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News — dental compliance

Sometimes You've Got To Be Your Own Snitch

Sometimes when you mess up – and that mess up involves Medicare, Medicaid, or funds from another government healthcare program – not only do you have to fix the mess, but you may also have to go back and make amends to limit your liability and hedge against civil and/or criminal prosecution later. Hospitals do it. Physician groups do it. Ambulance providers do it. Home health does it. What? Get busted for coding, documentation, and billing problems. The federal government developed the Self-Disclosure Protocol (“SDP”) for healthcare providers to be able to bring themselves forward to the government in a...

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GUEST POST: Website Disclosures Pursuant to the Board’s Business Promotion Rules - By Laura Diamond, Attorney

In today’s environment, a practice website is a nearly essential element to a well-rounded marketing strategy. A strong website is an effective and cost-efficient way to promote a dental practice. It also can provide information to current and prospective patients. Practice websites are considered business promotion by Texas State Board of Dental Examiners and must comply with the Board’s rules regarding advertising.       Overall, the Board’s business promotion rules require dentists to communicate truthfully to the public. To that end, Rule 108.59 delineates the four essential disclosures required by dental practice websites. These components represent the minimum information...

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HIPAA Alert: $475,000 Hit for Late Breach Notification By Jeanine Lehman, Attorney

On January 9, 2017, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), announced the first HIPAA enforcement action and settlement based on the late reporting of a breach of unsecured protected health information (PHI). Presence Health, a large Illinois healthcare network, settled potential violations of the HIPAA Breach Notification Rule by paying $475,000 and implementing a corrective action plan. The breach involved missing paper-based operating room schedules containing the PHI of 836 individuals. Information included individuals’ names, dates of birth, medical record numbers, dates of procedures, types of procedures, surgeon names, and types of anesthesia....

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The Use of Designated Agents in Your Practice

Ask yourself the following questions. Does anyone other than the dentist ever: Prepare prescriptions for controlled substances for the dentist’s signature? Call or fax prescriptions to a pharmacy? Handle controlled substances for ordering, inventorying, shipping/receiving, and/or preparing for the dentist’s administration to a patient? Look up patient/caregiver drug histories in the Prescription Monitoring Program (PMP)? Look up the dentist’s prescribing history in the PMP? Transport controlled substances to a satellite office? If you answered ‘yes’ to any of these questions, your office should officially authorize the staff members who perform these functions to be in compliance with federal regulations regarding...

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N2O Safety & Compliance is not Laughing Matter

Some states require separate credentialing for dentists and auxiliary staff for nitrous oxide administration. Typically, dentists are required to have a permit for this. Many states also require dental assistants and hygienists to have a separate certificate to monitor a patient who on N2O.If N2O is used in a dental office, I highly recommend that hygienists and dental assistants obtain their N2O monitoring certification (if required). It affords the dentist the flexibility to step out of the operatory during a procedure. It also eliminates the potential for allegations that an auxiliary practice outside their scope.For auxiliary staff, practicing outside their...

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