The Health Law Center

In the past week, Michigan’s Attorney General has filed criminal charges related to healthcare professionals in Michigan. While the facts of these two cases are summarized below it should be emphasized that criminal charges are allegations of wrongdoing and that defendants are presumed innocent unless and until proven guilty. The Health Law Center will be following these cases as they move through the courts....

Michigan Attorney General Files Criminal Charges Related to Healthcare Professionals In the past week, Michigan’s Attorney General has filed criminal charges related to healthcare professionals in Michigan. While the facts of these two cases are summarized below it should be empha…

On September 1st Michigan's Attorney General Dana Nessel announced that Beverly Ann Bratcher, LPN was charged with second degree vulnerable adult abuse stemming from two incorrect medications being administered to a patient. After the administration of the medications Ms. Bratcher failed to report this error. Ms. Bratcher will be arraigned on September 14th. Second degree vulnerable adult abuse occurs when a caregiver recklessly acts or recklessly fails to act causing serious physical or mental harm to a vulnerable adult. ...

Michigan Nurse Charged With Second Degree Vulnerable Adult Abuse On September 1st Michigan’s Attorney General Dana Nessel announced that Beverly Ann Bratcher, LPN was charged with second degree vulnerable adult abuse stemming from two incorrect medications…

The federal No Surprise Act goes into effect on January 1, 2022. The intent of the Act is to protect patients from unanticipated medical bills as a result of gaps in coverage for emergency services and certain services provided by out-of-network health care providers at in-network facilities. Also, licensed health care providers and facilities, regardless of any insurance gaps and even if a patient has no insurance or is self-pay, are required to provide cost estimates for health care services. ...

https://healthlawcenterplc.com/dont-be-surprised-by-the-no-surprise-act/

Don’t Be Surprised By The No Surprise Act! The federal No Surprise Act goes into effect on January 1, 2022. The intent of the Act is to protect patients from unanticipated medical bills as a result of gaps in coverage for emergency service…

Michigan Occupational Safety and Health Administration (MIOSHA) updated its return to work COVID-19 Emergency, effective May 24, 2021 and continuing until October 14, 2021. While MIOSHA still requires employers to implement written COVID-19 preparedness and response plans, MIOSHA has eliminated a policy prohibiting in-person work for employees if they can feasibly work remotely. In other words, an employer can require employees to work in-person even if they can work remotely....

https://healthlawcenterplc.com/miosha-updates-emergency-rules/

MIOSHA Updates Emergency Rules Michigan Occupational Safety and Health Administration (MIOSHA) updated its return to work COVID-19 Emergency, effective May 24, 2021 and continuing until October 14, 2021. While MIOSHA still requ…

Frequently mental health professionals request a review of a policy and procedure or a consent forms, etc. when either forming a new practice or to determine if the existing practice’s documents are legally sufficient. Whether a new mental health practice or an existing practice, it is important that the business structure, which includes the practice’s documents and policies and procedures, be comprehensive and documents interface with each other and adhere to federal and state law. ...

https://healthlawcenterplc.com/am-i-ready-to-hang-my-mental-health-practice-shingle/

Am I Ready To Hang My Mental Health Practice Shingle? Frequently mental health professionals request a review of a policy and procedure or a consent forms, etc. when either forming a new practice or to determine if the existing practice’s documents ar…

Following multiple reports of misrepresentation and deceit, a limited licensed social worker has had her license to practice summarily suspended. Limited licensed social workers in Michigan are required to work under the supervision of a fully licensed social worker. An investigation revealed that the limited licensed social worker was advertising services as a private practice provider and falsely claimed she had a master's degree in neuroscience from Harvard University, though she never attended the University. Read More at the Attorney General's Website

https://healthlawcenterplc.com/michigan-social-workers-license-suspended-for-deceptive-advertising/

Michigan Social Worker’s License Suspended for Deceptive Advertising Following multiple reports of misrepresentation and deceit, a limited licensed social worker has had her license to practice summarily suspended. Limited licensed social workers in Michigan are re…

