A Dentist’s Guide to the Law. American Dental Association

What He or She Perceives as a Legal Violation?

       Compliance: OSHA, HIPAA, FACTA, COPPA, and the Physician Payments Sunshine Act (Open Payments)

       Chapter 14: OSHA

       80. I Am Just a Small Business. Does OSHA Really Apply to Me?

       81. I Never Hear From OSHA, But I Do Hear From a State Agency. Why Is That?

       82. Does OSHA Regulate My Relationships With My Patients?

       83. What Are My Obligations Under OSHA?

       84. What Is the “General Duty Clause?”

       85. What Is My Duty With Respect to OSHA Standards?

       86. How Do I Prepare Generally for OSHA’s Required Written Programs?

       87. Do I Have to Voluntarily Let an OSHA Compliance Officer Inspect My Office?

       88. What Should I Do If an OSHA Inspection of My Office Is Taking Place?

       89. The Compliance Officer Wants to Interview My Employee, Should I Allow It?

       90. The Compliance Officer Wants to Interview Me! Do I Agree to Be Interviewed?

       91. No OSHA Compliance Officer Is Trying to Inspect My Office, but OSHA Sent Me a Letter and Expects a Response. What Do I Do?

       92. OSHA Issued a Citation. What Do I Do?

       93. Can I Get an Extension of the Fifteen-Day Period?

       94. What Happens If I Do Nothing?

       95. What Are My Options After Receiving a Citation?

       96. Do I Need a Lawyer?

       Chapter 15: HIPAA, State Law and PCI DSS: Patient Information

       97. How Does HIPAA Affect How I Manage Patient Information?

       98. Do I Have to Comply With HIPAA?

       99. What Do I Have to Do in Order to Comply With HIPAA’s Privacy Rule?

       100. If I Give a New Patient Our Notice of Privacy Practices and the Patient Won’t Sign the HIPAA Acknowledgement, Should I Still Provide Treatment?

       101. Is Following HIPAA Enough, or Should I Follow State Law (Too)?

       102. Can the Outside Cover of the Record Contain Patient Information?

       103. Who Can Make Entries in the Record?

       104. Are There Rules About How to Write in the Record?

       105. Is It OK to Alter the Record?

       106. Who Owns the Record? What Rights Do Patients Have?

       107. What Permission, if Any, Must a Patient Give for Me to Transfer His or Her Records?

       108. How Does HIPAA Affect Dealing With Patient Surrogates or Representatives Who Request Information in, or Copies of, the Record (Such as Non-Custodial Parents)?

       109. What If the Patient’s Spouse, or an Adult Patient’s Parent, Is Responsible for Paying the Patient’s Bill? What Information Can I Disclose to the Person Responsible for Payment?

       110. Someone Has Subpoenaed a Patient’s Record. What Should I Do?

       111. Should I Release Original Records or Is It Better to Make Copies?

       112. Can I Charge Patients for Copying Their Records?

       113. How Long Must I Retain Patient Records?

       114. Are There Legal Issues in Making the Transition to a Paperless Office?

       115. What Are the Legal Concerns in Selecting an EHR Vendor? In Entering Into a Contract With Your Chosen EHR Vendor?

       116. Can I Get in Trouble if My Business Associate Violates HIPAA?

       117. A School Has Contacted Us to Ask About a Doctor’s Note That Appears to Be From Our Dental Practice. Our Dental Practice Did Not Provide That Doctor’s Note. Does HIPAA Prohibit Us From Responding to the School Without the Patient’s Authorization?

       118. If a Patient’s Employer or School Calls Our Dental Practice Directly and Asks Us for Information About the Patient, Can We Provide It, or Do We Need the Patient’s Authorization?

       119. We Will Have Some Dental Interns in Our Office. Is There a Form the Interns Will Need to Sign for HIPAA? Do We Need to Get the Patient to Sign a Consent Form to Allow the Interns to Observe or Assist the Doctor?

       120. If a Patient Brings a Friend Along to a Dental Appointment, Do I Need the Patient to Sign an Authorization Form Before Disclosing Information in Front of the Friend?

       121. What Effect Did the 2013 Omnibus Final Rule Have on HIPAA Compliance?

       122. What Happens to the Patient Records of a Deceased Practitioner?

       123. Can My Dental Practice Apply for Incentive Payments From the Federal Government if We Buy a New Electronic Dental Record System or Upgrade our Existing One?

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