Recent News
Videotaping a No-Fault IME in NYS
Q: Is a patient is entitled to video an independent medical exam (IME) under New York State No-Fault law? A: Videotaping an IME for a workers' compensation case is permissible under New York State Workers' Compensation Law. To videotape an IME for a No-Fault case,...
Hair Analysis and the Practice of Chiropractic in New York
Q: I am interested in using hair analysis to detect chronic health metal contamination in my patients. Is hair analysis a test I am allowed to utilize as a chiropractor licensed in New York state? And what things am I allowed to do? A: In my estimation, the answer to...
NYS Requirements for Chiropractors and After Hours Contact Methods
Q: Must NYS Chiropractors have a method of contact on their person at all times per State requirements? Or is having an answering machine/ answering service available after hours an acceptable alternative? A member telephoned the NYSCA questioning what method or...
Network Requirements for Chiropractors and After Hours Contact Methods
Q: May a health plan require that a Chiropractor be able to be reached 24/7 to remain part of the network? A member telephoned the NYSCA questioning what method or methods of contact a DC in New York “must have” for after-hours consultation and treatment. The doctor...
Billing E&M codes for a Report of Findings
Q. In our office when the doctor initially sees a new patient, we bill a new patient code. (99201, 99202, 99203, or 99204 with modifier -25) At that time, the doctor gives the patient an X-ray script and informs them to return to the office with their disk for an...
NYSCA Governance: Streamlined and More Effective
At the last House of Delegates meeting, House of Delegates voted to revise the governance of the NYSCA. This is a major change that will transform the New York State Chiropractic Association to better serve the needs of ours members in meeting the challenges of the...
Attorney Requests for Protected Health Information (PHI)
A member asks: A field doctor has been contacted by an attorney seeking the disclosures of health information from the records on one of my patients. The patient in question has instructed the doctor not to disclose any health information or release any information...
Sales Tax on DME & Nutritional Supplements
"[A Vendor] has recently indicated that effective March 16, 2015 nutritional supplements are subject to sales tax. Is this the case? And do doctors need to charge sales tax on nutritional supplements and/or DME?" It is my understanding that: Nutritional supplements,...
Independent Contractor or Employee?
Q: Is there an easily understandable legal reference that distinguishes between an employee and an independent contractor? A member notes that they have had an “independent contractor” chiropractor working in her office “for almost two (2) years. As the time has...
New York Chiropractor Enters into Settlement with Medicare Due to Alleged Overbilling
Doctors, please take note of the article below. It is important to understand Medicare billing procedures, guidelines and acceptable practice. It would be prudent for you and your staff to review the ACA medicare information at ACAtoday.org/medicare. Also try attend...
Retrospective Record Review Lookback Period
A member asks: How far back in time can [a benefit plan] legally request records and does the timeframe vary for different plans (e.g., medicare, major med plans) It varies by plan and whether the plan is state-regulated or regulated federally. It can also vary...
Frequently Asked Questions Regarding Records Retention
Frequently asked questions regarding retention of medical records: Question:I am in need of room in my files and think it might be time to destroy old files. I went to the NYS website and they state that you can after 6 years from last visit and for children, one year...
HIPAA and Closing a Health Care Practice
What laws govern notification of patients upon the closing of a health care practice? And how should the closing practice handle the forwarding of medical records? HIPAA and NYS law require that patient records be maintained for at least six years and obstetrical...
HIPAA and a Patient’s Spouse
Q: If a patient's spouse has called for records on the patient, do I have to get permission from patient to release the records? A: It is my understanding that, ordinarily, you would have to have the patient's written authorization to release records to the spouse,...
Chiropractic and Adjusting Animals
Our Members Ask: I'm a chiropractor, recently moved back to NY and will be getting my license here, will then be interested in adjusting animals, primarily dogs and horses. I'm wondering what the laws of the state are. Some questions that come to mind: Do I need any...