Wednesday, February 22, 2017

The Only Reason To Invest In A Healthcare Compliance Solution

Written by Lance King

I've personally been the recipient of identity theft, incorrect medical billing, and have had a 4 month old daughter have a virus nearly take her life partially because of incorrect use of protective equipment and sanitation.

This year my family and yours will utilize at least one healthcare service. At Healthcare Compliance Solutions, Inc. ( we think families should not have to worry about having their medical records information stolen, have to worry about the health care equipment being used or not used appropriately, or have to worry about receiving a bill with an incorrect amount.

At, we believe that every healthcare office in the United States should take every measure to ensure the safety and ongoing protection of both their patients and staff. Unfortunately, this is not always the case. We live in a country where HIPAA, OSHA, Medicare, and Employment Laws are being ignored completely. Many doctors have told us these laws are a nuisance.

While I understand that office staff are wearing multiple hats of responsibility and struggle to develop a compliance program. There REALLY is a simple compliance solution.

At, we help healthcare practices and business associates (anyone hired by the practice required to handle patient information) protect their patients, staff, and the reputation and the growth of their practice from constant change and uncertainty in the healthcare environment. We believe this is best done by creating a culture of compliance.

If you would like to learn more about how we help you in your efforts to create a culture of compliance, contact or if you want to connect with me directly e-mail me at or call at 801-702-7283.

Monday, February 20, 2017

HCSI Interview with Bryan Laskin of OperaDDS: Episode 6

Today's show features an interview with Bryan Laskin, the founder of Opera DDS--a complete communication software provider for dentist offices.  Interview was conducted by Lance King of Healthcare Compliance Solutions, Inc.

Background on Bryan Laskin
Bryan Laskin, DDS, is from Minneapolis.  Originally, he was planning on becoming a physician until he visited with family members and others who were medical doctors and decided that dentistry was more compatible with his personality and lifestyle.  Bryan is an entrepreneur at heart, so when he saw the need for better communication solutions/software, he talked to a friend in the technology industry. They decided to start a company that could meet those needs.  He realized that he could be an entrepreneur and a dentist at the same time by sharing his office's ideas with others, through Opera DDS.  He is currently the CEO of Opera DDS, as well as the owner of a thriving dental practice, which has doubled its business in the past two years.  He credits much of that growth to Opera DDS; he says that when you use the best practices, people will notice and be attracted to your company.
Opera DDS
Bryan likes turning things that other people see as problems into opportunities.  Opera DDS has solved the problem of secure communication within a dental practice.
 It is the only company offering complete communication packages for dental offices, according to Bryan.  It is cloud-based, so it works with any operating system, plus it has applications for android, apple, and even apple watch so dentists are able to use it on the go through phones, tablets, and the like.  Opera DDS has developed three software products: Pager for interoffice communication; Recare for communication with patients; and Chorus for communication with other healthcare providers like labs and specialists.

Benefits of Opera DDS
The first benefit of using Opera DDS is the increase in productivity.  Bryan has found that the average dental office's productivity increases by over 30 percent after implementing Opera DDS!  Communication processes are consolidated and made more efficient, freeing up everyone to focus on what they do best—which is a key to success according to Bryan.

Secure and HIPPA Compliant
The next benefit of using Opera DDS is that all texts, messages, files, etc are secure and HIPPA-compliant.  Bryan says that there is a big difference between security and compliance and that his products cover both bases.  The most common data breech that he's found is from theft of actual devices, like tablets and laptops.  Bryan says the most secure way to keep data safe is to get it off local storage and onto cloud storage.  With Opera DDS, dentists can rely on their data remaining secure even in cases of theft.

Easily-Accessible Communications
Another related benefit that Opera DDS offers is the ability to send and receive secure messages with patients, labs, specialists, and even within the office. A hygienist can talk with a patient and pass on the information to the dentist through secure texts and emails. A lab can send results to the dentist securely using existing email addresses.  All communications can be found in one place for the dentist, so if he's away at lunch, he can quickly catch up by checking one location.

