CLINICAL LABORATORY COMPLIANCE

Resources

JD HealthCare Partners, LLC has compiled several resources to assist health care organizations with their compliance efforts.  You are free to use or modify these resources.  However, the information and resources contained on this websiteare not intended to be legal advice and should not be construed as creating any legal relationship between JD HealthCare Partners, LLC and the reader.  This information is provided as general guidance only and the application of any of these resources to the reader's specific circumstances should be discussed in advance with the reader's legal counsel or advisor.

Link to any of the resources below:


Florida Academy of Pain Medicine Presentations


HIPAA PRIVACY AND SECURITY

  • HIPAA Business Associate Checklist - Under the Omnibus Rule, Covered Entities must obtain reasonable assurances from Business Associates regarding subcontractor compliance with the HIPAA Privacy and Security Regulations.  This one-page, BAA checklist documents satisfactory assurances.

  • HIPAA Risk Area Assessment - Documenting identified risks and the mitigation of risks can be challenging.  This template provides a quick tool for users to summarize identified risks and document the steps taken to mitigate the risks.  This template uses disclosures to health plans as a sample.


STARK LAW

  • Stark Law Summary - This is a high-level summary of the Stark Law and some exceptions to be considered when evaluating whether a referral for designated health services violates the Stark Law.

  • Stark Law Flowchart - This flowchart is intended to guide readers through a quick analysis of whether a situation implicates the Stark Law.


PAIN MANAGEMENT

  • Informed Consent and Controlled Substances Agreement - This is a sample Agreement that can be modified for use by pain management practitioners.  

  • Assessment of Aberrant Drug-Related Behavior - This is a template with instructions for pain management practitioners to document the assessment of patients for aberrant drug-related behavior and, on an ongoing basis, document the monitoring of patients for aberrant drug-related behavior.

  • Medical Record Documentation Review Form - This template can be used to document the periodic review of patient medical records for the pain practitioners quality assurance programs.  Be aware that state and local laws and ordinances may require additional documentation not contained on this template.

  • Urine Drug Test Unexpected Result Protocol - This is a sample protocol that can be used to establish a process for responding when patients have an unexpected result on a urine drug screen and urine drug confirmation test.

  • Unexpected Urine Drug Test Documentation Form - This is a sample form to document the practitioner's response to a patients unexpected result from a urine drug screen or urine drug confirmation test.  

 

OB PROVIDERS

  • Reporting of Positive Drug Test Results (Methodology) This document provides an explanation of how the state-by-state table of reporting laws for pregnant patients who test positive for illicit controlled substances was developed.

  • State-By-State Table - Reporting of Positive Drug Test Results This document includes a table containing citations to state laws related to reporting of positive drug tests for pregnant patients.  For some states, a memorandum has been prepared summarizing the laws and requirements for reporting.  It is important to read the methodology document first to understand how to properly read this document.

  • Documentation Guidance for Positive Drug Test Results This memo is intended to assist OB practitioners document and follow-up with patients who test positive for illicit controlled substances.

  • Informed Consent for Urine Drug Testing of Pregnant Patients - An analysis of the state laws for informed consent related to urine drug testing has been done for the following 10 states: