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August Health News Update:

Health law is incredibly dynamic. To serve our clients, Pero Law spends time each day making sure the laws and regulations governing your business haven't changed overnight - so you can focus on running your business. The following includes some important developments in healthcare, a monthly wrap-up of local healthcare news and insights, and some fun stuff.

Who Owns the Patient Record?
(A deceptively simple question.)
I regularly draft provider agreements (both employment and 1099) for my clients. One sentence almost always included goes something like this: "The patient records and patient information BLONG TO THE PRACTICE." Why is this important and why should you care?

In Virginia, we have a statute which regulates who owns the patient records. It states, "Medical records; ownership; provision of copies. Medical records maintained by any health care provider as defined in § 32.1-127.1:03 shall be the property of such health care provider or, in the case of a health care provider employed by another health care provider, the property of the employer." (Va. Code Ann. § 54.1-2403.3.)

This is very helpful and seems simple, right? The practice owns the patient records. But what if you have an independent contractor? What if your employee isn't aware of this statute and believes the patient data is hers to keep?

It's important to protect your practice by taking the easy steps to include language which clearly sets forth that the practice owns the patient records and patient information - regardless of whether your provider is an employee or an independent contractor. Doing so could help alleviate major headaches later. If you're interested in making sure your employment agreements include these terms, please give me a call.

A Day in the Life @ Pero Law
#themountainsarecalling

A few years ago, Elle and I started taking a "girls trip" at the end of each summer - just the two of us. The last couple of years we headed to Cape Charles (VA), but this year she wanted a little more adventure. As I write this we're in Charlottesville, Virginia at the Boar's Head Resort. It's so nice to have a few days of very little technology, some shopping, great food, and girl time. Lately it seems like she's growing up at lightning speed - she starts 7th grade next week!! As we browsed through several shops this afternoon, I noticed she isn't into sparkles and unicorns anymore. Now our conversations are more about eyeliner and algebra. My little girl isn't so little!! I've also noticed it's the same with many of my clients - as we worked together over several years, the conversations have matured and the questions turned to growth and expansion. (The same goes for Pero Law, too!!) So, as I sit here starting out at the Blue Ridge Mountains, I recognize the irony that we're all striving for greater heights. If you have any plans for growth - give me a call. I love talking strategy and empire-building. Cheers to onward and upward!!
Why is this email in grayscale? Because Pero Law isn't like other law firms: we don't think in black and white... we love the gray areas of healthcare! If your attorney says, "I'm not sure if you can do that", perhaps it's time to call someone who focuses on making sure you operate legally within the gray.
Check us out at perolaw.com or call 7576514107.
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