Recent Blog Posts

HIPAA – Do you have $475,000 to spare? Timely Breach Notification

Written By: Janie Ratliff-Sweeney If you (or your organization) provide health care, it is likely that you are considered a “Covered Entity” and must comply with the federal privacy rule more commonly known as “HIPAA”. One component of HIPAA requires covered entities to notify patients in a timely manner if the covered entity experiences a… Read More »

I Don’t Care Who Won the Election, the Lease Says “No Pets”!

Written By: Scott R. Thomas As you may have heard, there was some kind of election on November 8th.  Some students at America’s premier colleges were so dismayed by what happened at the Electoral College that they plunged into a deep despair.  Snapping into action, the universities created “safe havens” where these leaders-of-tomorrow could gather… Read More »

Doctors Treating Patients with Suboxone — New Reporting Requirement

Written By: Janie Ratliff-Sweeney Those practitioners who are approved to treat up to 275 patients addicted to opioids with suboxone must take heed of the new reporting rule that goes into effect October 27, 2016.  The new reporting rule requires doctors who are authorized to treat the higher patient limit of over 100 (but not… Read More »

Institutional Racism: How white is your Zoning Board?

Written By: Scott R. Thomas When I was a little kid on vacation in Virginia Beach in 1961.  I saw a public fountain marked “Colored Water.”  I ran up to use it, expecting a rainbow to flow out of the faucet.  But it was just regular water, cool and clear.  I thought it was false… Read More »

How to Defeat the Dreaded “Pay-if-Paid” Clause

  Written By: Kyle M. Winslow In the context of a subcontractor contract for a construction project, pay-if-paid clauses allow a general contractor to not pay a subcontractor if the owner did not pay the general contractor. While the pay-if-paid clause has not been adopted by the AIA, the typical clause will look something like… Read More »

As of This Moment, They’re on Double Secret Probation

Written By: Scott R. Thomas Dean Wormer thought probation made sense for the Delta Tau Chi fraternity.  Many companies think a probationary period also makes sense in the employment context.  Employers who share that philosophy will create a probationary period—30 days, 6 months or a year, depending on the kind of business, the employer’s needs,… Read More »

What’s so Progressive about Discipline?

Written By: Scott R. Thomas Progressive discipline is the concept that an employer should impose increasingly severe consequences in response to repeated employee infractions, despite counseling and time to correct the misbehavior.  Judges and the Equal Employment Opportunity Commission (“EEOC”) love progressive discipline.  For them, it indicates efforts by the company to fit the punishment… Read More »

Wait! Wait! I Signed for the company. You Can’t Sue Me! . . . Can You?

Written By: Scott R. Thomas A shareholder or an officer of a corporation who signs a contract on behalf of the corporation generally is not personally liable under the agreement.  That’s why corporations were created in the first place.  After all, a corporation can function only through its officers and agents acting in a representative… Read More »

You Open Your Mailbox and See an Email From Figliozzi. Audit! Now What?

Written By: Scott R. Thomas Figliozzi and Company is the designated contractor performing audits on behalf of the Centers for Medicare & Medicaid Services.  If you sought or obtained an incentive payment for either the Medicare or Medicaid EHR Incentive Program, you are subject to being audited.  A November 2012 report from the Office of… Read More »

I Apologized and Now I’m Getting Sued?

Written By: Scott R. Thomas You met with the patient.  You explained all the risks of the procedure.  The risks were later spelled out in the consent form and you went over it all again with the patient.  The patient accepted the risks and wanted you to perform the procedure.  You performed the procedure but… Read More »

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