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Jones Health Law Podcast: What is Health Law?

Jones Health Law Podcast

“Health Law” is broad and interdisciplinary term used to describe an area of legal practice by which certain local, state and federal laws, rules, regulations and other jurisprudence regulate individuals, the health industry, and the delivery and financing of healthcare services. Many national and state boards and associations have created rules and regulations in order to protect rights of the public and those practicing or working in the healthcare industry. While these rules and regulations are not legally binding under the color of the law, many courts view these rules favorably and they hold great weight in courtroom proceedings.

Many of those practicing within the healthcare industry may not be aware of the laws that govern their practice area. The healthcare industry is highly regulated and the laws governing the industry are complex and interconnected in many instances. It usually takes the assistance of an expert in Health Law to assist you to ensure that you are acting within the confines of the applicable Health Law or any other law that may impact your relationship or transaction. It is important to be proactive rather than reactive to avoid any investigations by governmental agencies, licensing boards, or associations.

Jones Health Law Podcast: Episode 2 – Fertility Treatment w/ Dr. Jessica Bauer

In this episode we do a deep dive into the fertility treatment process with Dr. Jessica Bauer, a Florida Licensed reproductive endocrinologist a/k/a “fertility doctor”. During our discussion Dr. Bauer discussed a myriad of topics including: (1) Her training, women in medical school, the pros & cons of being a doctor, and what a typical day is like for her in the office; (2) the different types of fertility treatments that are available to women today; (3) demographics of women who suffer from fertility issues and the type of activities that could cause fertility issues; (4) mental health considerations, the stigma of the industry and risks associated with in vitro fertilization; (5) “designer babies” and having septuplets; (6) the highs and lows of her career so far and advice to women who are thinking of becoming a doctor, as well as, women who are struggling to get pregnant.

This episode is packed with useful information that you don’t want to miss especially if you or someone you know has been struggling to get pregnant or are thinking about storing your eggs for use at a later date. Don’t forget to listen and share with anyone that you think would be interested in listening as well.

Dr. Jessica Bauer can be reached at:

Instagram: @Jessicabauer_fertilitydoc

Phone: 561-549-9010

Jones Health Law Podcast: Episode 1 – Health Insurance

We have officially released our very first podcast episode! Click HERE to listen or below.

We call this series “PERSPECTIVES” because the goal is to interview individuals who work as practitioners and professionals in the health care industry and ask them to answer focused questions about the health care industry from their perspective. In future episodes we will interview, healthcare executives, healthcare providers as well as healthcare entrepreneurs.

 

 

In this episode we discuss health insurance with licensed health insurance Agent, Oxana “Oxanacare” Parfenova. She discusses the (1) challenges of being a Health Insurance Agent; (2) how and why she got into the industry; (3) distinguishes between Obamacare a/k/a Affordable Care Act and commercial plans; (4) common health insurance acronyms, phrases and words that are important for any subscriber to understand; (5) current and future industry trends; and (6) most importantly who is eligible for health coverage and how, when and where can they obtain that coverage…and at what cost?

Oxana can be reached at:

Instagram: @Oxanacare

Phone: 786-352-5879

Email: OxanaP87@gmail.com

Understanding the Intervention Project for Nurses Monitoring Contract

If you are a nurse (i.e. LPN, RN, APRN, etc) and have decided to participate in the Intervention Project for Nurses (“IPN”) you will first have to undergo an evaluation, which will include an interview with an IPN approved doctor and a toxicology test. After this evaluation has been completed, IPN may suggest no monitoring or require that you enter into a monitoring contract.

Typically, you have roughly two weeks to sign the monitoring contract. Prior to signing the contract, you should thoroughly review the IPN Participant Manual so that you understand the requirements for participation. The last thing you want is to comply with the monitoring contract only to have your contract extended or have your case referred to the Board of Nursing because you failed to adhere to the Participant Manual’s requirements.

You will also receive a contract packet, which will include: (1) Progress Evaluation for Therapy Form; (2) Work Performance Evaluation Form; (3) Notice of Address/Employer Change; (4) IPN Medication Management Evaluation Form and (5) Medication Report. Depending on your situation you many not be required to complete all of these forms.

Requirements

Contract lengths typically vary from 2 – 5 years and you are required to keep your contact information updated throughout the term of the contract. IPN will review your participation after one year of active monitoring. If you comply with the terms of the contract they will grant you early completion and suspend your contract. For example, if you are have a 2 year contract term and you pass all of your toxicology testing and other requirements under the contract IPN may suspend the second year of your contract so that you can return to practice without any further obligations under the contract.

