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Ashley Lockett is our 2024 Spring Intern

Ashley Lockett will be joining Jones Health Law as our 2024 Spring Intern. Currently, she is a 2L at Florida International University.

Internships at Jones Health Law are designed to give our interns the tools that they will need to successfully practice law once they graduate from law school.

Here are a few things that you should know about Ashley:

Why did you decide to go to Law School?

My interest in law school began while I was earning my bachelor’s degree in psychology and taking a class that discussed the intersecting concepts between psychology and the law. I decided to attend law school for two reasons. One is that the law plays an important role in almost every aspect of our lives and being able to understand the law is invaluable. The second reason is that I want to use my law degree to serve marginalized and underrepresented communities, no matter which field of law I pursue.


What interests you about Health Law?

With the health field constantly expanding and changing as new technology is presented and research reveals new information, I believe it presents attorneys with an interesting challenge. It is not only exciting to work in health law, but it is also fulfilling to be able to work alongside the healthcare industry in a different capacity.


What are you hoping to gain from this internship?

I hope to improve my research and writing skills so that I am creating quality work but with efficiency. Considering health law is a broad field, I also hope to learn more about the different areas of it and perhaps find my niche.

 

Tell me something interesting about yourself.

Some of my current hobbies include reading, cooking, and volleyball. In the future, I would love to have my own greenhouse and be a beekeeper on the side.

Welcome to the Jones Health Law Team, Ashley. We are happy to have  you with us!

How Does The Corporate Transparency Act Impact My Business?

The United States Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) is required through the Corporate Transparency Act to prevent and protect the community from fraud and illicit activities involving U.S. companies. In 2021, the Corporate Transparency Act was enacted and took effect on January 1, 2024.

Background

The National Defense Authorization Act (NDAA) is a series of federal laws specifying the annual budget and expenditures of the United States Department of Defense.  In 2021, the NDAA incorporated substantial modifications to its Anti-Money Laundering management.  These modifications began with the enactment of the Anti-Money Laundering Act (AMLA). The purpose of AMLA is to promote regulatory reform and engagement and to update federal laws to prevent money laundering. Through the Corporate Transparency Act, the AMLA requires FinCEN to identify risks of fraud by those posing as business owners in shell companies and to collect information to provide feedback to Congress in an attempt to reduce the amount of illicit activities, including money laundering and financial terrorism in the United States. The Corporate Transparency Act was enacted to comply with required reporting instructions to Congress. Congress argues that the lack of state laws requiring beneficial owners to be identified has allowed for the exploitation of business entities to be used for conducting criminal activities. FinCEN is required to maintain a national registry of beneficial owners of business entities deemed to be reporting companies. A Beneficial Ownership Information (BOI) Report is required to be filed by all Beneficial Owners.

Who Is Required To Report?

Beneficial Owners of any U.S. reporting company are required to file a report. Beneficial Owner is defined by the Corporate Transparency Act as any individual who, “directly or indirectly, (1) exercises substantial control over the entity or (2) owns or controls not less than 25 percent equity in the entity.”

There are listed individuals who are expressly excluded from this definition. These individuals include minors; any individual whose only interest in the reporting company is through inheritance; a person whose control derives strictly from employment in the company; an individual acting as an intermediary for the company, etc.

There are 23 entity types that are exempt from the reporting requirements set out by FinCEN. A complete list and compliance guide are available on the FinCEN Q&A website (https://www.fincen.gov/boi-faqs#B_2).

Third party entities or individuals, such as those listed as registered agents (i.e. accountants, attorneys, and any other intermediary companies) are not required to report as beneficial owners unless they exercise substantial control over a company or hold ownership interest in the company. Substantial control is defined in detail by FinCEN’s Small Entity Compliance Guide but generally applies to individuals of a company that hold decision making authority (such as CEO, CFO, general counsel) and individuals who hold authority to appoint or remove officers.

There are two types of reporting companies. A domestic reporting company is defined as a corporation, an LLC, and other entity created by the filing of a document to a state’s Secretary of State or any similar office in the United States. A foreign reporting company is defined as an entity formed under the law of another country that is registered to do business in the United States. Further clarifications to these definitions are sure to come.  

What Is Included In The Report To FinCEN?

 A qualified reporting company must provide each beneficial owner’s name, date of birth, residential or business address, and a unique identifying number from an acceptable identification document (such as a state driver’s license or passport).

When Must The Report Be Filed?

FinCEN has begun accepting reports since January 1, 2024. Companies established before January 1, 2024 have until January 1, 2025 to file. Companies formed after January 1, 2024 have ninety (90) days after the company becomes effective to submit a report. There is no fee required to file this report.

Beneficial Ownership Information Reports can be filed using the BOI E-Filing System at: https://boiefiling.fincen.gov/

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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.