Continuous Improvements
The final benefit offered by Opera DDS is that the company is always looking at ways to improve. Bryan says that half of their innovation comes from listening to what its customers want and half comes from looking forward at what technology will make possible.  Sometimes solutions come after looking at things in completely different ways.  One of the new things that Opera DDS hopes to roll out soon is pain management through virtual reality.  Studies found that especially in young patients, the most effective pain and anxiety management tool was virtual reality.  Bryan and his team have been developing virtual reality videos made especially for dental work.  A sample of this, as well as some other new products/offerings will be unveiled at the Get it Done weekend in Minneapolis. This event is sponsored by Opera DDS, and is a quick fun way to get CPR, OSHA, HIPAA  and Medical Emergency training, as well as to learn about new technologies and participate in team-building exercises.

More information
To get more information about the Get It Done Weekend, one may visit  Any dentist interested in a free 10 minute demo of Opera DDS may go to and fill out the contact information sheet.  Bryan is sure that once an office has tried his software, it will never want to use anything else.  Bryan can be reached at with any specific questions for him.

Final Advice
When asked for any advice for healthcare providers who are also looking at entrepreneurship, Bryan gave two suggestions. First, he stressed the importance of continuing education. He said learning about procedures, practices, and technology in one's industry will be helpful.  Second, he stressed the importance of allowing others to shine.  Bryan said that true entrepreneurship is developing leadership in others.

Thank you for visiting!  Make sure you catch every week's interview.

Sponsored by Lance King at Healthcare Solutions Inc

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Tuesday, February 14, 2017

Trouble with Compliance Training

Getting your employees to complete their compliance training can be a challenge!

Compliance training is not something that your employees want to take time away from their busy schedule to complete. It is not high on their priority list and they feel like it is a waste of their time. This attitude is very common throughout many healthcare organizations. This type of employee attitude is a dangerous attitude to have within a healthcare organization. I have received many calls from clients asking for help with correcting this attitude within their organization.

Here are two of my suggestions for correcting a poor attitude towards training within a healthcare organization:

  1. Create a Culture of Compliance - When employees see that protecting the health information of the patient is not a high priority for their leaders (doctors, administrators, etc.), then protecting the patients privacy and health information will not be a priority for them either. This type of behavior and attitude will then become part of the organization's culture.
  2. Performance Review - Incorporate the completion of the employee's compliance training into their performance review. If an employee has not completed all of their compliance training, then that will be a negative factor in their performance review.
It is important that all employees (including doctors) complete their required compliance training every year!

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Monday, February 13, 2017

HSCI Interview with Dr. Arlen Meyers of SoPE: Episode 5


Today’s show features an interview with Dr. Arlen Meyers, the president and co-founder of the Society of Physician Entrepreneurs, or SoPE.  Lance King, of Healthcare Compliance Solutions Inc. conducted the interview.

Dr. Arlen Meyers, An Introduction

Dr. Arlen Meyers was raised in Philadelphia.  He moved to Colorado in 1976 to attend the University of Colorado and has lived there since.  Dr. Meyers practiced Ear, Nose, and Throat medicine for 40 years.  He started SoPE because he was frustrated with the process of commercializing a
device/process that could optically detect cancer cells.  He realized that other people were probably having similar struggles and so he, along with some colleagues, started SoPE as a way for entrepreneurial-minded physicians and healthcare providers to connect and collaborate.  Dr. Meyers credits a lot of his entrepreneurial spirit to watching and working with his pharmacist father. He learned of and found a love for commercial healthcare at his father’s drugstore, where he worked from the time he was eight or ten years old.