The Therapist Collective is hosting a free webinar presentation "HIPAA and Telehealth - Are You In Compliance?" on October 16, 2020 from 1:00 pm - 2:00 pm. The webinar will be presented by Donna J. Craig, Nurse Attorney of The Health Law Center. The presentation will cover the legal requirements of HIPAA and telehealth, how to evaluate video platforms, how do you determine if the video platform is HIPAA compliant, how to select a vendor, and much more. To register go to: The Therapist Collective

https://healthlawcenterplc.com/hipaa-telehealth-webinar-are-you-in-compliance/

HIPAA & Telehealth Webinar – Are You In Compliance? The Therapist Collective is hosting a free webinar presentation “HIPAA and Telehealth – Are You In Compliance?” on October 16, 2020 from 1:00 pm – 2:00 pm. The webinar will…

Last month Michigan’s Department of Licensing and Regulatory Affairs (LARA) held a public hearing to receive comments on proposed changes to the professional licensing disciplinary rules. These proposed rules would not only affect healthcare professionals but would also impact how healthcare attorneys represent clients facing licensing investigations and actions. When the rules are finalized, The Health Law Center, PLC will update accordingly. [ 1,575 more word ]
https://healthlawcenterplc.com/how-could-proposed-changes-to-michigans-professional-licensing-rules-affect-you/

How Could Proposed Changes To Michigan’s Professional Licensing Rules Affect You? Last month Michigan’s Department of Licensing and Regulatory Affairs (LARA) held a public hearing to receive comments on proposed changes to the professional licensing disciplinary rules. These pr…

For over a century nurses have selflessly met extraordinary obstacles and challenges to care for their patients. Most of their names had never made it to the history books nor had they always received awards or accolades. Whether during times of war or national emergencies, nurses have always been on the front lines. They provide compassionate, skilled and quality care, always with a “can do” attitude and never giving excuses. [ 2,492 more words ]
https://healthlawcenterplc.com/a-tribute-to-nurses-those-who-have-come-before-and-those-now-serving/

A Tribute to Nurses – Those Who Have Come Before and Those Now Serving For over a century nurses have selflessly met extraordinary obstacles and challenges to care for their patients. Most of their names had never made it to the history books nor had they always rece…

Thank you for all you do for your patients. You are important in restoring patients' physical, mental and emotional health. When that is not possible, you help patients transition to their new lives. You are there when a life begins and when a life ends, always supporting and uplifting families. Your empathy and compassion touches each patient in ways you will never know, but will always be appreciated and remembered by those you cared for. Thank you for being so incredible. The Health Law Center salutes nurses each and every day.
https://healthlawcenterplc.com/happy-national-nurses-day/

Happy National Nurses Day! Thank you for all you do for your patients. You are important in restoring patients’ physical, mental and emotional health. When that is not possible, you help patients transition to their ne…

Recently Governor Gretchen Whitmer issued Executive Order No. 2020-30 (COVID-19) temporary suspending scope of practice, supervision, and delegation requirements to allow licensed, registered and certified health care professionals to provide necessary medical services to support the response to the COVID-19 pandemic. This Executive Order applies to healthcare professionals working in: Ambulance operations, aircraft transport operations, non-transport, pre-hospital life support operations, and medical first response services; [ 550 more words ]
https://healthlawcenterplc.com/covid-19-governor-whitmer-issues-executive-order-to-temporarily-relax-scope-of-practice/

COVID-19 – Governor Whitmer Issues Executive Order To Temporarily Relax Scope of Practice Recently Governor Gretchen Whitmer issued Executive Order No. 2020-30 (COVID-19) temporary suspending scope of practice, supervision, and delegation requirements to allow licensed, registered and c…

The Office for Civil Rights (OCR) at the Department of Health and Human Services has issued a telehealth Notice during this COVID-19 public health emergency. During the current public health emergency OCR will exercise its enforcement discretion and will not impose penalties for noncompliance with HIPAA Rules if healthcare providers provide telehealth services through remote communication technologies. It should be clear that the relaxation of enforcement is only during this public health emergency. [ 592 more words ]
https://healthlawcenterplc.com/telehealth-services-between-health-care-providers-and-the-public-during-the-covid-19-public-health-emergency/

Telehealth Services Between Health Care Providers and the Public During the COVID-19 Public Health Emergency The Office for Civil Rights (OCR) at the Department of Health and Human Services has issued a telehealth Notice during this COVID-19 public health emergency. During the current public health emerg…