During the contract period you will be required to undergo random toxicology testing. This is an abstinence contract which means that you are prohibited from using mood altering, controlled or addictive substances including alcohol or alcohol-based products or THC/cannabis products (i.e. CBD, Hemp, etc.). This is true even if you are not participating in the IPN program for any of these specific products.

Periodically, you will need to check in with the Affinity eHealth/Spectrum Compliance App for your toxicology testing notification Monday through Friday. Again, to ensure the accuracy of your testing, you must adhere to the recommendations in the Random Toxicology Testing section of your Participation Manual.

You are required to complete and submit a quarterly self-report online via the Spectrum Compliance App. Quarterly reports are due in January, April, July and October. The App will have a complete list of reports due each quarter some of which can be downloaded from the available reports page by clicking on the PDF link.

Employment Expectations

Prior to accepting a position (paid or volunteer) and/or beginning nursing school clinicals, you are required to inform your immediate supervisor you are an IPN participant. Your position must include direct supervision by another licensed healthcare professional who is: (1) aware of your IPN participation; (2) working on the premises or same unit with periodic observation; (3) readily available to provide assistance and intervention; (4) willing to complete required employer report each quarter.

RNs must be supervised by another RN or APRN and LPNs must be supervised by RNs. LPNs may only be supervised by LPNs in nursing home facilities. You must immediately notify and/or obtain approval from IPN prior to starting or making any changes in any health care related position (i.e. resignation/termination, new employment, supervisor change, etc.) You are also required to work in nursing a minimum of twelve (12), eight (8) hour shifts per quarter while employed, to meet completion criteria.

Unless you have special approval from IPN you may not: (1) be self-employed or work for multiple employers; (2) work for more than 40 hours per week and/or more than 84 hours bi-weekly, if not working 12-hour shifts; (3) work for an agency, home hospice, home health, or float outside the areas supervised by your manager.

Current Status

Your Contract will also state your employment status. Depending on the severity of your condition you may be approved for employment in a supervised nursing position. You are required to provide your immediate supervisor with a copy of the Monitoring Contract and provide your supervisor’s email address to IPN for completion of your quarterly reports. You also need to provide IPN with the contact information for your current place of employment as well as the name of your immediate supervisor. If you fail to relay this information to IPN you may face immediate termination from the IPN program.

Review for Early Completing

As stated above, you may have your contract reviewed for early completion. However, it is contingent upon: (1) compliance with all terms of the Monitoring Contract; (2) negative toxicology tests; (3) minimum of six (6) consecutive months of negative toxicology tests preceding the contract completion date; (4) satisfactory work performance in a clinical nursing position for a minimum of one year; (5) if applicable, recommendation for completion form your Support Group Facilitator, employment supervisor, and treatment provider; and (6) if applicable, work successfully for six (6) months in a clinical nursing capacity subsequent to controlled substance restriction being lifted. For Board of Nursing participants, a readiness-to-complete evaluation is mandatory.

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It should be noted that I am not your lawyer (unless you have presently retained my services through a retainer agreement). This post is not intended as legal advice, it is purely educational and informational, and no attorney-client relationship shall result after reading it. Please consult your own attorney for legal advice. If you do not have one and would like to retain my legal services, please contact me using the contact information listed above.

 

All information and references made to laws, rules, regulations, and advisory opinions were accurate based on the law as it existed at this time, but laws are constantly evolving. Please contact me to be sure that the law which will govern your business is current. Thank you.

Registration form for Autonomous Advanced Practice Registered Nurse is Now Available

Registration form for Autonomous Advanced Practice Registered Nurse is Now Available

Great news for Florida licensed Advanced Practice Nurse Practitioners. The registration application for Autonomous practice is now available. There is no fee associated with submitting the registration application.

Eligibility for registration as an autonomous APRN includes the following:

1. At least 3,000 clinical practice hours under the supervision of an allopathic or osteopathic physician within the past 5 year. These hours may include clinical instructional hours. [See Section 464.0123(1)(c) F.S. for complete requirements];

2. Three graduate-level semester hours, or the equivalent, in differential diagnosis and 3 graduate-level semester hours, or the equivalent, in pharmacology completed within the past 5 years (documentation required); and 

3. Not been subject to disciplinary action as specified in Section 456.072 F.S. or Section 464.018 F.S., or any similar disciplinary action in any state or jurisdiction within the past 5 years.

The Board is also working towards adopting a definition of “primary care practice”. It was the subject of a rules workshop on October 9, 2020.

 

Frequently Asked Questions are at this link – https://floridasnursing.gov/nursing-faqs/advanced-practice-registered-nurse-aprn/