Challenges Faced

Dr. Meyers says that although physicians have always been entrepreneurs, having an entrepreneurial mindset and formally packaging oneself as a physician entrepreneur is a fairly new idea in healthcare.  He defines a Physician Entrepreneurship as the pursuit of opportunities with scarce resources, the goal of which is to create user defined value with the deployment of innovation.  When he first began SoPE, Dr. Meyers’ message fell on deaf ears, essentially because doctors didn’t need to focus on being innovation-minded. They could graduate in the middle of their class, set up a practice, and make more money than most people in the country.  Recently, healthcare providers have realized they need to step-up their game if they’re going to compete in today’s market.
Dr. Meyers says that although it’s more important now to have an entrepreneurial mindset, his greatest challenge still is finding people who have that trait.  He said doctors and healthcare providers need to create opportunities out of challenges and they need to be creative. One of the reasons those people are hard to find is that doctors need to be very good at taking tests and memorizing facts to be at the top of their class. Unfortunately, that doesn’t always translate into creativity; in fact, innovation gets punished in some ways. Dr. Meyers asserts that the industry conveys the message, “We want you to be innovative, but we don’t want to hear about it.”  The Society of Physician Entrepreneurs is a group of people who want to hear about innovations.

Society of Physician Entrepreneurs, or SoPE

The Society of Physician Entrepreneurs is a good fit for healthcare providers who are fed up with certain processes, devices, situations, et cetera and who are able to see innovative ways to fix or improve those things.  It is also a good fit for people who are looking for a different role in the healthcare industry.  Dr. Meyers asserts that creating a process or gadget that delivers value to thousands of patients is just as valuable, if not more valuable, as a physician who sees 40 patients a day for 40 years.
The goal of SoPE is to bring together like-minded people who have ideas on how to deliver value to patients.  The SoPE will help members get ideas to commercialization by providing members with education, resources, networks, mentors, and experiential learning through chapter networks.   Dr. Meyers says that the SoPE is “preaching the gospel of innovation” and the society would welcome anyone who is entrepreneurial-minded to become a ‘disciple.’
It costs $75 per year to be a member of SoPE.  The SoPE provides a chance for physicians, researchers, marketers, patients, attorneys, and anyone else who wishes to provide value to patients through innovation to connect in monthly meetings.  Additionally, the SoPE provides other connection opportunities multiple times a year through virtual meetings with organizations that have similar or compatible missions.  The SoPE is a virtual organization; it has a Board of Directors, Chapter Leaders, and Members. It is completely voluntary and not-for-profit.  Local chapters are led by physicians, but anyone may be a member.  The only thing that matters to the SoPE is the answer to the following question, “How can you deliver value to patients through innovation?”  Anyone who has a good answer to that question is invited to join.

More Information; How to Join

To learn more about SoPE, or to join, please visit and look for local chapters.  If there is not a chapter nearby, any innovation-minded physician is welcome to start one in his/her area.  Dr. Meyers has found that the chapters in smaller cities have had great success because of less competition for the same resources.  He says that when chapters hold meetings and connect, things happen.

Final Advice

Dr. Meyers has two final pieces of advice.  First, don’t take advice!  Second, don’t point the finger; jerk the thumb—meaning, cultivate the inner-entrepreneur.  Decide for yourself what you want to accomplish.  Ask yourself if you have a risk-tolerant personality.  Look at your blind spots.  If you’re an employee, find a culture that will allow your entrepreneurial spirit thrive.  If you’re a business owner, create the kind of culture that builds on innovation.

Show sponsored by Healthcare Compliance Solutions.  Please visit our website at

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Monday, February 6, 2017

HCSI Interview with Anthony Castorani of Crossroads Technologies: Episode 4

In this episode, Lance King from Healthcare Solutions Inc ( interviewed Anthony Castorani the CEO of Crossroads Technologies.  Crossroads Technologies is a company that offers a solution for IT management for doctor entrepreneurs.

Introducing Anthony Castorani
Had Anthony not made the decision to pursue a career in technology at the age of 20, he may have continued life as a bass player in an Iron Maiden tribute band.  After playing for 4 years, he realized that although he made a great amateur musician he would never really want to seek a career as a professional bass player.  After thinking about his options for the future, he remembered his days of programming on a Commodore VIC 20 in 7th grade, and that he always enjoyed learning about technology.  He chose to follow this path because he enjoyed it and this enjoyment is obvious when he talks about his company, Crossroads Technologies.