The Legal Significance of IV Hydration Documents

The healthcare industry is heavily regulated and IV Hydration Clinics have their own set of regulatory compliance requirements that they must strictly adhere to or else they risk disciplinary action (i.e. fines and penalties) taken against them by various federal and state agencies. These regulations aim at protecting patient privacy, worker safety, preventing fraud, waste, and abuse while improving operational efficiency. Ultimately regulatory compliance enhances patient outcomes by promoting adherence to best practices across the sector.

 

Proprietors of IV Hydration Clinics must utilize legally compliant Agreements and documents in addition to obtaining the necessary permits and licenses for operating their business. It is important to understand the legal significance of the IV Hydration documents that you will utilize in your clinic as we will discuss below.

 

IV Therapy Informed Consent

IV Hydration Clinics must receive informed consent from clients. Consent can be oral or written but it must be complete to comply with Florida law. This document is intended to serve as confirmation of the client’s agreement to receive IV Hydration treatment by a duly licensed Florida healthcare practitioner. In Florida, the informed consent law requires that the client be advised of three things: 1) the nature of the treatment; 2) the substantial risks and hazards of the treatment; and 3) the reasonable alternatives to the treatment (including, when appropriate, the option of not receiving the treatment). After learning these things, if a client consents to the IV Hydration treatment, then informed consent has taken place. Failure to obtain informed consent in accordance with Florida Statute 766.103, can result in discipline against your license and a medical malpractice action filed against your IV Hydration Clinic. If you are engaging Independent Contractors to provide IV Hydration services on behalf of your clinic you must ensure that they obtain the appropriate consent prior to providing the treatment.

 

Intake Form with Medical History Questionnaire

This form is critical because it provides insight into the client’s past medical history and present medical condition(s). The form collects basic information such as the client’s name, date of birth, sex, contact information, and emergency contact. It also collects information about medical history, current health status, and any medications that the client is currently taking. Certain conditions may render a client ineligible to receive IV Hydration treatments due to pre-existing conditions, medications that they are taking, and other factors. Failure to do a proper assessment may result in patient harm that could have otherwise been avoided if the Intake Form had been completed by the patient. It is the client’s responsibility to accurately complete the Intake Form. If the patient harm can be linked to the IV Hydration treatment that the client received then a potential lawsuit for damages may be filed by the client, assuming that the client properly disclosed relevant medical history information. Liability may attach to the clinic if the IV Hydration Clinic knew or had reason to discover that the patient had certain medical conditions that rendered the client ineligible for the treatment. To reduce exposure to potential lawsuits relating to patient harm, an intake form should be completed by all clients before providing treatment.

 

Medical Director Agreement

A Medical Director Agreement is a legally binding agreement outlining the terms, duties, and responsibilities of the Medical Director role within the IV Hydration Clinic. IV Hydration Clinic’s may not operate or be maintained without the day-to-day supervision of a single medical or clinic director. Failure by a clinic to employ a qualified medical director may result in disciplinary action against the IV Hydration Clinic. Medical Directors that are supervising the services provided at an IV Hydration Clinic must notify the Florida Department of Health. Medical Directors of IV Hydration Clinics should endeavor to comply with the requirements set forth in Florida Statutes 400.9935 and 59A-33.008, F.A.C. The Agreement will also determine whether the IV Hydration Clinic or Medial Director will provide professional liability insurance for the services provided as well as the coverage limits, in accordance with Florida law. The Agreement should also address indemnification requirements for any liability arising out of, incident to, or attributable to the performance or nonperformance of any duty or responsibility under this Agreement by the Medical Director.

 

HIPAA Notice of Privacy Practice

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is a federal law that required the creation of national standards to protect sensitive protected health information (“PHI”) from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (“HHS”) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule requires IV Hydration Clinics to implement appropriate technical, physical, and administrative safeguard to protect PHI. This Notice of Privacy Practices informs the IV Hydration client of: (1) how their PHI may be used and disclosed; (2) the IV Hydration Clinic duties to protect the privacy and confidentiality of the client’s PHI; (3) explain the client’s privacy rights, including their right to complain to HHS and to the IV Hydration Clinic if the client believes that their privacy rights have been violated; and (4) how to contact the IV Hydration Clinic for additional information and how to file a complaint. The Law requires healthcare providers to obtain a signed writing that confirms that you have received the Notice of Privacy Practices. The Notice is typically provided at the client’s first appointment and is also posted to the IV Hydration Clinic’s website with reminders issued to clients every three years. It should be noted that in addition to HIPAA, IV Hydration Clincs must comply with the Florida Information Protection Act of 2014.

 

IV Therapy Independent Contractor Agreement

An Independent Contractor Agreement (1099) is a contract that lists the terms and conditions of the contractor’s work for the IV Hydration Clinic. The Agreement is meant to protect all parties involved and clarifies the relationship between the IV Hydration Clinic and contractor. Specifically, it outlines the contractor’s classification, compensation, compliance requirements, qualifications of contractor, restrictive covenants, tax obligations, insurance and indemnification requirements, liability, and other miscellaneous terms. It is important that the Agreement is compliant with the IRS’s definition of an independent contractor, which is determined in part by the contractor’s ability to make its own independent decisions regarding the scope of the services and when and how they will be performed. The more control the IV Hydration Clinic has over the contractor and its decision making the less it appears to be an independent contractor relationship.