In just a week's time, the Michigan Attorney General, in totally separate cases, has charged a Farmington physician and a home health care owner of Medicaid Fraud. In the first case, Dr. Ban Mechael was charged with Medicaid Fraud and falsifying medical records based on allegations, that between 2016 and 2017 she submitted claims for phantom and unnecessary therapeutic injections/infusions and other medical procedures while she was either out of the state or the country. [ 215 more words ]
http://healthlawcenterplc.com/physician-and-home-health-care-owner-charged-in-separate-cases-with-medicaid-fraud/

Physician And Home Health Care Owner Charged In Separate Cases With Medicaid Fraud In just a week’s time, the Michigan Attorney General, in totally separate cases, has charged a Farmington physician and a home health care owner of Medicaid Fraud. In the first case, Dr. Ban…

In the American Nurses Association - Michigan Chapter's Fall 2019 newsletter, an article addressed recent cases in which healthcare professionals were criminally charged after making errors while carrying out their health care duties. Naturally these cases create concerns for nurses and other health care professionals. For a discussion of these cases, applicable Michigan law, and what steps to take to avoid errors that may harm patients, Read More at ANA-Michigan Website
http://healthlawcenterplc.com/to-err-is-human-but-is-it-criminal/

To Err Is Human…, But Is It Criminal? In the American Nurses Association – Michigan Chapter’s Fall 2019 newsletter, an article addressed recent cases in which healthcare professionals were criminally charged after making er…

Effective August 21, 2019 federal law prohibits disposing pharmaceuticals down the drain or otherwise into the water system. Pharmaceuticals include prescription drugs, over-the-counter drugs, and dietary supplements. Healthcare providers that are subject to this disposal prohibition include: Independent dental, veterinary, chiropractic, optical, and medical offices Medical, veterinary, and psychiatric hospitals, ambulance services Ambulatory surgical centers Health and outpatient care clinics… [ 256 more words ]
http://healthlawcenterplc.com/effective-august-21-2019-federal-law-prohibits-pharmaceuticals-from-being-disposed-down-the-drain/

Effective August 21, 2019 Federal Law Prohibits Pharmaceuticals From Being Disposed Down The Drain Effective August 21, 2019 federal law prohibits disposing pharmaceuticals down the drain or otherwise into the water system. Pharmaceuticals include prescription drugs, over-the-counter drugs, and …

The California Future Health and Workforce Commission recommended in a recent report that the state expand the role of nurse practitioners to combat a projected shortfall of more than 4,100 primary care clinicians over the next decade. California Assemblyman Jim Wood, a dentist, introduced a bill (read the bill) during the last legislative session to update the regulations, saying he was "looking to try to get care to my constituents." The bill would remove the red tape mandating supervision and allow nurse practitioners to practice on their own. [ 79 more words ]
http://healthlawcenterplc.com/california-physicians-oppose-expanding-nurse-practitioner-abilities/

California Physicians Oppose Expanding Nurse Practitioner Abilities The California Future Health and Workforce Commission recommended in a recent report that the state expand the role of nurse practitioners to combat a projected shortfall of more than 4,100 primary…

An Upper Peninsula psychologist was sentenced last week to 54 months to 15 years in prison on three felony counts of second degree criminal sexual conduct and 282 days each on seven other felony charges. The psychologist will also be required to pay $427,558 in restitution for Medicaid and health care fraud. The psychologist's limited license was previously summarily suspended last year based on the same facts and circumstances. [ 136 more words ]
http://healthlawcenterplc.com/psychologist-sentenced-for-criminal-sexual-conduct-delivery-of-controlled-substance-and-health-care-fraud/

Psychologist Sentenced for Criminal Sexual Conduct, Delivery of Controlled Substance and Health Care Fraud An Upper Peninsula psychologist was sentenced last week to 54 months to 15 years in prison on three felony counts of second degree criminal sexual conduct and 282 days each on seven other felony ch…

The Mental Health Access Improvement Act (S. 286) was re-introduced by Senator Stabenow (D-MI) and Senator Barrasso (R-WY), which will allow mental health counselors to bill Medicare for treating older adults with mental health conditions. The American Mental Health Counselors Association was instrumental in the introduction of S. 286. In the House, Rep. Thompson (CA-05) and Rep. Katko (NY-24) also re-introduced a similar bipartisan bill (H. 945). Read More
http://healthlawcenterplc.com/mental-health-access-improvement-act-re-introduced-in-congress/

Mental Health Access Improvement Act Re-Introduced In Congress The Mental Health Access Improvement Act (S. 286) was re-introduced by Senator Stabenow (D-MI) and Senator Barrasso (R-WY), which will allow mental health counselors to bill Medicare for treating o…