Crossroads Technologies
Crossroads Technologies was created in 1996 by Anthony and three other people in a small, one-room office.  Anthony started this business because he had become disillusioned by the other technology companies he had previously worked for, whose main focus was money not the customer. He knew he could be successful if he kept customer satisfaction as his primary goal.

Why Crossroads Technologies?
The way Crossroads Technologies achieves this goal is to never deviate from company policy of offering 100 percent IT management, 24 hours a day, 7 days a week.  Anthony believes that because of this all-inclusive offering, he is the best value for practices looking for IT management solutions.  Other technology management firms charge per hour, or only offer one-time set-up support.  Because Crossroads provides unlimited and ongoing support for one fee, clients can call anytime they have an issue or question and their service ends up being more cost-effective than the per-usage-fee guys.
Crossroads Technologies also helps businesses think about and achieve long-term goals by focusing on the future.  Although many practices choose to use a “set it and forget it” approach to technology, Anthony says that the successful firms will remember
that technology changes quickly and choose a company (Crossroads) that uses a dynamic approach.  Crossroads Technologies stays current on industry changes and advancements and informs their customers of those challenges and opportunities as they come up.  Anthony says one of the biggest issues in owning a business is not having a clear plan.  Crossroads Technologies will help their clients develop a vision, create a plan to achieve that vision, and not deviate from that vision.  Anthony wants doctors to remember that their practice is a business—which means they must look at what makes them different and better than other physicians/practices.  Also, Anthony advises doctors to listen to their patients and not just focus on the analytics of diagnosing.  In this way, Crossroads Technologies is similar—they listen to their customers and are always open to constructive critiques because they know this is what drives improvement as well as customer satisfaction.

Contact Information
Practices that are a good match as clients for Crossroads are ones that realize doctors need to focus on their specialty—taking care of patients—and that customers would be best served by utilizing a full-service IT management company.
According to Anthony, “What we do for the healthcare world is deliver... a management solution that isn't a product is a bundle of different things from managing the well as taking care of people and environments so [customers] don't experience down times.”
Physicians who are interested in this type of service may visit their Crossroads Technologies website at and fill out the form under the Contact Us tab.

Episode sponsored by Healthcare Compliance Solutions Inc,

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Thursday, February 2, 2017

OSHA Employer Reminder - Post Injury and Illness Summaries Now Through April

Employer Posting Requirements for OSHA Form 300A

HCSI reminds healthcare and other non-exempt employers of their obligation to post a copy of OSHA's Form 300A, which summarizes job-related injuries and illnesses logged during 2016. The summary must be displayed each year between Feb. 1 and April 30 in a common area where notices to employees are usually posted. Businesses with 10 or fewer employees and those in certain low-hazard industries are exempt from Occupational Safety and Health Administration (OSHA) recordkeeping and posting requirements. Visit OSHA's Recordkeeping Rule webpage for more information on recordkeeping requirements.

All employers that are required by OSHA to maintain a copy of OSHA's Form 300A, that at any time in the past calendar year had 10 or more employees, are required to complete and post OSHA Form 300A (unless they belong to certain low-risk industries that are exempt). Examples of low-risk, exempt industries include clothing retail stores, publishers, banks and investment services. A full list of exempt industries can be found on the OSHA website. 

OSHA Form 300A is a summary of all serious work-related illnesses and injuries (including needlesticks and bloodbourne pathogens exposure) suffered by employees in the previous year. Even if no incidents or injuries occurred in 2016, employers that meet the requirement must post the form. Again, OSHA Form 300A must be posted in a visible location and must be displayed where notices to employees are commonly posted and must remain posted from February 1, 2017 through April 30, 2017.
OSHA Form 300A derives from information kept in the OSHA 300 Log. Employers should complete and post the Summary (OSHA Form 300A) using information recorded on the log but do not post the Log (OSHA Form 300). Employers should consult with legal counsel or contact OSHA directly regarding any specific questions about how to comply with these requirements. Be proactive and prepared with your documentation so you can provide employees, former employees, their representatives, as well as OSHA officials access to your Log of Work-Related Injuries and Illnesses (OSHA Form 300). 