 

Patient Media Release

A patient media release form is a legally binding document that is signed by an IV Hydration client and authorizes the IV Hydration Clinic to utilize that client’s image, likeness, and voice in its marketing materials, which may include videos, pictures, prints, and recordings. Many IV Hydration Clinics utilize social media and other forms of advertising to promote their goods and services. Oftentimes, IV Hydration Clinics post videos or pictures of their clients receiving IV Hydration treatments to their social media accounts. Due to the sensitive nature of the content that is being posted to social media it is important to receive permission from your clients prior to doing so. The patient media release form ensures that the client understands how their media will be used and authorizes the clinic to utilize the media without fear of liability for privacy or copyright infringement.

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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.

Can a Licensed Practical Nurse (LPN) administer I.V. Hydration Treatments in Florida?

As the booming world of I.V. Hydration continues to flourish, it has proven to become a reliable source of revenue for many in the healthcare industry. While these therapies were offered well before 2019, the pandemic has skyrocketed their popularity. Many celebrities have since been known to promote the efficacy and benefits to receiving vitamins intravenously.  I.V. Hydration treatments allow vitamins to be delivered directly into the veins. This can deliver almost immediate results and is a quick outpatient procedure. Because of these benefits and the increasing convenience, the world of intravenous drip therapies has grown in popularity. The world is now debatably much more health conscious and pro-active when it comes to individualized care.

Who Can Administer Intravenous Therapies?

There are various I.V. Hydration clinics opening statewide run by medical professional and non-medical professionals alike. There is guidance on who can run these clinics, and who can and cannot administer these such treatments or if specific medical professionals in the nursing field can administer these treatments under limited supervisions. As for licensed practical nurses, Florida law distinguishes their scope of practice when it comes to intravenous procedures. According to Chapter 464, Section 003, subsection (14) a licensed practical nurse is defined as any person licensed in this state or holding an active multistate license under s. 464.0095 to practice practical nursing. Florida Administrative Code 64B9-12.004 states that with the exception of aspects deemed outside of the scope of practice, a licensed practical nurse who meets competency requirements is authorized to administer intravenous therapy under the direction of a registered nurse or other healthcare provider.

What is Considered “Outside of the Scope of Practice”?

Florida’s Administrative Code Rule 64B9-12.003 says that an IV certified LPN should not perform the initiation of administration of cancer chemotherapy, plasma expanders, administration of investigational drugs, or blood and blood products. Although LPN’s are not to perform these duties without direct supervision of a registered nurse or a health care practitioner, they can however, care for patients who have received these procedures under proper care.

What are the ‘Competency Requirements’ to be Met?

In order to meet the Knowledge and Competency requirements outlined by the Florida Administrative code governing IV Hydration, an LPN must take a course with no less than thirty (30) hours of post-graduation level IV Hydration training. The didactic course must contain specific materials listed in rule 64B9-12.005 such as aspects of policies and procedures, psychological preparation and support for patients, and many more. After the course, interested LPN’s must partake in supervised clinical practice to demonstrate capability and proficiency. For a licensed practical nurse to be able to perform intravenous therapy under the direction of a registered nurse or health care practitioner via central and PICC lines, four (4) hours of appropriate education on Central Venous Lines (CVL) and Peripherally Inserted Central Catheter Lines (PICC) should be included within the required thirty (30) post graduate hours.  It is important to note that this I.V. Hydration education must be sponsored by a provider of continuing education courses approved by the Florida Board of Nursing.

For more information on the rules and regulations for Licensed Practical Nurses and IV Hydration, see the full chapter from the Florida Department of State here:

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=64B9-12

If you are interested in learning more about starting your own I.V. Hydration business, schedule a consultation with Jamaal R. Jones via our Calendly app: https://calendly.com/joneshealthlaw/iv-hydration-consultation or sign up for one of our comprehensive Webinars. For more information or direct assistance call our offices at (305) 877 – 5054.

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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.

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Jamaal Jones is a Speaker the ABA Post-Acute Care 101 Webinar for the American Bar Association’s Post-Acute Care Continuum Task Force

Jamaal Jones is a key speaker for the Post-Acute Care 101 Webinar for the American Bar Association’s Post-Acute Care Continuum Task Force moderated by Matthew Espino. Jamaal Jones is joined with David Lubowitz as they discuss what post-acute care is, the legal and business issues involved in post-acute care and healthcare law, and their expectations for future growth and opportunities in the Health Law Section.

Join Us for a LIVE Masterclass


IV Hydration Masterclass: Legal Requirements of Starting an IV Hydration Business

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