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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.

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Jamaal Jones

jrj@joneshealthlaw.com

This post was authored by Jamaal R. Jones, Esquire (Partner) of Jones Health Law, P.A. where we provide "On-Call Legal Services to Healthcare Professionals". For more information contact us at (305) 877-5054; email us at JRJ@JonesHealthLaw.com, or visit our website at www.JonesHealthLaw.com

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