More information about OSHA employer responsibilities can be found here:


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Tuesday, January 31, 2017

States Raising Minimum Wage for 2017 - Don't Forget To Update Posters!

Update Your State Minimum Wage Poster!

With recent and upcoming state modifications regarding minimum wage laws, be certain to check with your state's Labor and Industry division/commission to ensure you have their latest minimum wage notice poster(s) required for your office or practice.

Generally these posters can be downloaded, free of charge, in PDF format from your state's labor division website or optionally can be purchased through various re-sellers and online sources.  See this DOL listing of State Labor Offices for more information on resources.

The following states have announced increases to the minimum wage and have issued new posters:
State New Minimum Wage Effective Date
 Alaska $9.80 Jan. 1, 2017
 Arkansas $8.50 Jan. 1, 2017
 California $10.50
(for employers with
26 or more employees
Jan. 1, 2017
Colorado $9.30 Jan. 1, 2017
Connecticut $10.10 Jan. 1, 2017
District of Columbia $12.50 Jan. 1, 2017
Florida $8.10 Jan. 1, 2017
Hawaii $9.25 Jan. 1, 2017
Maryland $9.25 Jan. 1, 2017
Massachusetts $11.00 Jan. 1, 2017
Michigan $8.90 Jan. 1, 2017
Missouri $7.70 Jan. 1, 2017
Montana $8.15 Jan. 1, 2017
New Jersey $8.44 Jan. 1, 2017
Ohio $8.15 Jan. 1, 2017
Vermont $10.00 Jan. 1, 2017
Washington $11.00 Dec. 31, 2016

The following states have announced minimum wage increases and new posters are pending:
State New Minimum Wage Effective Date
Arizona $10.00 Jan. 1, 2017
Maine $9.00 Jan. 1, 2017
New York Variable rates
based on location
Dec. 31, 2016
Oregon $10.25 Jan. 1, 2017

Overview of state minimum wage changes: 

Effective December 31, 2016

New York:
  • $9.70 per hour for Greater New York
  • $10.00 per hour for Nassau, Suffolk, and Westchester counties
  • $10.50 for New York City (small employers)
  • $11.00 for New York City (large employers)

Effective January 1, 2017

Alaska: $9.80 per hour.
Arizona: $10.00 per hour. The minimum wage is also scheduled to increase to $10.50 per hour on January 1, 2018.
Arkansas: $8.50 per hour.
California: $10.00 for employers with 25 or fewer employees; $10.50 for employers with 26 or more employees. The minimum wage is also scheduled to increase to $11.00 per hour on January 1, 2018.
Colorado: $9.30 per hour. The minimum wage is also scheduled to increase to $10.20 per hour on January 1, 2018.
Connecticut: $10.10 per hour.
Florida: $8.10 per hour.
Hawaii: $9.25 per hour. The minimum wage is also scheduled to increase to $10.10 per hour on January 1, 2018.
Maine: $9.00 per hour. The minimum wage is also scheduled to increase to $10.00 per hour on January 1, 2018.
Massachusetts: $11.00 per hour.
Michigan: $8.90 per hour. The minimum wage is also scheduled to increase to $9.25 on January 1, 2018.
Missouri: $7.70 per hour.
Montana: $8.15 per hour.
New Jersey: $8.44 per hour.
Ohio: $8.15 per hour (gross receipts of $297,000 or more); $7.25 per hour (gross receipts under $297,000)
South Dakota: $8.65 per hour.
Vermont: $10.00 per hour. The minimum wage is also scheduled to increase to $10.50 per hour on January 1, 2018.
Washington: $11.00 per hour. The minimum wage is also scheduled to increase to $11.50 per hour on January 1, 2018.

Effective July 1, 2017

Washington D.C: $12.50 per hour on July 1, 2017. The minimum wage is also scheduled to increase to $13.25 per hour on July 1, 2018.
Maryland: $9.25 per hour on July 1, 2017. The minimum wage is also scheduled to increase to $10.10 per hour on July 1, 2018.
Oregon: $10.25 per hour standard rate on July 1, 2017; the Portland metro rate will increase to $11.25 per hour; and the nonurban counties rate will increase to $10.00. The minimum wage is also scheduled to increase to $10.75 per hour standard rate on July 1, 2018; the Portland metro rate will increase to $12.00 per hour; and the nonurban counties rate will increase to $10.50.

