Interviews & Mentions of Randi Kopf
"HIPAA Business Associate Compliance by EHR Vendors Not Optional", FierceEMR, March-April 2013
" Inadequate Business Associate Agreements Subjecting Practices to Legal Risk" FierceEMR, Medical Practice Compliance Alert, March-April 2013
"Clinics Avoids Liability for Nurse's Texting of Patient's Information", FierceEMR, March-April 2013
“Providers Treat Your EHRs Like Cupcakes” FierceEMR interview concerning EHR vendor contract issues, HIPAA and other legal terms to look for, Feb. 2012
“IPAs: Are You in the FTC’s Crosshairs?” Managed Care Contracting & Reimbursement Advisor, January 2010, Vol. 7, No. 1 “Is your messenger independent practice association (IPA) risking Federal Trade Commission (FTC) action?…Much depends on how — and how well — the IPA is integrated.”
“Involve Physicians In Your Managed Care Contract Negotiations”, Managed Care Contracting & Reimbursement Advisor, February 2009, Vol. 6, #2. “Managed care contract negotiations tend to focus on financial and legal issues, but overlooking the effect of medical management on payer contracts could jeopardize your financial viability.”
“Prepare For Contracting Challenges During Merger and Acquisitions,” Managed Care Contracting & Reimbursement Advisor, September 2008, Vol. 5, No. 9
“Increasingly, hospitals are purchasing physician practices and building physician networks. The integration process poses numerous challenges for managed care contracting, including the re-contracting of all payer contracts, physician credentialing, and changes in physician compensation packages.”
“Opting Out of Medicare One Approach to Improve Revenue Stream,” Orthopaedic Practice Management, HCPro, Inc., August 2008, Vol. 1, #6.
“Many practices overlook or misunderstand the fact that Medicare rules apply to all Medicare-eligible patients — not just those actually using Medicare as their primary payer, Kopf adds.”
“Leaving Medicare is Easier Said than Done” – Health Leaders, HCPro, Inc., July 2008.
“If they simply want to cut some of the red tape associated with Medicare, physicians should consider going nonpar, Kopf says. From a practical standpoint, this process is similar to the decision to reject a private payer’s contract and, thus, become an out-of-network provider.”
“A lot of practitioners think they can easily opt out,” Kopf says. “If they don’t do it properly, they’re going to be violating regulations. There are too many hazards.”
“Balance Billing: States, Payers Crack Down on Balance Billing Practices,” Private Payment Watch, HCPro, Inc., July 2008, Vol. 4, #7.
“State laws vary widely. Some, such as North Carolina, don’t ban it, and balance billing by non-contracted providers is “very common,” says Jacobson. Other states, such as Maryland, restrict balance billing based on the type of managed care product and whether the claim is for covered or noncovered services, says attorney Randi Kopf, Kopf Health Law, Rockville, Md. Other states are vague about it. …
Also make sure that any forms you use authorize you to balance bill where allowed by law, says Kopf.”
The Entrepreneurial MD, 2008 – Kopf quoted concerning opting out of Medicare
Law School for the Public, Two Public Television programs – “Medicare Update & Senior Living Options”, Montgomery County Maryland Public Television, recorded April 11, 2006.
“Prying Eyes: Protecting Your Personal Health Information,” Fibromyalgia Frontiers, 2006 (Vol. 15, No. 1)
“Is your personal health information (PHI) more private since the implementation of 1996 HIPAA Security Laws of 1996?….it is known that PHI has influenced employment decisions….as well as pricing and coverage determinations for insurance policies…. PHI even affects school placements for young people.”
“E-health Carry Benefits, Drawbacks for OCC-Health ”, Occupational Health Management, June 1, 2006.
Kopf comments pertain to privacy and accuracy are among issues for OHNs practicing remote care
American Association of Occupational Health Nurses Newsletter (AAOHN) May 2006.
“Electronic communications and media have vastly expanded the reach of health care, enabling nurses to screen sick or injured employees who are hundreds of miles away.
Cyber medicine or telehealth or e-health encompasses any health care practice that utilizes computers, telephonic communication, handheld data sources, the internet, and any other electronic tool or resource, and it’s tailor made, in many regards, for occupational health settings. “It’s a low cost form of medical service in the occupational setting,” says Randi Kopf, JD, MS, RN, a nurse and attorney who specializes in health care issues. “You don’t need to have a nurse or doctor on staff if you have a cyber examination room.”
Pre-2006 Media & News
“How to Avoid Legal and Financial Risks When Providing Online Consults”, Managed Care Contracting & Reimbursement Insider (MCCRA) HCPro, Inc., Sept. 2003.
“….Because you’re giving medical advice by relying on what the member tells you online—without
a chance to personally examine the member—you might not give appropriate medical advice. If she then suffers complications because, say, you didn’t send her to the emergency room, she can sue you for malpractice, claiming you gave bad online advice, warns Kopf.”
“Don’t Overlook Malpractice Insurance Record Retention Requirements”, MCCRA, HCPro, Inc., Sept. 2003.
“Don’t forget to check your malpractice insurance policy for requirements regarding record retention, warns health care attorney Randi Kopf. Labs are often concerned about how long they must retain medical records, but they generally focus on CLIA, Medicare, and other federal and state requirements. Many overlook the fact that their malpractice insurers may also have their own requirements for record retention, notes Kopf. Those insurers may require labs to keep records longer than federal or state laws do, she adds.”
“May Day! May Day! The Crisis of Affordable and Accessible Health Care”, Panel Member Health Care Affordability, Major Health Care Forum, Montgomery County Council Office Building, Rockville, Maryland, May 1, 2003.
“Health official leaving her post”, The Baltimore Sun, June 24, 2003, at 1B.
“In 2000, more than 7,000 people nationwide held both nursing and law degrees, said Randi Kopf, one of the founding members of Chesapeake Nurse Attorneys Inc., the greater Washington-area chapter of the American Association of Nurse Attorneys.
There are parallels between the duties of the professions, Kopf said. “Nurses do a great deal of mediation and arbitration every day between patients and doctors,” she said.”
“Get Key Protections in Contract Before Providing Online Consults”, MCCRA, HCPro, Inc., Sept. 2003.
“A savvy plan will want to see what language the provider is comfortable with and reach a middle ground,” notes Maryland attorney Randi Kopf. If you’re negotiating a new contract with a plan, you can add an online contracting clause to it; otherwise, add it to an existing contract through an amendment signed by you and the plan.
“How to Fight Back When Plan Bundles Codes Based on ‘HIPAA Regulations”, MCCRA, HCPro, Inc., April 2003.
“How to Challenge Bar on Balance Billing When You Don’t Have Plan Contract”, MCCRA HCPro, Inc., August 2003.
“….In Maryland, the results were more positive for providers, at least for the time being. The Maryland Insurance Administration (MIA) got involved in a dispute between a PPO member and a noncontracted physician who balance billed the member after performing emergency surgery, according to Maryland attorney Randi Kopf. In the past Maryland has interpreted its law as barring noncontracted providers from balance billing for covered services, says Kopf. After holding meetings, the MIA ruled that the physician could balance bill because the plan was a PPO, and the physician was merely the physician on call at the hospital at the time the member needed surgery. But the MIA also recognized that Maryland’s law was unclear on the issue and has decided to take it to the state legislature, Kopf reports.”
“Get Patient’s Written Consent Before Using E-Mail”, Ms. Kopf is quoted in the Managed Care Contracting & Reimbursement Advisor (MCCRA) HCPro, Inc., July 2004
“The growing problem of online pharmacies”, Rice, Berkeley,Medical Economics, June 2001
“Many doctors are unaware of all the liability risks in cybermedicine,” says Randi Kopf, a health care lawyer in Rockville, MD. “First, they may not meet the standard of care if they prescribe drugs without doing a physical exam or establishing a doctor patient relationship. Then there’s a question of informed consent if they don’t communicate directly with the patient. If they’re prescribing for patients in other states, that’s another problem. Finally, there’s a scope-of-practice issue if the doctor is prescribing a drug for a condition that’s outside his specialty, like a dermatologist prescribing Viagra.”
“Don’t Shorten Your Deadlines for Suing Plan”, Kopf is quoted on this topic in these publications Pediatric Administrator’s Reimbursement and Compliance Insider, General Surgery Reimbursement & Compliance Insider
“Get Plan to Drop Unlawful or Unenforceable Clauses from Your Contract”, Kopf is quoted in these publications on this topic Pediatric Administrator’s Reimbursement and Compliance Insider, General Surgery Reimbursement & Compliance Insider
“More Regulators Just Say No to On-Line Drug Prescriptions”, The BNA Health Law Reporter in May 2000 ran a lead story quoting Ms. Kopf.
OB-GYN Practice Management published an interview in Jan. 2000 with Ms. Kopf regarding the legal liability related to disclosing patient laboratory and other test results.
“The Medical Waste Assessment”, Interview article, Medical Waste News, Nov. 1991.
“Coping with Cancer”, Focus on Health, WGTS Radio, Washington, DC and Sundays, WRQS Radio, Washington, DC, 1983