Tag: Legal

Q. How do I classify someone providing services for my business?   A. Business owners often inform me that their workers are paid as either independent contractors (1099) or employees (W2) based solely on their or the worker’s preference.   While a worker or business owner may, for example, prefer an independent contractor classification – and the corresponding ability to have write-offs and not incur payment of employer related taxes, respectively – whether an employer/employee...

Q. What should I do in the wake of the Philips recall?  A. On June 14, 2021, Phillips Respironics announced a voluntary recall for certain devices used to treat obstructive sleep apnea (OSA), including continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP) devices and mechanical ventilators. This has resulted in patients being required to wait a number of months, if not longer, for their Respironics devices to either be replaced or repaired. Because of this...

When you speak to industry attorneys, you get a wealth of information, more than can fit into a 400-word story for the November issue. So here are some outtakes from my recent conversations with Jeff Baird: Same or separate If an HME company wants to explore retail, it has two options, Baird says: They can do it under their existing company, ABC Medical, which has a PTAN; or a separate company, ABC Retail, which has no PTAN. Baird says he prefers the latter option, because it eliminates a number...

WASHINGTON - With the Office of Civil Rights gearing up for phase 2 of its HIPAA Audit Program, HME providers could be doing a better job of protecting patient information, legal experts say.“For the most part, they probably do not take it as seriously as they should,” said healthcare attorney Denise Leard with Brown & Fortunatoin Amarillo, Texas. “I think there are a lot of opportunities to go wrong.”Last week, the OCR announced plans to obtain and verify contact information...

NASHVILLE, Tenn. - A national provider of mail order diabetes supplies denies allegations that it has violated telemarketing laws in Missouri.The Missouri Attorney General's Office on March 15 filed a lawsuit against Simplex Healthcare, claiming that the provider violated the state's “No Call” list over a period of more than two years by calling residents who had signed up for the list, which is managed by the attorney general's office.“Simplex takes compliance with all laws very...

These two questions recently landed in the email inbox of Jeffrey Baird: What's the difference between 1099 and W2 employees, and can I employ a medical director? Here's what Baird, chairman of the Health Care Group at Amarillo, Texas-based Brown & Fortunato, had to say. It's all about control The crux of the difference between 1099 independent contractors and W2 full-time and part-time employees, Baird says, is whether the HME provider has supervision and control over the employee. “If a rep...

YARMOUTH, Maine - When it comes to getting referrals from hospitals, the odds may be stacked against independent HME providers. Hospitals are required by law to present a list of home health agencies and skilled nursing facilities to patients and offer them choice. But they're not required to do that for HME companies, say industry attorneys. "Hospitals don't have to give the same degree of detail for HME that they have to give for home health," said Neil Caesar, president of the Health Law Center...