Source(s): http://www/,,,,
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Monday, January 30, 2017

HSCI Interview with Josh Johnson of Advanced MD: Episode 3

Advanced MD

In this week's episode, Lance King from Healthcare Compliance Solutions (, interviews Josh Johnson, the Executive Vice President of Advanced MD.  Advanced MD is a cloud-based service-provider for EMR (electronic medical record), billing, and telemedicine software.

Get to Know Josh Johnson
Josh Johnson has a passion for sports.  He grew up playing four high school sports and now enjoys coaching his children's teams. His father was a great example of not quitting and instilled that value in him.  Josh's favorite quote is from Henry Ford, “Whether you think you can or think you can't, you're right!”  

Josh Johnson as a Manager
Josh has relied on that philosophy of positive thinking and giving it his all throughout his career. He especially had to rely on it during times of transitions.  Josh worked as the VP of sales for ADP.  When ADP acquired Advanced MD, Josh made a lateral move to work for them and has since been promoted to Executive Vice President of Sales.  Josh Johnson recommends the book Culture Eats Strategy for Breakfast and tries to stick to it's principles when managing his sales team.  When acquiring new companies and instilling the new culture of commitment, Josh looks for people who are willing to not give up and want to have a long-term career with the company.  He prides himself on developing a positive culture where his salespeople can succeed if they're willing to put in the effort.  A key part of that culture development is the practice of giving nicknames to co-workers.  Giving everyone nicknames is just part of building a culture of success, motivation, and retention at Advanced MD.  

Advanced MD
Advanced MD is a nation-wide, cloud-hosted tech company that specializes in technology and software for medical offices as large as 25 or more practitioners or as small as a single doctor-owned practice that is just starting out. Within the software, they provide electronic medical record (EMR), patient portals so patients can access their information and fill out forms online, telemedicine
platforms where patients can receive healthcare remotely, as well as scheduling software and more.   Josh says that Advanced MD's biggest competitive advantage is their billing software.  Because of billing inefficiencies, physicians end up treating their first two patients of every day for free.  Advanced MD's billing products will help eliminate that inefficiency.  Besides offering billing software directly to clients, Advanced MD also offers software for billing companies, or can take over billing entirely.

Another competitive advantage of Advanced MD is their specialized sales and implementation teams.  These teams are familiar with the needs and nuances of specific specialties.  The implementation teams will walk everyone, established practice or brand-new start-up, through all aspects of the software.  This includes set-up, credentialing, billing, scheduling, reporting, and submitting claims.  Once the client understands the product, they are turned over to service specialists who continue to support the practice with any questions or continuing needs.  Advanced MD also offers additional products, such as analytic tools which can help a practice compare and contrast their performance with others in the same specialty or locality.  
Doctors/business owners like to have control over data. Advanced MD offers that control through access to information and charts electronically. The efficiencies gained through Advanced MD allows doctors to use their time on patient care, instead of keeping track of papers. Doctors can enter information on a tablet or phone and it will be uploaded to the cloud. Electronic charting systems are also more effective in safeguarding patient information.  Advanced MD prides itself on billing efficiency so offices have higher bill-pay, thus becoming more profitable.  Advanced MD also offers continued support for their clients after purchase through product enhancements, question support, access to newsletters, and monthly webinars  Finally, if clients refer other practitioners resulting in a sale, the referring office earns discounts and other incentives.  Josh Johnson says Advanced MD's mission is to save the private practice by focusing on billing efficiency, continuous advancement, and putting the customer first.

Potential clients may visit Advanced MD's website at; it's easy to navigate and offers access to webinars, information by specialty, and newsletter subscription.
Or call 800-825-0224 and anyone in the company would be happy to answer questions.

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Friday, January 27, 2017

Disclosure VS Breach

What is the difference between an incidental/accidental disclosure and a breach?

