The Intersection of Health Careers and Law
The intersection of health careers and the law happens more than you think. Your ability to work legally in the field of health education, healthcare or medical education may be dependent upon understanding state licensure laws. However, the careers in healthcare also have other legal considerations. Compliance with health-related law is essential in order to avoid legal disputes. Health education graduates and health professionals are not always accountants, businessmen and women, or demand in-depth knowledge of law. They must have a working knowledge of federal and state laws, and be able to function within the law as they go about their daily tasks.
Having a thorough understanding of state regulations and the importance of having an attorney can keep the health professional from encountering legal barriers. Licensing issues, HIPAA privacy breaches, insurance billing mistakes, employment contract disputes and more are potential problems in every healthcare field. Legal issues can jeopardize your career or business without legal advice. Generally, the following areas of law pertain to those in the health education and health professional business:
- Privacy, protection and confidentiality
- Fraud, malfeasance and white collar crime
- Human resources and human relations issues
- Risk management
- Informed consent
- Physician/provider-patient agreements
- Malpractice and medical malpractice
- Billing and double billing
- Liens and liens on patient health records
Malpractice is one of the most obvious issues that can become the focus of lawsuits against a health care facility, medical clinic or a health education provider. Laws of liability are generally established under the doctrine of respondeat superior. This means that the employer or hiring entity is responsible for the actions of its employees. The law expects efficiency and professionalism in all workplaces. If a medical doctor booby traps his office door with a tack, and a person gets injured, that employee may be responsible. The doctor however, is liable for the injuries.
Those providing home health services are also responsible for providing any treatments that are within the approved scope of practice. For example, an LPN cannot perform a skilled nursing duties, such as changing a colostomy bag. Using universal precautions prevents the spread of infections and disease, therefore practitioners need to be legally aware of what protections to take in order to avoid causing someone to become exposed to an undesirable infection. It is not uncommon for health insurance providers to deny claims. Such denials open the door to billing errors, liens, fraud, illegal kickbacks and other violations. Healthcare providers, medical business entities and medical facilities are subject to various federal and state laws that are aimed at preventing Medicare and Medicaid fraud. Medical providers and practices often need legal assistance in responding to investigations. Laws regulating billing and coding requirements are also under enforcement.
If you work in the medical field, having an attorney on your side can help you navigate any legal hurdles. This will help you avoid any business related practice errors. Hospitals, clinics, doctor’s offices and other medical businesses can benefit from having an attorney on call. Complex issues require the guidance of an experienced lawyer who understands the legal landscape and potential exposures. Oklahoma attorneys have exclusively served the healthcare and medical instruction community in Oklahoma for decades. From a vocational standpoint, what should you look at when you consider retaining a comprehensive law firms in Oklahoma?
- Firm experience with billing or medical malpractice issues.
- Academic credentials which indicate advanced study or extensive practical experience in health care law.
- Ongoing education in healthcare or medical law-has the firm written articles for professional health law publications?
- Continuing education in health information technology. Does the firm understand electronic medical records, or MPI (Medical Protection Insurance) requirements?
- Does the firm have a website that addresses issues and news pertinent to the health sector?
- Does the firm address federal and state laws and regulations as they affect the medical community?
These are just a few of the aspects of a law firm that will directly impact the health education, medical education or healthcare field. The law firms in Oklahoma that made this list are known to provide services to the health care and medical business community. Your education and experience earned a degree of respect. Don’t allow law violations to tarnish your professional identity.