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Questionnaire for Medical Practice

Questionnaire for Medical Practice

The purpose of this Questionnaire is to guide us in producing a good first draft of relevant agreements and documents, including:  Consent Form, Notice of Insurance Practices & Patient Financial Responsibility, Membership Agreement, Product Sales,  HIPAA.  We also include some notes and substantive law below to generally summarize some of the legal rules behind our questions, so you have an explanatory framework as well.  Please answer the following questions to the best of your ability.
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    NOTE: Client should let us know whether they really want us to insert risks, benefits and alternatives; normally this is a matter of clinical knowledge, so we leave it up to the clinician. To the extent client wishes us to do some research, we will do our best yet need to disclaim professional knowledge of the latest scientific and medical research and note that consent law is fraught with ambiguity around liability, the rule of law being that reasonable, feasible, and material risks should be disclosed, and the clinician can best evaluate what meets those criteria.

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    Please fill in with respect to each modality (for example: bioidentical hormones; thyroid therapy; appetite suppressants). Please be specific and inclusive. We may include some suggestive language; however, we look to our clinician client for specific language with respect to clinical benefits, risks, and alternatives of each procedure. Use the Enter (carriage return) function to create more space inside the box if necessary.
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    Please fill in with respect to each modality (for example: bioidentical hormones; thyroid therapy; appetite suppressants). Please be specific and inclusive. Use the Enter (carriage return) function to create more space inside the box if necessary. For example: “I understand my authorization is given with the knowledge that the use of one or more appetite suppressants involves some risks and hazards. The more common risks include: nervousness, sleeplessness, headaches, dry mouth, weakness, tiredness, psychological problems, medication allergies, high blood pressure, rapid heartbeat and heart irregularities. Less common, but more serious, risks are: primary pulmonary hypertension and valvular heart disease. These and other risks could, on occasion, be serious or fatal. For any surgery involving general anesthesia, it is extremely important that the anesthetist and surgeon be made aware of your use of any appetite suppressant medication, since potentially dangerous side effects may develop during surgery
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    Please fill in with respect to each modality (for example: bioidentical hormones; thyroid therapy; appetite suppressants). Please be specific and inclusive. We may include some suggestive language; however, we look to our clinician client for specific language with respect to clinical benefits, risks, and alternatives of each procedure. Use the Enter (carriage return) function to create more space inside the box if necessary.
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    We include, for purposes of language in the consent form, establishing and/or following up with patients other than through an in-person visit (for example, by phone or audio-visual means in different states, and/or diagnosing and treating new patients while they reside in states other than the one in which you are located).
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    Please note that any such language is present for deterrent value. It may or may not be enforceable or raise issues if ever litigated. Many courts disfavor “exculpatory clauses” and may weigh against the physician for including such language. As such, we have tailored the language, but we can provide no guarantee with respect to how courts or enforcement authorities will view the language. We can discuss with you.
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    Again, this may be unenforceable in some jurisdictions and/or situations, and disfavored by courts, yet potentially useful for deterrent value.
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    For example: 1 hour session is $100; a package for 3 sessions is $250.
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    For example: Scheduling of appointments involves the reservation of time specifically for you. Therefore, a minimum of 24 hours (in-advance) notice is required for rescheduling or canceling an appointment. The full fee or half fee may be charged for missed appointments without such notification.
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    Please note that there are laws relating to “PCI compliance” i.e., governing privacy and security of sensitive information such as debit card information).
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    In practice, it is usually wise to refund the patient, at least partially, in order to mitigate risk of complaints and liability.
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    (Patient would have to pay for these separately).
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    Please note that states have laws governing subscription and automatic renewal, that require clear disclosure of subscription/renewal policies and practices that do not impede Members’ efforts to cancel.
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    Note: HIPAA compliance is a large topic in and of itself; the Questionnaire is a very early start to help orient us.
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    Days and hours of leased occupancy (specify):


    Monday * (am/pm) to * (am/pm)
    Tuesday *    (am/pm) to *    (am/pm)
    Wednesday *    (am/pm) to *    (am/pm)
    Thursday *    (am/pm) to *    (am/pm)
    Friday *    (am/pm) to *    (am/pm)
    Saturday *    (am/pm) to *    (am/pm)

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    The OIG Fraud Alert adds:

    Apportionment of interior office common space - When permitted by applicable regulations, rental payments may also cover the interior office common space in physicians' offices that are shared by the physicians and any subtenants, such as waiting rooms. If suppliers use such common areas for their patients, it may be appropriate for the suppliers to pay a prorated portion of the charge for such space. The charge for the common space must be apportioned among all physicians and subtenants that use the interior office common space based on the amount of non-common space they occupy and the duration of such occupation. Payment for the use of office common space should not exceed the supplier's pro rata share of the charge for such space based upon the ratio of the space used exclusively by the supplier to the total amount of space (other than common space) occupied by all persons using such common space.


    Apportionment of building common space - Where the physician pays a separate charge for areas of a building that are shared by all tenants, such as building lobbies, it may be appropriate for the supplier to pay a prorated portion of such charge. As with interior office common space, the cost of the building common space must be apportioned among all physicians and subtenants based on the amount of non-common space they occupy and the duration of such occupation.  For instance, in the example in number one above, the supplier's share of the additional levy for building common space could not be split 50/50.

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    See diagram below, which is from the OIG Fraud Alert. 

     

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