Tag: reporting requirements

Medical Board, physicians, reporting, Uncategorized

Reporting by Physicians Enrolled in Medicare

Physicians enrolled in Medicare are required to report to Medicare the following events as soon as possible, but not later than 30 days following the event:

Change in Practice Location: A change in practice locations including, but not limited to  a new practice location, moving an existing practice location, or closing an existing practice location must be reported.

Change in Final Adverse Action: A change including, but not limited to, debarment or exclusion by a federal or state health care program, medical licensure suspension or revocation by a licensing board, conviction of a felony in the last 10 years, or revocation of Medicare privileges must be reported.

Physicians enrolled in Medicare are required to report to Medicare the following events as soon as possible, but no later than 90 days following the event:

Change in Business Structure: A change in business structure, for example, from a sole proprietor to a corporation must be reported.

Change in Legal Business Name or Employer Identification Number: A change in a company legal business name or IRS Employer Identification Number must be reported.

Change in Practice Status: A change in practice status including, but not limited to, retirement or voluntarily withdrawal from Medicare must be reported.

There are other reportable events.  Failure to timely report a reportable event may jeopardize a physician’s participation in Medicare.

If you have a question concerning your responsibilities to report a particular event to Medicare, contact Todd Collis or Beth Collis.

Collis Law Group, Medical Board, nurses, physicians, reporting, State Medical Board of Ohio, Uncategorized

New Rules for Reporting Abuse, Neglect, or Exploitation of Adults

On September 29, 2018, the Ohio Department of Job and Family Services (JFS) issued a new version of Rule 5101.63 that expands the list of individuals required to report suspected elder abuse. Now, any individuals licensed under Chapter 4731, those licensed to practice medicine and surgery, or Chapter 4723, registered nurses and licensed practical nurses, who have reasonable cause to believe that an adult is being abused, neglected or exploited shall immediately report such belief to their county JFS department, or they may face criminal charges.

The report can be oral, but the department may request a more formal, written report. Anyone who makes a report of abuse is immune from civil or criminal liability, unless they act in bad faith or with malicious purpose. ORC 5101.63(E) provides that an employer may not discharge, reduce benefits/work privileges, or take any other detrimental action against an employee for making a report of abuse.

You can download the related guides through JFS Forms Central (http://www.odjfs.state.oh.us/forms/) using these form numbers: JFS 08097 – Understanding Elder Abuse: A Guide for Medical Professionals and JFS 08098 – Understanding Elder Abuse: A Guide for Ohioans. ODJFS will develop training materials about identifying and reporting elder abuse.

The county JFS departments will be available to receive reports of abuse 24/7. If you have any questions about this new rule change, please contact Beth or Todd Collis at (614) 486-3909.

Disciplinary Action, Fail to Report, Gunshot wounds, Medical practice in Ohio, Misdemeanor conviction, State Medical Board of Ohio, Uncategorized

Ohio Physicians: Do you know the Reporting Requirements?

Did you know that in Ohio, if you give aid to a sick or injured person, the failure to report to law enforcement any gunshot or stab wound that you have treated or observed, or any serious physical harm to a person that you know or have reasonable cause to believe resulted from an offense of violence, could result in a misdemeanor criminal charge and conviction?

Ohio Revised Code 2921.22(B) provides:
“Except for conditions that are within the scope of division (E) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.”

Many are unaware of this reporting requirement.  However, ignorance of the law is no defense.

Unless you have completed a residency program in emergency medicine, trauma, or surgery, you might have never heard of this reporting law.  We are not aware that medical schools in Ohio routinely address this reporting law.

Often, patients who have been involved in or have been a victim of a crime, or an incident involving a gunshot or stab wound or serious physical harm, are unwilling or unable to truthfully explain to their medical professional how the injury occurred.  In certain instances, it may be difficult to determine if an injury is the result of a crime of violence.  Physicians should be aware that a patient who has been involved in a crime might try to tell the physician that they were “accidently” injured (for example, while hunting or by mistake).

If you have reasonable cause to believe that a gunshot or stab wound or serious physical harm resulted from an offense of violence, the failure report to law enforcement could result in criminal charges and conviction for misdemeanor, Failure to Report a Crime, and the conviction could result in a disciplinary action against your Ohio medical license (R.C. 4731.22(B)(11)).

As always, if you have any questions about this post or the State Medical Board of Ohio, please feel free to contact one of the attorneys at the Collis Law Group LLC, or contact me at beth@collislaw.com or 614-486-3909.