Practice Areas
 
Emergency Medical Services (EMS) Law

Emergency Medical Services (EMS) Law is an area of healthcare law which focuses on issues specific to the EMS, ambulance, and medical transportation industries. In addition to the many federal laws and regulations impacting EMS services and systems, each state has also enacted its own laws and regulations by which to establish and govern their EMS systems. All of these various laws and regulations translate into areas of potential liability which have an impact on all aspects of EMS operations and EMS providers. Whether the issue surrounds the delivery of patient care, Good Samaritan law protections, workplace employment and wage & hour standards, volunteer incentive programs, HIPAA mandates, municipal and government contracting, the development of legally defensible and robust compliance programs, or any other of  a host of legal issues, the legal topics which impact EMS can be intricate and require special attention from legal counsel who are familiar with the administration and operation of EMS services and systems.

Typical services in this area include:

  • Achieving statutory and regulatory compliance with federal and state laws and regulations, including the Health Insurance Privacy and Accountability Act (HIPAA), the Emergency Medical Treatment and Active Labor Act (EMTALA), the Foreign Corrupt Practices Act (FCPA), the Fair Labor Standards Act (FLSA), Medicare and Medicaid, the Anti-Kickback Statute, and state and local licensure and certification requirements
  • Governance and organizational restructuring, including board re-organization, creation and revision of corporate charters, constitutions, articles of incorporation, bylaws, and policies and procedures
  • Development, design and implementation of legal and regulatory compliance and ethics programs, use of compliance technology, and Records and Information Management (RIM) compliance
  • Counseling healthcare organizations on operational and transactional issues, including: nonprofit corporate governance, records and information management, patient privacy, contracting, Certificate of Need, employment law, legal aspects related to the delivery of patient care, information systems, billing, financing, and licensure and certification for healthcare providers and entities
  • Response to government inquiries, audits and investigations
  • Assistance with conducting internal client investigations
  • Development, design and implementation of operational restructuring, including transitions from volunteer personnel to paid staffing models, and hiring of paid staff and executive-level personnel   
  • Representation of clients in third-party transactions, including municipal funding contracts, employment agreements, and space and equipment leases
  • Representation of clients in administrative investigations, hearings and proceedings, including professional disciplinary matters, Certificate of Need applications, and Freedom of Information proceedings
  • Training program development and presentations on healthcare legal topics, corporate organization, Records and Information Management (RIM), and employment law topics for health care providers in various healthcare education, training, and recertification programs
 
Mobile Integrated Healthcare Practice - Community Paramedicine (MIHP-CP) Law

Sometimes also known as "Community Paramedicine" (CP), Mobile Integrated Healthcare Practice – Community Paramedicine (MIHP-CP) programs are interdisciplinary healthcare practices combined with a novel healthcare delivery strategy, intended to serve a range of patients in the out of hospital setting using patient-centered, mobile (i.e., EMS) resources already existing in the community. The goal of MIHP-CP programs is to provide resource-matched, time appropriate coordinated care to patients at optimal cost. The benefits of MIHP-CP programs include: coordination across healthcare systems and providers; validated data collection; and provision of care to unserved / underserved segments of the population – all while promoting the objectives of the IHI Triple Aim.

By leveraging Emergency Medical Services (EMS) systems infrastructure and resources already existing in the community, and effectively coordinating care across healthcare provider disciplines based on patient needs, MIHP-CP programs provide a strategy for correcting some of the shortcomings of the U.S. health care system – including, most importantly, reducing preventable readmissions - and most communities would be hard pressed to recreate such a system without investing exorbitant sums of money. The legal topics which impact MIHP-CP can be intricate and require special attention from legal counsel who are familiar with the administration and operation of MIHP-CP programs and services.

Typical services in this area include:

  • Mobile Integrated Healthcare Practice - Community Paramedicine (MIHP-CP) program development
  • Achieving statutory and regulatory compliance with federal and state laws and regulations related to MIHP-CP programs
  • Program policy and procedure development    
  • Interpretation of relevant healthcare laws and regulations, including Scope of Practice, EMTALA, etc.
  • Development of contracts and forms for use with hospitals, healthcare systems, and other community stakeholder partners
  • Representation of clients in third-party transactions, including contract negotiations with community stakeholders, municipal funding contracts, employment agreements, and space and equipment leases
  • Development of program enrollment, consent, and release forms
  • Development, design and implementation of legal and regulatory compliance and ethics programs related to MIHP-CP, including but not limited to, HIPAA compliance, data storage and use, use of compliance technology, and Information Governance  (IG) / Records and Information Management (RIM) compliance
  • Counseling on operational and transactional issues related to MIHP-CP programs
  • Development of media release forms
  • Relevant EMS Law services
  • Relevant Information Governance (IG) / Records and Information Management (RIM) services
  • Assistance with conducting internal client investigations        
 
Records and Information Management (RIM) / Information Governance (IG) Compliance


“Discovery” is the process that allows parties involved in a lawsuit or investigation to request documents, interviews, evidence, and other factual items from the other side to help them build (or defend) a case. Today, however, actively managing, locating and producing Electronically Stored Information (ESI) is also a critical part of the equation.
Records and Information Management (RIM) focuses on properly establishing legally compliant and defensible information governance and discovery preparedness, with an emphasis on consistently following RIM policy so that clients are not only in compliance, but also in a highly defensible position in the event litigation arises.


Typical services in this area include:

  • Identification of risk areas arising from current electronic data and other RIM practices
  • Legal opinions regarding going paperless, records or information destruction, backup policies and triggering events for legal holds
  • Creating or improving policies for records retention either in the cloud or on private servers such as e-mail, instant messaging and other electronic communications
  • Identification of risk areas related to implementation of new electronic technologies and electronic data migration    
  • Providing recordkeeping regulatory requirements and retention recommendations
  • Ascertaining recordkeeping compliance with major legislation such as Dodd-Frank and Sarbanes-Oxley
  • GARP®(Generally Accepted Recordkeeping Principles) compliance assessments and audits of systems for transparency, accountability, integrity, protection, compliance, availability, retention, and disposition
  • Delivery and advice on privacy protection retention requirements
  • Developing records retention schedules (either process-based or big bucket)
  • Maintaining legal and regulatory records retention requirements
  • Presentations and advocacy of RIM programs to senior management and boards of directors
  • Needs assessments and RFPs for technology needed to develop comprehensive RIM and e-discovery preparedness programs
  • Creating or simplifying the records retention schedule and electronic file plan to work seamlessly with electronic records
  • Strategizing for legal holds and electronic document preservation in the event of litigation
  • Training program development, design, implementation and delivery for effective RIM compliance
  • Developing and implementing processes for data preservation orders, litigation holds or legal holds

 

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