Author Archives: Stephanie Rodin

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About Stephanie Rodin

Stephanie Rodin is a healthcare management attorney & principal of Rodin Legal, P.C. in New York.

EMAIL: stephanie@rodinlegal.com

BIO: About Stephanie

PHONE: 917-345-8972

Can Medical Practitioners Be Held Liable To a 3rd Party?
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Authored by , re: Healthcare Management, on .
Can Medical Practitioners Be Held Liable To a 3rd Party? | Stephanie J. Rodin

Earlier this year, the New York Court of Appeals—the state’s highest court—ruled that physicians and healthcare practitioners could be found liable to third parties. In Davis v. South Nassau Communities Hospital, 2015 N.Y. Slip Op. 09229 (December 16, 2015), the court extended a physician’s duty of liability and duty of care.

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Is an E-Signature Legally Binding?
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Authored by , re: Healthcare Management, on .
Is an E-Signature Legally Binding? | Stephanie J. Rodin, Esq.

{2:55 minutes to read} With the increase in business conducted electronically, it is now possible to sign documents electronically. Electronic signatures are accepted on more and more documents, thanks to the Uniform Electronic Transaction Act of 1999. But they are not accepted everywhere, and they are not always equal to a physical, original signature.

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The Pitfalls of License Discipline for Healthcare Practitioners
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The Pitfalls of License Discipline for Healthcare Practitioners | Stephanie J. Rodin, Esq.

{4:00 minutes to read} Healthcare practitioners should be careful: What happens with your professional license in one state may affect your existing or future license in another. Many healthcare practitioners have licenses in multiple states. If your license in one state is affected by an action or investigation against you, it’s important to know that there may be reciprocity with other states. While eachstate has their own licensing rules, you may be in breach or there may be implications to other state licenses as well.

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Proceed With Caution: What Physicians Need to Know Upon Receipt of a Subpoena
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Proceed With Caution: What Physicians Need to Know Upon Receipt of a Subpoena | Stephanie Rodin

{4:00 minutes to read} Upon receiving a subpoena, an attorney can help physicians proceed properly by providing detailed clarification and explanations while concurrently minimizing precarious errors. Before responding to a subpoena, it is important that physicians are aware of how regulations govern the release of patient information, as well as what circumstances qualify the subpoena as valid and appropriate.

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Websites, Social Media and HIPAA — Do You Know the Requirements?
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Websites, Social Media and HIPAA — Do You Know the Requirements? | Stephanie J. Rodin

{4:40 minutes to read} In this article, I will discuss the requirements for websites & social media to be HIPAA-compliant. As healthcare practitioners already know, the goal of the Health Insurance Portability & Accountability Act of 1996 (HIPAA) is to protect the privacy and security of Protected Health Information (PHI). One thing many do not realize is that HIPAA has some very specific rules about how to protect PHI on the Internet.

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Webinar: Virtual Workshop for Dentists
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Webinar: Virtual Workshop for Dentists | Stephanie J. Rodin

I am excited to announce that I will be hosting a webinar with business attorney, Elena Volkova on January 13, 2016 at 10:00am EST.  The dial information is 1-425-440-5100, pin 368421# or join from your desktop by clicking this link. We will be discussing the problems and pitfalls associated with running a private dental practice. The webinar will include vital information for:

  • new practitioners, who are starting to think about the future growth of their career;
  • those who are hoping to expand their dental practice; and
  • dental practitioners who are planning to leave the field or retire.

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My Facebook Page Can Be Used As Evidence?! I Wish Someone Had Told Me!
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My Facebook Page Can Be Used As Evidence?! I Wish Someone Had Told Me! | Stephanie J. Rodin

{3:40 minutes to read} Twitter. Instagram. Facebook. LinkedIn. Public social media sites are prolific, and their use is increasing in our society. Almost everyone has some type of profile on a social media platform. Sharing information has become as commonplace as breathing; however, unlike the latter, the former has imbedded risks. It is important to not only be cognizant, but to also be cautious, of the content that you put on the internet. Under New York law, any statements or photographs that are posted on social media websites may be discoverable and can then be utilized in trials or legal matters brought against healthcare providers or patients.  

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Eager for More Time to Focus on Patient Care? Leave Compliance to Me!
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Eager for More Time to Focus on Patient Care? Leave Compliance to Me! | Stephanie J. Rodin

{3:20 minutes to read} How can healthcare practitioners focus more on helping their patients? The answer: by having an attorney address the business aspect of their practice and handle compliance issues behind the scenes. My prior experience as a malpractice defense attorney afforded me the opportunity to learn and understand how healthcare practices work. It was this position that guided me to open my own practice and concentrate on the overall legal compliance for healthcare providers.

