How Attorneys Can Help Pharmacy Owners In Texas
The regulations and laws covering pharmacies in Texas are complex and extensive. They regularly change. It’s important for pharmacies and dispensaries to be in compliance with all laws designed to protect patients. Keeping current with the changing regulatory environment is easier with professional legal assistance. A pharmacy owner may need to get legal advice on a variety of legal issues.
There are a number of agreements a pharmacy will have to enter into for business. These are employee agreements, vendor agreements, pharmaceutical company agreements and more. All of them are part of managing a pharmacy. As with all things associated with operating a pharmacy, there are many different rules and regulations that must be followed concerning business agreements. Many of these agreements can be complicated and may need to be reviewed by an attorney. This will make certain a pharmacy has their interests protected. In other situations, it possible for an attorney to write such an agreement. This will put the pharmacy in a better position during the negotiation process.
The changes regarding technological advancements, medical advancements, new laws pertaining to the pharmaceutical industry is something a pharmacy needs to comply with to avoid legal problems. It’s essential to be aware of the latest issues that can impact the pharmacy’s daily operation. Since the changing laws and regulations can be complicated, a problem can occur from misunderstanding or misinterpretation of the required change. When this happens, an innocent mistake that was unintentional can result in penalties that can be substantial. An experienced attorney can help avoid such penalties and protect a pharmacy.
Investigations And Audits
At some point when it is operating, a pharmacy will experience an audit and investigation regarding how it handles patients records and more. Attorneys who specialize in this area of the law can help with third-party audit issues, referral relationships, claims reviews, medical necessity, HIPPA investigations and more. It’s important for a pharmacy to have legal counsel when meeting with government officials concerning an audit or investigation. This is an important meeting even if charges have not been filed. Having legal counsel can permit clients to be aware of their rights. It can also help an attorney prepare a resolution for any problems that are identified at the meeting.
Board Of Pharmacy Investigation
There are some very serious penalties that can be brought on a pharmacist resulting from an investigation. There are administrative penalties, probation and in a worst case scenario, a pharmacist can have their license revoked. These are the types of punishments that could make it impossible for a pharmacist to practice their profession and cause them to experience serious personal financial damage.
Texas State Board of Pharmacy
The responsibility for inspecting a pharmacy’s operation, enforcing applicable regulations as well as auditing the distribution of prescription drugs in the state of Texas is the Texas State Board of Pharmacy. Section 565.001 of the Texas Pharmacy Act give the board authority to discipline a pharmacist. An inspection could show the negligent practice of a pharmacy, unprofessional conduct, violation of statutes that cover being a pharmacist, being fraudulent or deceitful, substance abuse, being arrested, charged or convicted of a criminal act and more.
It will begin with a complaint and followed by the Board of Pharmacy concerning alleged violations. When the investigation is finished formal charges may be filed against the pharmacist. An Informal Conference can be requested by the pharmacist to resolve the issues. Should the conference, or any subsequent discussions fail to resolve the issues, an Administrative Hearing could take place to determine discipline. A pharmacist is permitted to have legal representation during this entire process.
Medicaid And Medicare
These are government programs that seem only to become more complex. It is essential for a pharmacist to know and comply with the programs latest regulations. Most pharmacies can be frustrated with the constant changing nature of this government program. Medicaid and Medicare are also the basis for a variety of abuse and fraud allegations against pharmacies in Texas. It’s important to work with knowledgeable legal counsel that has experience protecting pharmacies against false allegations.
Common Legal Issues
An experienced attorney can help a pharmacy when it comes to compliance with Stark laws, HIPPA compliance, Medicare Part D compliance, business agreements and more. Should issues arise, a pharmacist may be required to defend their license and more. Using the services of legal experts can make a difference between resolving a problem and being severely damaged by it.
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If you are the owner or chief managing officer of a Philadelphia pharmacy or dispensary, you ought to be aware of the national healthcare compliance laws. These laws are designed to protect the public from malpractice, fraud, breaches of their confidential patient information, and many other abuses. As the owner of a pharmacy or dispensary, it will be your responsibility to make sure that you fully comply with these laws. Penalties for your failure to do so will include loss of your license, heavy fines, and even possible time spent in prison. It’s an excellent idea to take these laws very seriously.
Why Should You Hire A Healthcare Compliance Lawyer For Your Practice?
If you are wondering why you should hire a healthcare compliance lawyer for your practice, consider this: Not everyone is a legal expert. The laws that govern healthcare compliance in the United States, such as the Stark law, the anti-kickback law, and the HIPAA laws, are subject to immediate revision, revocation, and complete alteration at any time. Conditions in the world of healthcare are constantly evolving, and the laws that govern healthcare compliance necessarily change with them. As a result, it is easy to get behind in your knowledge of these crucial laws, very much to your detriment.
What Are The Main Healthcare Compliance Laws You Should Be Aware Of?
There are a number of state and Federal healthcare compliance laws and regulations that you should be fully aware of and up to date on. Some of the most important laws that any practice should know about are the Stark law and other related anti-kickback laws. If you regularly refer bills to Medicare or Medicaid on behalf of a service provider that you yourself are directly affiliated with, this can count as a direct contravention of those laws. In certain cases, you can get a special exemption for the person or company you are dealing with. However, without this exemption, the activity you engage in may be illegal.
What Do You Need To Know About The HIPAA Laws?
You will also need to be fully up to speed concerning the Health Insurance Portability and Accountability Act (HIPAA). This is a series of laws that is designed to regulate the availability of patients’ personal information and keep it fully secured. This includes not only their medical records but all private and confidential information that a patient may provide to their physician or any healthcare service or facility.