With the approaching breach notification deadline (Before March 1st, all breaches must be reported 60 days after the end of the previous calendar year that the breach occurred), I have receive many calls and emails asking, "is this a breach and do I need to report it?". This is an important topic that needs some clarification.

Incidental Disclosure

These disclosures are non-intentional and occur as a by-product of allowed uses and disclosures. They are allowed as long as the minimum necessary standard and reasonable safeguards are applied in the course of your everyday operations. An example would be if a passerby overhears PHI being discussed at a nursing station. These disclosures do not have to be accounted for.

Accidental Disclosure

These types of disclosures are distinctly different from incidental disclosures. Accidental disclosures
happen when a mistake is made in disclosing a patient’s PHI. Examples include faxing or mailing PHI to the wrong destination or disclosing PHI to an unauthorized person. If you are aware of an accidental disclosure, you need to log the disclosure on the disclosure log. If the disclosure is potentially harmful or damaging to the patient, you need to notify the patient of the accidental disclosure.

Identifying a Breach of Unsecured PHI

A breach is defined in the HIPAA HITECH Act as:

The unauthorized acquisition, access, use, or disclosure of unsecured protected
health information which compromises the security or privacy of such
information, except where an unauthorized person to whom such information is
disclosed would not reasonably have been able to retain such information. (Note
that de-identified health information, as defined in HIPAA’s Privacy Rule, is not
PHI; therefore no breach notification is required.)

Exceptions include:

• Any unintentional acquisition, access, or use of protected health information by an
employee or individual acting under the authority of a covered entity if:
• Such acquisition, access, or use was made in good faith and within the course and
scope of the employment or other professional relationship of such employee or
individual, respectively, with the covered entity; and
• Such information is not further acquired, accessed, used, or disclosed by any
person; or
• Any inadvertent disclosure from an individual who is otherwise authorized to
access protected health information at a facility operated by a covered entity to
another similarly situated individual at the same facility; and
• Any such information received as a result of such disclosure is not further
acquired, accessed, used, or disclosed without authorization by any person.

I hope the information listed above helps you have a better understanding of the difference between an incidental/accidental disclosure and a breach. Here is another article that could offer some additional information.

If you would like additional information, please feel free to email

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Thursday, January 26, 2017

HSCI Interview with Dan McNeff of Legally Mine USA: Episode 2

Lance King of Healthcare Compliance Solutions Inc interviewed Dan McNeff, the founder and CEO of Legally Mine USA.  Dan answered some questions about his company and how Legally Mine protects the assets of health care providers.  

Legally Mine Backstory

Dan McNeff began his career working for Jay Mitton, the father of asset protection.  Mitton started a company that developed an asset protection self-help kit marketed to medical associations.  Dan started as a director, became a speaker for the business, moved up to run the whole company, and eventually bought the entire company from Jay Mitton.  Dan decided to convert the business from self-help to full service because he felt the medical practices were better served and informed this way.  Legally Mine has grown to be the biggest full-service asset protection provider for medical practices in the United States.  It employs 6 full-time attorneys, 50 full-time employees, and over 20 law clerks and paralegals.  Dan attributes Legally Mine’s success and growth to having the best industry knowledge and experience.  Legally Mine specializes in protecting assets from lawsuits, as well as lowering income taxes for medical practices, and educating practices on continuing legal issues.

Challenges Faced

The biggest challenge Legally Mine overcame in the beginning was two-fold: finding the right people and putting them in the right place.   Dan recalled cycling through many employees before he found the best of the best. Once he got the best people, he said another challenge was letting go of control and recognizing his own weaknesses so he could focus on his strengths.  Focusing on strengths enabled everyone to do what he/she each did best, making the company more efficient. Now that he’s got the best people in the right seats, he says that the company is in high demand and they can accomplish everything they want to and do so in a timely fashion. 

During the interview, Lance was reminded of the book, Good to Great by Jim Collins.  The book has a chapter about hiring the right people, and states “Good to great companies first got the right people on the bus–and the wrong people off the bus–and then figured out where to drive it.”   Dan McNeff is “driving the bus” in the right direction, as evidenced by the increased growth over the past two years.