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Steps To Take Prior To Selling Your Independent Practice
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Steps To Take Prior To Selling Your Independent Practice | Stephanie Rodin

{3:10 minutes to read} When a healthcare practitioner is thinking of their next step in life, regardless of the reason, they have to begin thinking about what to do with their practice. As a healthcare practitioner, if you have contingencies in place with an operating agreement, or if you have a partner, leaving the practice is a lot easier. However, if you are an independent owner – a true sole proprietor – there is more to plan for. You will need to start looking at your practice in terms of its value to a potential purchaser.

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Understanding HIPAA: Is Your Practice a Covered Entity?
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Understanding HIPAA: Is Your Practice a Covered Entity? | Stephanie Rodin

{2:45 to read} Many healthcare providers are subject to the Health Insurance Portability and Accountability Act (HIPAA); however, these laws do not apply to everyone. HIPAA relates to covered entities or business associates acting on behalf of a covered entity, and the law is very particular on what falls into these categories. A covered entity is any healthcare provider that transmitsany Protected Health Information (PHI) in an electronic form in connection with a transaction for which the U.S. Department of Health and Human Services has adopted a standard. A healthcare provider includes any doctors, psychologists, clinics, dentists, chiropractors, nursing homes or pharmacies. In today’s age of technology, there is an increased chance that a healthcare provider will be transmitting this type information electronically, especially to third party insurance carriers, and thus is covered under the act.

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Steps to Take to Avoid a Potential Lawsuit by a Patient
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Steps to Take to Avoid a Potential Lawsuit by a Patient | Stephanie Rodin

{3:15 minutes to read} When running a practice, the practitioner may be presented with the situation where a patient becomes so dissatisfied or so unhappy with their treatment that they ultimately threaten to file a lawsuit against them. Although there is always a risk of litigation, it is common practice for practitioners to become upset or even frustrated when faced with this possibility. The best way to handle this situation is to make sure the patient knows you have their best interest at heart.

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Small, Trusting Practices Need to Know: Paper Trails Are Everything
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Small, Trusting Practices Need to Know: Paper Trails Are Everything | Stephanie Rodin

{2:42 minutes to read} When a practice isn’t large enough to have a dedicated HR department, what happens when an employee starts to make waves in the workplace? I’ve been approached by physicians and dentists of different specialties who have had a dispute that arises with either a current or past employee. Example 1: An employee isn’t fulfilling the job responsibilities they were hired to complete and/or complaints are being made about an employee’s lack of professionalism in the workplace, and thereafter that employee decides to quit. Is the employee entitled to unemployment? Generally, no.

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Don’t Let These Legal Pitfalls Ruin Your Healthcare Career
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Don’t Let These Legal Pitfalls Ruin Your Healthcare Career | Stephanie Rodin

{2:55 minutes to read} Working closely with healthcare professionals in my practice, I’ve noticed a number of trends over the past 5 years. These trends are often related to legal issues that arise at different phases of their careers. Entering a Practice First, many new physicians and dentists, when getting out of their residency and starting their career, do not really understand the concept of restrictive covenants of the non-compete in their employment contracts.

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Protecting Your Business – the Necessity for a Non-Disclosure Agreement
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Protecting Your Business the Necessity for a Non-Disclosure Agreement | Stephanie Rodin

{3:35 minutes to read} During negotiations of a business venture or sale, certain confidential information may be passed between the parties in order to determine whether there is a mutual desire to enter into a formal contract. A Non-Disclosure Agreement will protect the confidential information the seller provides to the potential buyer, and eventually, this information may be used to create the actual contract. A standard non-disclosure agreement will contain the following:

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What Is the Best Business Structure for Your Practice?
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What Is the Best Business Structure for Your Practice | Stephanie Rodin

{Time to read 3:40 minutes} Once a person decides to establish a business, there are several different types of organizations he or she may form, each with its own tax implications. Some other factors to take into account include the legal liability associated with the business formation and the cost of getting started. When making such an important decision, some questions to consider are: As a healthcare provider, what type of entity can I form? How many members/partners will be associated with the entity? What are the potential liabilities?

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Keep Your Workers in the Know
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Keep Your Workers in the Know | Stephanie Rodin

An employee handbook, as everyone knows, is a staple of workplace rules and regulations.

