Shared Flashcard Set

Details

Legal Considerations
Professional Practices
33
Audiology
Graduate
09/10/2018

Additional Audiology Flashcards

 


 

Cards

Term
What does LLC stand for?
Definition
Limited Liability Company
Term
Advantage of LLC:
-protects business owner’s personal assets against “___”
claims that result from business operations. Ex: ??
-“tort” can be from ___ harm or ___ harm or breach of ___, failure to conform to a standard of care, or “strict liability” in which pt experiences harm that is not the fault of the ___
Definition
tort; some one falls; negligent; intentional; duty; provider
Term
single owner or if fail to formally establish an entity to own the business
Definition
Sole proprietorship
Term
have less limited liability (less protective) than LLC
Definition
Partnership
Term
partnership that offers more asset protection than partnership
Definition
Limited liability partnership (LLP)
Term
private or civil wrong or injury, other than a breach of contract, for which the court provides a remedy (e.g. action for damages)
Definition
Tort
Term
owners are liable for actions of employees
Definition
Vicarious liability
Term
embezzlement, forgery, fraud, larceny
Definition
Criminal liability
Term
___ & ___ are better than partnerships & sole proprietorships (personal communication, Tom Adler, Attorney/CPA)
Definition
corporations; LLCs
Term
COMPENSATION & BENEFITS:
-Base salary & additional compensation formula relative to each owner’s ___  
-Allocate compensation on a ___ rated basis each year; works well when all have comparable (and positive) productivity   401(k)  
-Simplified Employee Pension Plans “SEPs”  
-SIMPLE IRA plans  
-Flexible benefit plans, aka “cafeteria” plans allow workers to
contribute pretax $ to ___ ___ & other non-covered ___ ___ (deductibles, co-pays)
Definition
productivity; pro; group insurance; health costs
Term
what most other providers would typically do in a similar situation; what is considered to be “best” practice
Definition
Standard of Care
Term
___ ___ insurance insures against malpractice
Definition
Professional liability
Term
What are 2 professional liability insurance examples for audiologists?
Definition
Healthcare Providers Service Organization (HPSO) and Mercer
Term
ANTI-KICKBACK STATUTE:
-___ law
-___ & makes ___ any offer, payment, solicitation, or receipt of value for influencing referrals to providers for services or items covered by Medicare or Medicaid
Definition
Federal; Prohibits; criminal
Term
Stark Laws:
-___ law
-Prohibits referrals by physicians in which the referring MD has a direct or indirect ___ interest for “designated” health services covered by Medicare or Medicaid
-Example: violation if a physician was an owner of a medical imaging business and referred his/her patients to only that business for imaging studies (basically _____________)
Definition
Federal; financial; referring to yourself
Term
False Claims Act:
-___ law (that dates back to the US Civil War)  
-Allows any citizen to bring a claim for ___ billing of the federal government
Definition
Federal; fraudulent
Term
VIOLATIONS FALSE CLAIMS ACT:
-Filing claims for services not ___  
-Filing claims for services not ___ ___ 
-Billing for ___-___ services  
-Not billing with the correct ___ ___  
-___ a diagnosis  
-“___”- billing for service at a higher rate
Definition
rendered; medically necessary; non-covered ; provider #; Falsifying; upcoding
Term
when a trusted person steals funds, files, or other items of value from the practice; premeditated crime done methodically
Definition
Embezzlement
Term
___% of embezzlements are committed by 10% of work force; costs $___billion per year
Definition
95; 40
Term
Possible Clues for Embezzlement:
-Hard to ___ who will embezzle  
-Employees with excessive ___; gambling debt  
-Employees who make major ___ changes; living beyond
their means  
-Employees who ask about ___ (overly enthusiastic)
-___ employee  
-___ attitude; want to work alone  
-Do not take ___ ___; do not want others to take over their ___
Definition
predict; debt; lifestyle; processes; Disgruntled; Hostile; time off; duties
Term
Summarize 3 recommended protections against embezzlement
Definition
1. Create a climate of accountability (look at financial procedures)
2. Do background check before hiring
3. Sign & verify all checks, including payroll
Term
Billing for services without a license
Definition
Fraud
Term
Compensation and Benefits:
-Base salary & additional compensation formula relative to each owner’s  ___
-Allocate compensation on a ___ rated basis each year; works well when all have ___ (and positive) productivity
-___ benefit plans, aka “cafeteria” plans allow workers to
contribute pretax $ to group insurance & other non-covered
health costs (deductibles, co-pays)
Definition
productivity; pro; comparable; Flexible
Term
Changed how providers create, share, use & disclose health
information
Definition
Health Insurance Portability and Accountability Act (HIPPA)
Term
What are some covered entities under HIPPA?
Definition
Health plans, healthcare clearinghouses, and any providers who transmit health information
Term
Addresses who can have access to protected health information (PHI)
Definition
Privacy rule
Term
Concerned with only those who should have access to
records actually do have access
Definition
Security rule
Term
any information created or received by a provider that relates to the past, present, or future physical or mental health condition of a patient, or the past, present, or future payment
for the provision of health care to a patient, or the provision of
healthcare to a patient
Definition
Health information
Term
individually identified health information held or disclosed by a practice regardless of how it is communicated (electronically, verbally, or written)
Definition
Protected health information (PHI)
Term
PHI that is created, maintained, or transmitted in electronic form
Definition
Electronic protected health information (EPHI)
Term
a person or entity that is not a member of a practice’s workforce who uses or discloses PHI to carry out functions on the practice’s behalf
Definition
Business associates (BA)
Term
HIPAA requires that CE has ___ ___ agreement
Definition
BA
Term
What are some examples of audiology BAs?
Definition
billing and collection agencies, IT services, consultants.
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