The laws and regulations that make up HIPAA are subject to frequent revision and change, making this an area of your activity that should be fully supervised by a legal professional. Ignorance of the law is never an acceptable excuse, which lays a heavy burden of responsibility on you as an owner. A reputable and professional healthcare compliance lawyer can help you avoid many potentially embarrassing and financially disastrous situations.
When Is The Best Time To Hire A Healthcare Compliance Lawyer?
The time to consider hiring a healthcare compliance lawyer for your pharmacy or dispensary is as soon as possible, ideally before you even open your doors to the public. This is especially true if you plan to open a dispensary that will deal openly with such controversial medication as marijuana. The eyes of the public, as well as the law, will be more intensely fixed on you as a result of your decision to open such a dispensary. This means that the onus will be upon you to observe all of the necessary HIPAA and anti-kickback regulations as closely as possible.
A Healthcare Compliance Lawyer Can Keep You Out Of Serious Trouble
Perhaps the main benefit that hiring a healthcare compliance lawyer can bring to your pharmacy or dispensary is simple peace of mind. It’s not easy to conduct your day to day affairs in a smooth and efficient manner when you are continually beset by worries over whether or not you are fully complying with all of the relevant laws. By hiring the services of a healthcare compliance lawyer, you can lay such worries to rest while enjoying the advice and counsel of a professional legal expert. It’s an excellent idea to hire a qualified healthcare compliance lawyer as soon as possible.
If you own or manage a San Diego pharmacy or dispensary, and you are trying to navigate the waters of compliance while running a business, you are probably feeling overwhelmed. It’s easy to understand your position. It can seem like there are new rules, new regulations and new laws every day.
Trying to keep up with the complicated regulatory structures of Medicare and Medicaid can have you doing a lot more than scratching your head. On the other hand, you don’t want to make mistakes that could potentially harm patients or jeopardize their privacy rights. If you’re trying to maintain compliance, offer patients a high standard of care and run a business too, something has to give.
Why You Need A San Diego Pharmacy/Dispensary Lawyer
The rules and regulations you face daily in running your pharmacy or dispensary are only going to get more cumbersome going forward. If you’re having trouble keeping up with compliance now, you can probably imagine what’s waiting for you up ahead: more laws, more rules and more regulations. However, there is a solution. You can get help from a San Diego pharmacy/dispensary lawyer.
Legal Help With Compliance In Your San Diego Pharmacy
At Raiser & Kenniff, we specialize in healthcare law. We represent medical service providers at all levels. Part of our practice is devoted to law as it relates to pharmacies and dispensaries. Our lawyers stay on top of all the rules, regulations, laws and amendments that define protocol for pharmacies. We do this so you won’t have to. When you don’t have to worry about compliance because an experienced professional is doing it for you, you are free to focus on running your business and providing your services without having to worry about whether or not you are compliant.
Legal Assistance To Mitigate The Risk Of Non-Compliance
A non-compliant pharmacy could cost you hundreds of thousands of dollars in fines, and there’s a good chance that you could lose your license too. The best way to be compliant is to retain a San Diego pharmacy lawyer to oversee your pharmacy’s compliance status and to ensure that you always remain compliant. Whether it involves licensing regulations, fraud and abuse laws, patient confidentiality, the federal Stark Law, employee contracts or business agreements, we can help you to keep yourself and your pharmacy in the safe zone.
Experienced Legal Counsel In All Areas Of Your Business
There are other benefits of retaining a San Diego pharmacy lawyer. Managing a pharmacy has to do with more than simply dispensing medications. Whether you need information about how to best restructure your pharmacy, have questions about employee agreements or are wondering about licensing requirements, we can help.
We can advise you on matters related to patient privacy or provide counsel if you suspect that you may have inadvertently violated a particular law or regulation. We can fill you in on the finer points of the Stark Law and help you to understand the ramifications of the Health Insurance Portability and Accountability Act (HIPAA).
Protect Yourself From Disastrous Financial Losses
The legal team at Raiser & Kenniff can help you to avoid violations that could cost you more than $1,000,000 in fines and penalties. Just one mistake could turn a profitable and successful San Diego pharmacy into a bankrupt entity. A loss of this magnitude is not easy to make up.
Protect Your Pharmacy From The Devastating Effects Of Bad Publicity
Healthcare service providers are always at risk. Whether you are the target of a medical malpractice lawsuit or being accused of medical negligence, your life and your livelihood are on the line. Being charged with medical misconduct can easily destroy your reputation in the healthcare field and guarantee that you’ll never work again, even if you are not convicted. Sometimes, just being charged with a crime can do as much damage as being found guilty of the same charge.
Protect Yourself And Your Interests During Audits And Investigations
Audits and investigations are stressful. You can’t defend yourself and take care of business at the same time. Even if you did find the time to deal with auditors and investigators, you are not a lawyer. You could easily make things worse instead of better.
The solution is to let an experienced San Diego pharmacy attorney take care of these matters for you. Your lawyer, being familiar with your case and overseeing the compliance of your pharmacy, is in the right position to protect your interests during audits and to represent you during investigations.
Learn More About Staying Compliant In An Increasingly Regulated World
The experienced pharmacy and dispensary lawyers at Raiser & Kenniff are committed to your well-being and success. Whether you need help with a particular compliance issue or would like us to review your current compliance plan, we’re ready to step up. Call 888-533-5270 for a 30-minute risk-free consultation, and learn more about how your can increase compliance and decrease stress.
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