Kentucky law does not certify specialties in legal practice, but that doesn’t mean that every lawyer can handle every case. Look for a lawyer who has cases, client lists or blogs that talk about what they like to do. See what their social media shares about their practice, and above all else, reach out and ask. Most offices keep a list of experienced counsel who work in many fields. If we can’t help you, we’re always happy to refer you to someone who can.
It is the best job in the world! I get to help providers of all kinds – nurses, doctors, clinics, hospitals and organizations – as they keep Kentucky healthy. My office helps providers get their contracts in order for space leases, provider agreements, patient documents, policies and procedures. I assist you in establishing a compliance policy. I can represent you in payor reimbursements and licensure cases, and I advise your team when the law changes and you need to adjust what you do in response. I also help families with behavioral health needs or questions as they try to access services and care for their family members. Keeping providers and patients connected is a big part of my day.
A lawyer’s job is to help you understand claims against you, or claims you can bring to protect yourself or your business. Most lawyers will talk about your needs with you, free of charge, so that they can help you decide if you need legal assistance. Come prepared with a list of questions, copies of any key documents, and an open mind.
In Kentucky many legal proceedings are managed in administrative agencies and proceedings that don’t include a courtroom. Lawsuits are handled in the courts. Kentucky has District Courts, which typically deal with minor criminal or civil offenses, simple probate actions and traffic violations. Our Circuit Courts address more serious criminal offenses and civil suits for over a certain sum of money. Federal District Courts handle cases similar to circuit court cases, but that involve parties from multiple states or federal questions of law. If you lose a case in circuit court, you can appeal to the Kentucky Court of Appeals, and maybe even to the Kentucky Supreme Court. There are also federal appeals courts that handle appeals from the Federal District Courts.
A summons is formal notification from the courts that there is a legal action against you. You can call the court that issued it and the clerk may be able to answer your questions. While people can appear pro se (without a lawyer) in Kentucky courts on most cases, it is always a good idea to ask a lawyer about what to do next.
First, make sure your patient is safe, if that is a concern. Secondly, do not alter, amend or delete records. Everyone makes mistakes, but altering records can lead to additional issues or even to criminal charges. Third, contact a lawyer or expert in the field to discuss the matter confidentially with you. If you have an internal compliance team or peer review process, make sure you contact them. Lastly, remember that most mistakes are fixable. We can get through this – reaching out is just a key initial step along the way.
There are many great governmental and organizational outlines online about the extent of 42 CFR Part 2 and how it is different from HIPAA privacy rights. Basically, HIPAA protects all PHI (patient health information), even name, contact information and demographics. This includes but is not limited to psychiatric or counseling records. 42 CFR Part 2 are additional protections that limit release of psychiatric or counseling or substance abuse treatment records in some cases. If you receive a patient records request and have a question about what you should release and how, it is a good idea to contact experienced counsel to guide you through the process.
Courtrooms may look different all across the state. Some are in strip malls, office buildings or old houses. Some are in brand new Justice Centers or historic courthouses. But all require the same level of respect and appropriate dress and behavior. Neat, clean clothes are preferred. No ogo tee shirts. No ballcaps. No knives or other weapons. No vape pens or lighters. Closed toe shoes are a good choice. But remember – the most important thing is to show up, be polite, and answer the court’s questions. Nobody is judging you on your clothes or shows.
Kentucky has laws and regulations that protect the right of providers and patients to use telehealth for care where both the provider and the patient agree that is an appropriate choice for them. Patients should sign a consent form, or provide verbal consent to care during the first treatment session. Providers should check with payor guidance and licensure groups to make sure the proposed service is available via telehealth in Kentucky. Providers should code a telehealth session according to Kentucky fee schedules or payor guidance. Telehealth is a great way to access necessary care quickly.
Contact counsel immediately, or contact the court or licensure or administrative organization right away. Many matters can be re-opened if you respond quickly enough. Even if the case or decision is final, legal counsel can help you determine whether an appeal is possible and what next steps would be best for you and your business.
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