The Michigan Department of Health & Human Services recently published new enrollment and billing requirements for nurse practitioners (NP) and clinical nurse specialists (CNS) who participate in Michigan's Medicaid program. These new guidelines were effective June 1, 2019 and require: Enrollment Requirements for Clinical Nurse Specialists - Enroll in the Medicaid Program with a collaborating physician, pursuant to a written collaborative practice agreement; [ 282 more words ]
http://healthlawcenterplc.com/new-michigan-medicaid-enrollment-and-billing-requirements-for-nurse-practitioners-and-certified-nurse-specialists/

New Michigan Medicaid Enrollment and Billing Requirements for Nurse Practitioners and Certified Nurse Specialists The Michigan Department of Health & Human Services recently published new enrollment and billing requirements for nurse practitioners (NP) and clinical nurse specialists (CNS) who participate i…

All healthcare providers want to grow their practices with new patients while keeping existing patients. In a recent article in Medical Economics, it suggests that 81% of consumers are unsatisfied with their healthcare experience. Patients are increasingly turning to providers who regularly connect with them and offer flexibility with how they schedule appointments, share information, and make payments. In the article they suggest offering speedy scheduling and check-in options, use of telehealth options, and communicate in more personal ways. [ 65 more words ]
http://healthlawcenterplc.com/happy-patients-happy-providers-are-your-patients-satisfied-with-their-healthcare-experience/

Happy Patients, Happy Providers – Are Your Patients Satisfied With Their Healthcare Experience? All healthcare providers want to grow their practices with new patients while keeping existing patients. In a recent article in Medical Economics, it suggests that 81% of consumers are unsatisfied…

If you are a registered nurse considering an advanced degree as a nurse practitioner (NP), or are currently enrolled in a nurse practitioner educational program, you should know what a NP's earning potential is in various states. While compensation may vary from setting to setting, the Nurse Journal's website is a good starting point in determining compensation ranges. The Nurse Journal has provided NP salary data, as sourced from the U.S. Bureau of Labor Statistics. Read More from the Nurse Journal
http://healthlawcenterplc.com/nurse-practitioners-know-your-value/

Nurse Practitioners, Know Your Value If you are a registered nurse considering an advanced degree as a nurse practitioner (NP), or are currently enrolled in a nurse practitioner educational program, you should know what a NP’s e…

Each year we celebrate nurses for all they do for their patients and communities. International Nurses Day is celebrated on May 12, the anniversary of Florence Nightingale’s birth. In the United States, we celebrate National Nurses Week from May 6 – to 12 in honor of nurses nationwide. Please take the time to thank a nurse because: Nurses Improve Lives… [ 113 more words ]
http://healthlawcenterplc.com/celebrate-nurses-week-thank-a-nurse/

Celebrate Nurses Week – Thank a Nurse Each year we celebrate nurses for all they do for their patients and communities. International Nurses Day is celebrated on May 12, the anniversary of Florence Nightingale’s birth. In the United …

The Michigan Attorney General's Office announced its Consumer Protection Division has been contacted by consumers after receiving multiple notification letters from Inmediata Health Group regarding a data breach. Inmediata's data breach resulted from inappropriate website settings permitted search engines to index internal web pages. It is unclear how much personal and medical information were accessible as a result of the breach. [ 26 more words ]
http://healthlawcenterplc.com/michigan-attorney-general-announces-health-care-data-breach/

Michigan Attorney General Announces Health Care Data Breach The Michigan Attorney General’s Office announced its Consumer Protection Division has been contacted by consumers after receiving multiple notification letters from Inmediata Health Group reg…

As of April 30, 2019 the Brookside ENT and Hearing Center in Battle Creek will be closing after it suffered a ransomware attack. The ransomware encrypted the practice's system which housed patient records, appointment schedules, and payment information, rendering data inaccessible. The attacker demanded a ransom of $6,500 in exchange for a key to decrypt the files. Fearing demands for additional payments or the key to decrypt files would not be provided, Drs. [ 119 more words ]
http://healthlawcenterplc.com/battle-creek-medical-practice-forced-to-close-after-ransomware-attack/

Battle Creek Medical Practice Forced To Close After Ransomware Attack As of April 30, 2019 the Brookside ENT and Hearing Center in Battle Creek will be closing after it suffered a ransomware attack. The ransomware encrypted the practice’s system which housed…

