Risk Management Publications

Releasing Medical Records – Guidelines for Reducing Your Risk of a Violation

A frequently asked question we receive at CAP is “can I release the records?” Medical practices frequently receive medical record release requests from multiple sources, including subpoenas, attorneys letters, law enforcement, regulatory agencies, and patients themselves.

Beware of Secret Agents - The Not So Independent Contractor

Our case for this month is all about "agents,” so if you hire independent contractors, you’ll want to read on to learn more about how to manage your liability exposures.

Patient Privacy Protections and the Medical Board of California

At the start of this year’s legislative cycle, a bill related to the Medical Board of California stood out immediately. Senator Melissa Hurtado (D-Fresno) introduced SB 920, a bill that proposes to authorize a Board investigator and a medical consultant to inspect a physician's business location and records, including patient and client records.

Improving Patient Experience and Outcomes Through Engaging Content Using Multimedia and 3-D Animation

Patient engagement is the holy grail of many quality initiatives. If patients can be more fully engaged in their healthcare, comprehension increases, compliance goes up, informed consent is improved, anxiety is reduced, and outcomes improve.

CAP members can now sign up for paperless billing and enjoy the ease and convenience of managing their account online. Save time and money by easily opting in to receive statements via email, pay your bill online, and eliminate the need for another piece of mail.

Ask My Practice: Continuing the Conversation on Physician Burnout

Physician burnout continues to be a prevalent challenge in healthcare, with a substantial number of physicians reporting that with the additional challenges of COVID-19, increasing administrative duties, and new regulatory burdens, it is more difficult than ever to find time for themselves and their families.

Rising Cybercrime May Be Impacting Your CyberRisk Insurance Coverage

Cybercrime is on the rise and the insurance industry is taking a close look to make sure its policyholders have the basic security controls to prevent losses. Ransomware is a type of malware that threatens to publish the victim's data or perpetually block access to it unless a ransom is paid.

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CAP COVID-19 Resource Center

CAP is committed to helping our member physicians meet the challenges that arise during the COVID-19 pandemic. To that end, CAP has launched our COVID-19 resource page, which will continually be revised with key guidance and current best practices. Among the useful resources the site currently offers are printable office signage templates, healthcare provider resources, and extensive guidance to implementing telemedicine in your practice.

Educating Your Patients on Disposing of Unwanted Medications

Most physicians would likely not be surprised that many American homes have an accumulation of unused, unwanted, or expired medications. But did you ever consider the potential safety hazards these surplus medications present?

Discontinuing the Patient-Physician Relationship

CAP's Hotline receives frequent calls requesting guidelines on discontinuing/terminating this patient-physician relationship, not because of wellness, but because the physician no longer desires to have the patient in his practice. From these calls, we have learned of "misunderstandings," which this article intends to clarify.

Who Must Sign a Death Certificate?

CAP member physicians frequently call our hotline with questions about completing a patient’s death certificate. Sometimes, they are reluctant to sign the legal document since they were not in attendance at the time of death. Other times, they inquire if their nurse practitioner or physician assistant can sign the death certificate for them.

Documenting Telephone Calls with Patients

How does your office handle telephone messages from patients?

Short answer: It should be like a well-oiled machine.

This article will assist physicians and their office managers to:

The Latest Strategies for Treating and Protecting Against Coronavirus

As new information emerges daily around the Coronavirus and as the search for answers continue, the risk management and patient safety experts with the Cooperative of American Physicians, Inc. (CAP) would like to ensure that physicians and medical communities across California have access to the most reliable resources to remain aware of the latest strategies in treatment, protection, and prevention.

The Coronavirus Threat Lurking Beyond the Clinic

Outside of websites, texts, and social media posts advertising fake products, cures, and false information, physicians and their staff should be aware of phishing emails circulating throughout the healthcare industry, among others. CAPAdvantage program member, Acentec, has recently distributed an alert to warn the medical community of scammers who are trying to capitalize on fears surrounding the virus and its potential spread.

New Evidence About Severe Pulmonary Disease Linked to Electronic Nicotine Delivery Systems (ENDS)

Electronic Nicotine Delivery systems (ENDS) are the newest emerging technology in the epidemic of novel tobacco products that has been spilling out of start-up companies for the last 13 years. So physicians wonder, “How should I respond when my patients seek advice about using these electronic devices?”

How to Respond to Patient Grievance Letters

What should you do when your office receives a grievance letter from a health plan and a written response is requested?

Patient Record Requests: What Is Proper Release Protocol?

Medical practices frequently receive medical record release requests from multiple sources, including subpoenas, attorney letters, and patients themselves. Learn the answers to several frequently asked questions by patients.

Does Your Medical Practice Need a Clinical Laboratory Improvement Amendments (CLIA) Certificate of Waiver?

Does your staff perform any in-office laboratory tests, such as patient urine dip-sticks or Glucose Tolerance Tests?

How Long Do I Have to Keep My Patient’s Medical Records?

Here is the question asked most often on our risk management hotline: How long should our office retain patient medical records and billing information?

Must Office Staff Wear Name Tags and Disclose Their License Status?

Yes. According to Business & Professions Code Section 680, a health care practitioner, while working, must disclose his or her name and license status on a name tag in at least 18-point type.

Can a Medical Assistant (MA) perform Microdermabrasion?

A frequently asked question to the CAP Hotline is: Our practice wants to offer "Microdermabrasion". Can the procedure be done by a trained medical assistant, under the supervision of a physician? The answer is no.

DEA Extortion Scams Resurface in California

A CAP member physician recently called our risk management hotline requesting help with a call from a Washington Drug Enforcement Administration (DEA) agent. The caller demanded that she turn herself in to local law enforcement for writing fraudulent prescriptions and dealing drugs with the Mexican mafia.

An Expansion of the Rights of Minors Relating to Patient Records

California law provides that any adult patient and any minor patient authorized by law to consent to medical treatment, is entitled to inspect and request a copy of their medical record upon written request to the healthcare provider and payment of reasonable costs to make the record available. (California Health and Safety Code Section 123110)

May Medical Assistants Call in New Prescriptions or Refills to a Pharmacy?

It depends… The Medical Board of California (MBC) cautions, “Physicians should view carefully his or her decision to allow medical assistants to perform this task.” It is not the physical act of picking up a phone and dialing a number that is of concern.

Checklist for Closing Your Medical Practice

CAP's Risk Management and Patient Safety Department offers the following guidelines to help physicians who are retiring or otherwise closing or selling their practice, or for those handling the estate of a deceased physician.

Documenting Patient Return Visits and Following Up on Missed Appointments

As every patient visit concludes with a documented office visit encounter, the visit note should include when the patient is advised to return. It is important for the physician to document when a patient should return to the office and for what purpose.

Signing the Electronic Record

Many physicians have migrated to the electronic record in the in-patient and out-patient setting. Physicians routinely use electronic and digital signatures in lieu of a hand written signature. Electronic submission necessitates security measures to verify and authenticate the physician’s identity.

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