA compliance, HIPPA audits, license, licensed clinical social worker, licensed mental health counselor, mental health, physician, policy, practice, privacy, psychologist, psychology, risk assessment, sanctions, security|3 Comments