Dan credits his valuable employees for the growth of his company. His talented educators are able to open the eyes of medical providers to the value of asset protection.  His office staff is knowledgeable and efficient; they fulfill company promises and handle problems in a timely manner.  Customers are impressed and offer voluntary testimonials to potential clients through word of mouth. 

Why Legally Mine?

Legally Mine helps medical firms protect themselves against the biggest threat to their survival: lawsuits—both internal and external.  Dan McNeff stated that the average physician will be sued four times in his/her career; he also said the American Medical Association found that a physician is seven times more likely to be sued than get in a car wreck in a given year.  Dan reminded us that we all have car insurance, so why wouldn’t doctors all engage in asset protection? Dan said, “[Legally Mine] is the largest firm of our kind; that’s ever existed frankly. We know what we do works because we’ve faced more of it than anybody has ever faced. That does, in fact, make a difference.”
The main reason why medical providers are using Legally Mine is that owners are finding their assets are not protected as well as they thought they were in a lawsuit.  When corporations were originally created, they were to gather large sums of money to create large companies. Because of the increased litigation, people began to incorporate businesses to protect personal assets in lawsuits, as well as to have the business be seen as an individual tax-wise.   Lately, case law has created the ‘alter ego rule’ where legally a medical provider equals her practice.  This rule makes it possible to ‘pierce the corporate veil’ and make personal assets available, such as homes, cars, boats, savings, and rental properties for seizure in lawsuits.
Legally Mine offers full-service asset protection, specialized for medical practices. Many lawyers don’t specialize in medical practice asset protection; Dan likened using a general practice lawyer instead of Legally Mine to getting eye surgery from a dentist.  Dan asserts that not only do clients get the best services in the industry no one can beat Legally Mine’s prices for the services offered. 

Alternative Solutions that are Less-Effective

Irrevocable Trusts
Irrevocable trusts can be domestic or offshore but they work essentially the same way. Irrevocable trusts are less expensive than using Legally Mine.  Unfortunately, they are not good options because there is no solid case history in testing them, so it is unknown if they will actually protect a practice’s assets. Irrevocable trusts are also just that, irrevocable!  They cannot be changed, so it’s rather risky to make a decision that one cannot change.  The IRS doesn’t like irrevocable trusts because they are tax shields; unfortunately, this means there’s a higher risk of audits by the IRS when a company employs this type of asset protection. Finally, the biggest problem with an irrevocable trust is that you are giving control and ownership to someone else.  Dan used the example of having a home in trust and then having your kids decide that it would be in your best interest to sell the home and move you to a nursing home.  You would have no say in the matter and would have to move. 

Self-help kits
The main problem with self-help kits is that business owners have to rely on themselves to become an authority on local, state, and federal laws instead of focusing on their practices.  Someone might think they are legally covered until he discovers in a lawsuit that what he did was not good enough. 

US Compliant Trusts
US Compliant Trusts place assets in life insurance policies by using the assets as the premium. The assets are backed by a cash value.  The biggest problem with these is that the policyholder no longer owns the assets—the insurance company does. 

Steps Involved with Legally Mine

Contact Legally Mine at or call 1 800 375-2435 to schedule an educational seminar.  The seminar can be in person or a webinar; both will be live to allow for question and answer. 

Once an owner/medical provider decides to retain Legally Mine’s services, the team will go over the assets involved and create a blue print of asset protection.  They will also design a rudimentary tax reduction plan, as well as create a living trust.

If the owner/medical provider agrees to the blue print, the legal team will do a final review, and take care of everything for the owner. The information contained in the blueprint will be bound and presented to the owner.

Legally Mine offers continued support to their customers through a maintenance program that includes prep minutes for meetings monthly, newsletters, and a privileged section of their webpage with the newest in asset protection information.

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Today’ show was brought to you by Healthcare Compliance Solutions Inc, the online compliance solution for OSHA, HIPAA, Medicare and employment law for small to mid-sized practices and business associates.