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Author: Jacqueline Bain
Company: Florida Healthcare Law Firm
Region: Florida/National
Website: www.floridahealthcarelawfirm.com
Author Comment / Biography:
Ms. Bain is a proficient healthcare attorney with the Florida Healthcare Law Firm in Delray Beach, FL. Her background focused on negotiating and analyzing healthcare contracts for compliance and has specific experience regarding compliance with Federal Stark Law, Anti-Kickback Statute, False Claims Act and HIPAA, and State laws on fee-splitting, the corporate practice of medicine and all of the reporting issues that affect individual providers, group providers, provider networks, hospitals, skilled nursing facilities and drug & alcohol treatment centers. Clientele in the drug & alcohol treatment industry specifically benefit from her compliance experience and proficiency with DCF policies and procedures.
Ms. Bain has lectured extensively for her clients and enjoys the opportunity to speak to her community on various aspects of healthcare reform, and specifically the Affordable Care Act. Chambers of Commerce and specialty medical societies alike have invited her to guide them through the changes that small healthcare businesses are facing and can expect during the Act's implementation timeline. She has also provided a number of free webinars for audiences comprised of clientele and community, including “Compliance Programs for Drug & Alcohol Treatment Centers,” “Legal Consideration for Medical Directors,” and “HIPAA & OSHA Compliance Within MedSpa Settings.”
Jacqueline graduated from the State University of New York at Albany magna cum laude and the State University of New York at Buffalo Law School. She is licensed to practice law in Florida and New York, and is admitted to argue in front of the United States Court of Appeals for the Second Circuit and the Supreme Court of the United States. She is a member of the American Health Lawyers Association, the Health Care Compliance Association, the Florida Bar (Health Law Section), the New York State Bar Association (Health Law Section).
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| Articles by Jacqueline Bain |
11. Legal Buzzwords: Fair Market Value and Commercial Reasonableness
November 24, 2014
Federal fraud and abuse laws often require that arrangements between health care providers are “fair market value” and “commercially reasonable.” And while these terms look like legalese and are easy to overlook, in fact, they are important. For example, the Federal Stark law requires strict complia...
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12. Fall 2014 HIPAA Audits - Is Your Practice Ready?
October 16, 2014
Section 13411 of the HITECH Act authorizes and requires the Department of Health & Human Services Office for Civil Rights (“OCR”) to provide for periodic audits to ensure that covered entities and business associates comply with the HIPAA Privacy and Security Rules. OCR conducted its first round of ...
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13. More Than a Legal Look: The Business Implications of Recruitment Agreements
September 17, 2014
Many lawyers have written extensively on the legal issues surrounding recruitment agreements, but there is an information gap out there between the discourse over the legal issues and how those issues make an impact on the actual business, the practice. When a practice decides to employ a new physic...
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14. The Next Passenger on the Health Train: Physician Assistants
August 21, 2014
The scope of Physician Assistants' practice is a dynamic and hotly debated area of law which shares many similarities with the nurse supervision issues we covered in a recent article (available here). House Bill 1275 would have also allowed for an expansion in the PA field and was included on the "H...
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15. Physicians & Nurses in for a Long Ride on the Health Train
August 15, 2014
Nearly half of U.S. States have already expanded the scope of nursing practice and several more are analyzing whether it is appropriate. The debate between physicians and nurses regarding how much autonomy a nurse should be given is a political hotbed that will likely be revisited by the legislatur...
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16. $800,000 HIPAA Settlement for Leaving Patient Records on Physician's Front Porch
July 18, 2014
The Department of Health and Human Services announced this morning that it has entered into a settlement agreement with Parkview Health System, Inc., an Indiana medical group caught up in HIPAA violation case. Parkview was assisting a retiring physician to transition her patients to new providers. ...
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17. Point of Care Test Cups Held to be a Prohibited Benefit to Physicians Who Could Not Otherwise Bill
June 06, 2014
When a physician cannot bill for test results, and a company offers to give that physician those test results for free, a Florida Federal Court has ruled that the company is offering the physician prohibited remuneration. On May 5, 2015 the Middle District of Florida granted partial summary judgmen...
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18. Physicians in the Middle of the Marijuana Battle
April 10, 2014
The Federal Government lists marijuana as a “Schedule I” controlled substance, meaning it has a high potential for abuse and no currently accepted medical use. 21 USC § 812(b)(1). Because there is no current accepted medical use, Federal law prohibits physician from issuing prescriptions for marij...
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19. Phoning It In - Florida's Brand New Telemedicine Law
March 12, 2014
Until recently, the State of Florida has successfully avoided regulating telemedicine to account for advancements in technology. In 2003, the State issued standards for telemedicine prescribing practice for medical doctors and doctors of osteopathy, but has not formally revisited its position in lig...
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20. Eye on the Regulations: The Argument Against ACO Exclusivity
February 27, 2014
In an ACO, participating physicians, hospitals and other healthcare providers use a coordinated approach to provide improved care to beneficiaries. As an incentive to participate in ACOs, Medicare shares its savings when participating providers coordinate to provide quality care while spending Medic...
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