  • An employee handbook lists:
  • what’s acceptable and not acceptable in the workplace;
  • policies regarding vacations;
  • policies for filing or resolving any type of complaint;
  • the hierarchy of whom you make complaints;
  • and everything about running the practice on the part of the employee, and how they are supposed to handle themselves in a situation.
Employee handbooks are guided under the National Labor Relations Act. Under the Act, the National Labor Relations Board (NLRB) reviews complaints made by employees.

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The National Practitioner Data Bank: What Does It Say about You?
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The National Practitioner Data Bank: What Does It Say about You? | Stephanie Rodin

What is the biggest threat to physicians, resident physicians and dentists? Not knowing who has access and what gets reported to the National Practitioner Data Bank. What is the National Practitioner Data Bank?  The National Practitioner Data Bank (NPD) is where information is stored regarding settlements, jury verdicts, and any information related to a physician’s or dentist’s licensure.

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You’ve Got Mail: Secure Your Patient’s PHI via Email
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You’ve Got Mail: Secure Your Patient’s PHI via Email | Stephanie Rodin

{Time to read: 3 minutes} Physicians and healthcare professionals must be careful when sending a patient’s Private Health Information (PHI) via email. When providing care to patients, oftentimes, there is a lot of information going back and forth with insurance carriers or directly with the patient. This information may include:

  • Medical records
  • Social Security numbers
  • Full names
  • Medical diagnoses
  • Health history matters

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Going on an Interview? 9 Crucial Questions to Ask Your Future Employer
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Going on an Interview? 9 Crucial Questions to Ask Your Future Employer | Stephanie Rodin

{2.5 minutes to read this article} As a new physician, it’s just as important for you to interview a prospective employer as it is for them to interview you. Doing so addresses both your desire to protect yourself in the future, as well as making sure that you’re joining a practice that works for you in the present. When negotiating your future employment, get definitive answers in the beginning rather than waiting until you get the written contract.

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Departing from a Healthcare Practice? 12 Critical Items You May Not Have Considered
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Departing from a Healthcare Practice? 12 Critical Items You May Not Have Considered | Stephanie Rodin

There are times when a healthcare professional needs to leave their practice. They may have decided to start a new practice or are simply withdrawing from the practice due to health, financial or personal reasons. Often, healthcare professionals have been in the same practice for many years and have grown to be a long-term partner in the practice. As a result, they may have completely forgotten the agreement they originally signed or how the business contracts evolved over time.

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What Happens to Your Practice…Without You?
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What Happens to Your Practice…Without You? | Stephanie Rodin

Do you own a healthcare practice? Do you have the necessary agreements in place for your exit strategy? The importance of a detailed agreement, whether it’s for a partnership or single member LLC, will ensure an easier transition for all parties involved.

In owning a practice, the particulars of that ownership must specify protection for the individual, their practice, and their family heirs. A practice can potentially go under if contingencies have not been anticipated for a change in ownership. More importantly, when the time comes for you to stop working, a structured agreement can make this life transition smooth and uncomplicated.

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A Handshake Does Not Equal a Contract
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A Handshake Does Not Equal a Contract | Stephanie Rodin

Verbal agreements – unlike signed contracts – are not legally binding. When I’m asked by a client to review a contract – whether it’s an employment contract, a partnership agreement, an operating agreement or a buy/sell agreement – it’s very important to ensure that all terms verbally agreed to are included in the contract.

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Independent Contractor vs. Employee
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Independent Contractor vs. Employee | Stephanie Rodin

Employers must correctly classify whether the person who is working for them is an employee or an independent contractor. There are several criteria that determine whether an individual is an employee or a contractor, but the most important one to the IRS is who exercises control. Although the IRS examines an array of factors, they will evaluate the following more closely:

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Don’t Let a Non-Compete Clause Restrict Your Future
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Don’t Let a Non-Compete Clause Restrict Your Future | Stephanie Rodin

When joining a practice, a physician, dentist or health care practitioner should be very cautious of the non-compete clause.

A non-compete clause will limit the geographical area in which the practitioner can practice post-employment, for a certain duration of time.

Generally, the non-compete duration is 1-2 years and the radius is dependent upon the area where the practice is located. If it’s in New York City, the radius will be more confined because there is such a high concentration of medical/dental practices. However, in more rural areas, the radius can get broader and larger.

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Protecting Healthcare’s Private Practices
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Protecting Healthcare’s Private Practices | Stephanie Rodin

I am a business attorney for the healthcare professional. I have been practicing law for approximately 14 years, and a majority of that time I have assisted the healthcare professional. Starting at a very young age, I have been exposed to the medical/dental field, as my immediate family are all practicing physicians/dentists.

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