"An ounce of prevention is worth a ton of legal fee."  We hope the educational tips we provide here can assit you in the prevention of legal entanglements.  Dr. Chou has published his most recent medico-legal book "Basic Preventive Laws for Physicians".  To purchase, please contact our office $40 or go to www.BookstandPublishing.com/m/john or www.amazon.com (retail $49.95).

How do I avoid business dispute with my colleague or employer?

The best way to prevent business dispute is to define the relationship in writing.  Dispute usually arises when there is a misunderstanding between the parties.  Unfortunately, even in the country founded by law, we still see a lot of healthcare professionals enter into relationships without an agreement or a good contract.  As a result, young and inexperienced healthcare providers tend to suffer financially.

Our office has prepared a brochure on avoiding contract disputes.  The subjects include employee-employer Contract, independent Contractor, Partnership/Group Practice, and Purchasing An Existing Practice.  If you are interested, please submit $10 to purchase this educational material.

How do I avoid medical malpractice?

To err is human but failure to take appropriate steps to prevent  errors is negligence.  Based on our experience, the best defense to medical malpractice claims is to maintain good physician-patient relationship through good communication.  It is the foundation of any good relationship.  We have seen patients refusing to pursue claims against their favorite doctors and seen patients pursue claims because their physicians failed to advise them properly, e.g. informed consent.

For more tips on avoiding medical malpractice, you can purchase our Ten Essential Tips brochure for $10.

How do I deal with MediCal or MediCare audits?

You should deal with the audits carefully because they can lead to significant overpayment claims agaisnt you, suspension from participation in their programs, and even criminal charges based on fraud and abuse.  It is highly recommended that you consult a billing expert and/or an attorney before submitting to audits.  You should conduct compliance audit periodically.

For more tips on avoiding Fraud and Abuse relating to billing practices, you can purchase our brochure for $10.  It includes steps to take when you are audited and steps to take when your office is searched by law enforcement agents.

What to do when an investigator visits my office?

When an investigator shows up at your door, the matter is serious because the government suspects fraud or abuse or other criminal activities at your office.  You should contact your attorney immediately so that your attorney can be present during the investigation or discuss the matter with the investigator.  You should avoid volunteering any information since anything you say can and will be used against you in court.  If the law enforcement agents come with a search warrant, make sure you verify that the warrant has the proper address and a list of items to be seized, along with an affidavit.

For more information in dealing with investigators or law enforcement agents, you can purchase our brochure for $10.

What are Safe Harbors?

Federa laws prohibit individuals and entities from knowingly and wilfully offer, pay, solicit or receive remuneration in order to induce referral.  The inducement applies not only to patient care, but also to "any good, facility, service, or tiem" paid by a government program.  The laws are very braod; however, the Office of Inspector General has carved-out activities or conducts which do not violate the federal anti-kickback law.  These are known as the Safe Harbors.  There are several safe harbor exceptions.  One example is the ambulatory surgical centers.  You must comply with the requirements set forth in each exception to qualify.

For more information regarding Kickbacks and Illegal Referrals, please send in $10 for the brochure.

What are common grounds for disciplinary action against physicians by the Medical Board?

The common bases include gross negligence or incompetence, criminal conviction, unprofessional conduct, substance abuse, improper prescribing of medication, sexual misconduct, inadequate record keeping, aiding and abetting the unlicensed practice of medicine, physical or mental impairment, and noncompliance with a board order.  Typically, penalties vary from actual revocation of the license to a public letter of reprimand. You should deal with any  inquiry from the Board cautiously.

For more tips on preventing disciplinary action by the medical board, please submit $10 to purchase our brochure on this subject.

How can I prevent problems with hospital staff privileges?

The first thing you should do is to review the privileging and credentialing process at the hospital.  Make sure that privileges are granted based on training, experience, current clinical skills, and other reasonable factors, in compliance with written standards of JCAHO.  Make sure that the process is uniformly implemented throughout various departments and no department owns any privilege.  You should also review the medical staff bylaws and make sure that due process are in place.  Otherwise, you may recommend changes be made to the process before any problem arises.

For more tips on dealing with adverse peer review, please submit $10 to purchase our brochure on this subject.