The National Council of State Boards of Nursing has published a white paper summarizing current legislation, reviews of scientific literature, and nursing implications in the care of patients using medical ma*****na. Read More
http://healthlawcenterplc.com/national-council-of-state-boards-of-nursing-publishes-guidelines-for-medical-ma*****na/

National Council of State Boards of Nursing Publishes Guidelines for Medical Ma*****na The National Council of State Boards of Nursing has published a white paper summarizing current legislation, reviews of scientific literature, and nursing implications in the care of patients using…

Recently the Department of Health and Human Services' Office for Civil Rights reported that Zoll Medical experienced a data breach of 277,319 patients' information during a recent server migration upgrade. During the migration process a third party vendor archived emails which contained personal information of patients. Zoll said patient names, addresses, dates of birth and limited medical information could have been exposed as a result of the data breach. [ 161 more words ]
http://healthlawcenterplc.com/dont-risk-disclosing-patient-information-when-upgrading-data-systems/

Don’t Risk Disclosing Patient Information When Upgrading Data Systems Recently the Department of Health and Human Services’ Office for Civil Rights reported that Zoll Medical experienced a data breach of 277,319 patients’ information during a recent serve…

Once an investigation is completed, the licensure matter is reviewed by the Bureau of Professional Licensing to determine whether the health care professional’s actions or inactions violated Michigan’s public health code. The Bureau of Professional Licensing may take any number of actions such as: closing the file if the investigation did not show a violation of the public health code; issuing a formal administrative complaint; summarily suspend a health care professional’s license if the public’s health, safety, or welfare requires emergency action; or issue a cease and desist order requiring a health care professional to cease a particular conduct. [ 745 more words ]
http://healthlawcenterplc.com/what-happens-if-my-professional-license-is-sanctioned/

What Happens If My Professional License Is Sanctioned? Once an investigation is completed, the licensure matter is reviewed by the Bureau of Professional Licensing to determine whether the health care professional’s actions or inactions violated Michig…

Occasionally patients are non-compliant with treatment care plans, are frequent no-shows, or the relationship between the healthcare provider and patient has deteriorated to the point that a meaningful treatment relationship ceases to exist. When these situations arise, there are always questions as to how to terminate the healthcare provider-patient relationship. There are some general guidelines to follow, such as providing the patient with a 30 day notice of termination. [ 134 more words ]
http://healthlawcenterplc.com/when-the-healthcare-provider-and-patient-need-to-part-ways/

When The Healthcare Provider And Patient Need To Part Ways Occasionally patients are non-compliant with treatment care plans, are frequent no-shows, or the relationship between the healthcare provider and patient has deteriorated to the point that a meanin…

Data from the American Association of Colleges of Nursing and the National Council of State Boards of Nursing show the number of nurse practitioners continues to increase. Based on 2017 data, approximately 28,000 nurses graduated from nurse practitioner programs in the United States. This graduation rate is up from 23,000 graduates in 2016. These nurse practitioners are also seeing more opportunities following graduation. [ 80 more words ]
https://healthlawcenterplc.com/physicians-see-nurse-practitioners-as-a-win-win-for-the-care-of-patients/

Physicians See Nurse Practitioners As A Win-Win For The Care Of Patients Data from the American Association of Colleges of Nursing and the National Council of State Boards of Nursing show the number of nurse practitioners continues to increase. Based on 2017 data, appr…

A Georgia based pediatric cardiologist was recently sentenced to six months of probation for a HIPAA violation he had previously plead guilty to in 2018. He faced up to one year in prison for the HIPAA violation. The physician was prosecuted by the Department of Justice in Massachusetts in connection with an investigation into the Massachusetts-based pharmaceutical company, Aegerion. The violation occurred when the pediatric cardiologist allowed pharmaceutical sales representatives access to medical information of patients who were not diagnosed with a condition treated by one of the pharmaceutical company's drugs. [ 190 more words ]
http://healthlawcenterplc.com/physician-criminally-sentenced-for-hipaa-violation-could-you-defend-a-similar-violation/

Physician Criminally Sentenced For HIPAA Violation – Could You Defend A Similar Violation? A Georgia based pediatric cardiologist was recently sentenced to six months of probation for a HIPAA violation he had previously plead guilty to in 2018. He faced up to one year in prison for the …