Must Have Items for Every Chiropractic Practice

In the last few months, we have received substantially similar questions regarding “MUST HAVE” practice items in order to avoid the violation of state or federal law.

In addition, we have addressed many of the same questions regarding employee non-disclosure agreements, protection of patient lists, and how to protect the actual name of a practice.

As a result, below is a checklist of items that EVERY PRACTICE MUST be aware of, have, and implement in order to limit its liability exposure.

Items to Review and Prepare
1. Your employee manual
2. Your new employee package (see below list)
3. A general review of your OSHA standards [new manual with 2015 updates]
4. Non-disclosure and non-solicitation signed by every employee [and a non-compete signed by key employees]
5. Website disclaimers/privacy terms
6. Intellectual Property (IP) protection (protect your name, logos, slogans) [trademark/service marks filed with the U.S. Patent and Trademark Office]
7. Assignment of website design as to IP [from your web designer to you].

NEW EMPLOYEE CHECKLIST

❒ Application for Employment

❒ Substance Abuse Policy and Procedure Manual

❒ Notification and Authorization Form for Employment
Investigative/Consumer/Credit Report

❒ Criminal History Record Information Consent Form

❒ Background Check Authorization and Release Form

❒ Employee Direct Deposit Authorization Form

❒ Employment Reference Check

❒ Employment Eligibility Verification Form I-9

❒ IRS Employee’s Withholding Allowance Certificate Form W-4

❒ Withholding Allowance Form

❒ IRS Wage and Tax Statement Form W-2
If you have any questions regarding the items listed above, or the actual preparation of the items listed above, please feel free to call us.

 

 

 

Stuart J. Oberman, Esq. handles a wide range of legal issues for the chiropractic profession, including: employment law, cyber security breaches, practice sales, real estate transactions, lease agreements, OSHA compliance, chiropractic board complaints, and professional corporations.

For questions or comments regarding this article please call (770) 554-1400 or visit www.obermanlaw.com
If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com).

STAYING CLEAR OF WHISTLEBLOWER PROTECTION PROBLEMS IN YOUR BUSINESS

OSHA is becoming very active in the day to day operations of a business, especially in the enforcement of employees’ rights. An area that is surfacing in the business is OSHA’s enforcement of the whistleblower statute. It may not be well-known, but OSHA oversees whistleblower protection investigations not only for its own jurisdiction, but for 12 other regulatory areas.

If an employee in a practice reports a violation of Federal law (OSHA, Labor, etc.), the employee report and the violation of federal law (e.g., an OSHA complaint) is protected from retaliation by the business owner. An innocent personnel action taken by a business owner may be seen as a whistleblower retaliation by OSHA.

The following actions by a practice owner may be considered retaliatory action, and be a violation of Federal law:

❒ Firing or laying off an employee

❒ Assigning employee to undesirable shifts

❒ Blacklisting the employeedocumentation

❒ Demoting the employee

❒ Denying the overtime or promotion to the employee

❒ Disciplining the employee

❒ Denial of benefits to the employee

❒ Intimidation by the practice owner

❒ Reassigning work to the employee

❒ Reducing pay or hours of the employee

It is strongly recommended that before any personnel matters are handled by a business owner or office manager, it is always prudent to seek professional guidance in order to avoid violation of state or federal law.

 
Stuart J. Oberman, Esq. handles a wide range of legal issues for businesses including transitions and sales, real estate transactions, lease agreements, employment law and entity formation.

For questions or comments regarding this article please call (770) 554-1400 or visit www.obermanlaw.com

If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com).

Tips for Cyber Security in Your Chiropractic Practice

With the risk of a cyber-security breach increasing on a daily basis, below are some tips that will help a practice owner maintain the security that they need in order to protect patient information.

Establish a Security Culture

❒ Build a security-minded organizational culture so that good habits and practices become automatic.

❒ Conduct information security education and training frequently.

❒ A practice owner should be the security leader in the practice and set a good example in attitude and action.

❒ Instill taking responsibility for information security as one of your practice’s core values.

Protect Mobile Devices

❒ Ensure your mobile devices are equipped with strong authentication and access controls.

❒ Ensure laptops have password protection

❒ Enable password protection on handheld devices (if available). Take extra physical control precautions over the device if password protection is not provided.

❒ Protect wireless transmissions from intrusion.

❒ Do not transmit unencrypted Protected Health Information (PHI) across public networks (e.g., Internet, Wi-Fi).

❒ Where it is absolutely necessary to commit PHI to a mobile device or remove a device from a secure area, encrypt the data.

❒ Do not use mobile devices that cannot support encryption.

❒ Develop and enforce policies specifying the circumstances under which devices may be removed from the facility.

❒ Take extra care to prevent unauthorized view of the PHI displayed on a mobile device.\

 
Hopefully, this information will provide some simple security tips in order to prevent a violation and/or security breach which can devastate a practice.

 

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Stuart J. Oberman, Esq. handles a wide range of legal issues for the chiropractic profession, including: employment law, cyber security breaches, practice sales, real estate transactions, lease agreements, OSHA compliance, chiropractic board complaints, and professional corporations.

For questions or comments regarding this article  please call (770) 554-1400 or visit www.obermanlaw.com
If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com).

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