Blog Posts

Defibrillators: Are Yours Ready and Set?

Tuesday, January 23rd, 2024

We all work from day to day without thinking of the possibilities of a dire emergency happening. But in the offhand chance that someone needs to be revived, is your AED ready?

Imagine this scenario: a patient suddenly needs a defibrillator. The team gets it and brings it to the patient, and it’s covered in a thin layer of dust. The team tries to use it. It is not in working order, and the patient is lost.

Corporate Transparency Act

Thursday, January 11th, 2024

Individuals who own or control the company are referred to as “beneficial owners” and are required to report their beneficial ownership interest (BOI) to the federal government. In the words of the U. S. Department of the Treasury Financial Crimes Enforcement Network, this new law will make it harder for bad actors to hide or benefit from their ill-gotten gains through shell companies or other opaque ownership structures.

Corporate Transparency Act for Dental Offices

Thursday, January 11th, 2024

Are you a LLC, a PLLC or corporate entity?  Be aware that Congress passed the Corporate Transparency Act in 2021. The new federal reporting requirement for beneficial ownership information goes into effect beginning January 1, 2024. The goal of this new law is to prevent money laundering and other financial crimes, including terrorist financing.

The First Phishing Attack Settlement $480,000 Announced!

Tuesday, December 12th, 2023

The OCR settled with a medical group in Louisiana for a phishing attack that affected 35,000 patients for $480,000.

Phishing attacks can result in identity theft, financial loss, discrimination, stigma, mental anguish, negative consequences to reputation, health, or physical safety of the individuals, or to others identified in the individual’s protected health information, according to the Office of Civil Rights. 

ABC's of an Office Christmas Party

Tuesday, November 14th, 2023

Are you counting down the days until Christmas? With the holiday season fast approaching, questions arise for employers and their teams. Let’s talk about the ABC’s of Christmas in the workplace.

What's Going on with Radiation Protection Laws

Tuesday, November 7th, 2023

There has been some buzz in the dental field about laws changing that concern x-ray and radiation protection for patients. We’ve recently received questions and comments from clients saying that they’ve heard that lead aprons are soon going to be obsolete, and they are wondering if this is or isn’t true.

What Happens When You Disobey a HIPAA Rule?

Tuesday, October 31st, 2023

The Office of Civil Rights indicates that sanction policies can support HIPAA compliance. Your sanction policies can be an important tool for supporting accountability and improving cybersecurity and data protection. Employees are required to comply with written policies and procedures. If they violate these policies and procedures, sanctions are specifically required by HIPAA’s Privacy Rule and Security Rule. 

Last Quarter of the Year To Do List: HIPAA

Tuesday, October 24th, 2023

As we enter the last quarter of the year, there are important considerations to make in reviewing your regulatory compliance program. Let's look at HIPAA...

How can you avoid confusion with your Last Will and Testament

Tuesday, October 17th, 2023

After having practiced law in Tennessee the last 12 years and having drafted hundreds and hundreds of wills, I’ve come to fully appreciate the value of a Personal Property Memorandum. 

Tennessee law allows you to use a personal property memorandum as an extension of your will and even a trust for the purpose of devising tangible personal property. Examples of tangible personal property include vehicles, furniture, sporting goods, antiques and jewelry. 

Last Quarter of the Year To Do List

Tuesday, October 10th, 2023

As we enter the last quarter of the year, there are important considerations to make in reviewing your regulatory compliance program.  Let’s start with OSHA.  Next issue we’ll address HIPAA.

New ADA Publication: OSHA Training and OSHA Compliance

Tuesday, October 3rd, 2023

As many of you are aware, I started working in a dental office when I was 17 years old. I worked part time as a janitor for a cleaning company. 

I cleaned Dr. Artie Peacher's office in Dover, a small rural town in Tennessee where I live. I also worked part-time as the deputy clerk and master in the Chancery Court. Back then, I had no idea how the dental field and the legal profession would collide into my career!

Pediatric Dental Office Experiences a Data Breach

Tuesday, September 26th, 2023

Acadia Health doing business as Just Kids Dental filed a notice of a data breach with the Attorney General of Maine on September 1, 2023. Evidently an unauthorized party accessed patient information including:

Navigating Infection Control Compliance & Best Practices

Thursday, September 21st, 2023

Dental compliance and infection control have become even more important to dental practices, and for good reason. Not only does adhering to protocols keep patients and staff safe, but it also virtually minimizes the risk of investigative action or complaints. We talked with Olivia Wann, founder of Modern Practice Solutions and a lawyer and compliance consultant and got her perspective on the complex landscape of dental compliance and infection control. Her combination of practical experience in the industry and legal education makes her an expert guide to dental practices wanting to bridge the gaps in their OSHA, infection control, and HIPAA compliance programs and implement effective safety training.

What happens if there is a board complaint?

Thursday, September 14th, 2023

It is the policy of the Board to require strict compliance with the laws of the State. It is the duty and responsibility of the Board to enforce the Practice Act. 

Prevent a Board complaint from occurring by familiarizing yourself with the Board’s website and reviewing the Board of Dentistry’s disciplinary actions.  Seeing the common pitfalls will help you to avoid the same mistakes.

New ADA Publication: OSHA Training and OSHA Compliance

Tuesday, September 5th, 2023

As many of you are aware, I started working in a dental office when I was 17 years old. I worked part time as a janitor for a cleaning company.

I cleaned Dr. Artie Peacher's office in Dover, a small rural town in Tennessee where I live. I also worked part-time as the deputy clerk and master in the Chancery Court. Back then, I had no idea how the dental field and the legal profession would collide into my career!

Who Provides Consent for Foster Kids in Tennessee?

Tuesday, August 29th, 2023

In dentistry, we know that informed consent allows patients to make decisions in their dental care. We are aware that parents and legal guardians provide consent for minors. But the question arises, who provides consent for minors who are in foster homes?

Real Estate and Nursing Homes

Wednesday, August 9th, 2023

Should I sell my parents’ home if they are going into a nursing home?  Consult an attorney. Selling the home may end up disqualifying an individual from TennCare (Medicaid) benefits.  The home is usually an excluded asset when applying for Medicaid.

Eviction Questions

Wednesday, August 2nd, 2023

If a tenant does not pay rent in Tennessee, can I evict them? If there are 75,000 residents or more in your county, follow the Uniform Residential Landlord and Tenant Act.  In smaller counties, issue at least 30 days’ notice in writing.

What Happens if I Die Without a Will

Wednesday, July 26th, 2023

Who inherits if you die without a will? If there is no will in place, Tennessee allows intestate succession.  If property is owned by the deceased, there are a few scenarios:  If there is a spouse but no children, the spouse inherits.  If there is no spouse and there are surviving children, the children inherit equally.  If there is a spouse and children in Tennessee, the spouse receives either 1/3rd or a child’s equal share.  

Deadly Fungus Among Us

Tuesday, July 25th, 2023

There is a deadly fungus among us!  Recently we learned more about Candida auris at the OSAP meeting.  Candida auris (C. auris) is a deadly fungus that spreads in healthcare settings.  It can be carried on the patient’s skin and spread to others.