b'CODING Update ComplianceLEGAL NUTRITIONUpdateANJC NewsANJC Leadership ANJC News! NUTRITION LEGAL EASEANJC Scholarships REHAB Update CHIRO AssistLEGAL Q&A LEGAL QuestionsExecutive Directors Update and AnswersBy Jeffrey Randolph 2020 ANJC AWARDSANJC Legal Counsel Q A patient claims that they were injured by alist theLCA as provider of service so that it is clear who doctor working at a chiropractic practice as atouched the patient and performed the service if any Legislative Update issues arise. temporary covering doctor. What do I do?INSURANCE Update INSURANCE Update A Once you are on notice of a potential claim for malpracticeQ What services can I delegate to a Licensed against your practice or someone who works for you, youChiropractic Assistant in New Jersey?should notify your malpractice carrier as soon as possible. TECHNIQUE UpdateA Licensed Chiropractic Assistant (LCA) in the State of New Most malpractice policies have notification requirementsA Jersey can perform the following functions under the on-site that you must report any potential claim within a set timesupervision of a licensed chiropractor: 1) the collection of frame or as soon as possible.If the covering doctor hasgeneral heath data including taking of an oral history or vital their own malpractice policy, they should notify their ownsign measurement; performing manual muscle tests, general carrier also of the potential claim.Though you may not haveorthopedic and neurologic tests, and functionality and participated in the actual care that allegedly caused harm, MedicareQ&AMedicare Update you could be implicated in a possible lawsuit for negligentoutcome assessment tests; and other testing that qualifies as supervision or hiring of the covering doctor.If you or theOUR HEALTHpart of chiropractic assistance;2) the application of thermal, covering doctor fail to notify the malpractice carrier in thesound, light, mechanical, and electrical modalities and time limits under the insurance policy, the carrier couldhydrotherapy (including UV B&C bands; electromagnetic disclaim coverage and you will have to defend any claim outrays, deep heating agents, microwave diathermy, short wave of your own pocket. diathermy, ultrasound, alternating current powered stimula-tion, interferential stimulation, decompression and mechan-ical traction);3) Instructing and monitoring prescribed Q How long do I have to maintain my patientrehabilitative activities including: recording a patients records in the State of New Jersey? response to treatment based on subjective and objective A The general rule for New Jersey chiropractic physicians isfindings; and reporting to the licensed chiropractor who that a record must be maintained for seven years from thedeveloped the plan of care for treatment of the patient on last date of entry in the file.For minors, it is seven yearsany response to or lack of progress with treatment and the from the date of majority (age 18).Please note that the timeneed for program change, reassessment of treatment, or frame does not run from the last date of service, it runs fromdiscontinuation of treatment.the last date of entry in the file.Thus, even if the last date of service was in 2020 but you received payments or made other entries in the chart in 2021, the time frame runs fromJeffrey Randolph, Esq. (the author of Legal Ease and Legal 2021 forward.There are other rules for Medicare and otherQ&A) is an independent person of the ANJC and his views health care programs so you may need to check for other,are not authorized, sponsored, or otherwise approved by longer retention period.For example, Medicare Managedthe ANJC. The information provided is for general guidance Care patient charts must be maintained for ten years. on matters of interest only and may not take into account particular facts relevant to your individual situation. The appli-Q How do I compliantly bill for a service I cation and impact of laws and health care can vary widely delegate to another licensed healthcare based on the specific facts involved. Given the changing professional? nature of laws, rules and regulations, there may be omissions Billing criteria vary based upon the type of professional youor inaccuracies in information contained in these materials. A are delegating to, whether they are a physician or not, andAccordingly, the information you receive is provided with the whether the incident to rules apply.However, lets take forunderstanding that the author and the ANJC are not herein example billing for a Licensed Chiropractic Assistant (LCA)engaged in rendering legal, accounting, tax, health care or on a commercial insurance or no-fault claim.A supervisingother professional advice and services nor are they providing chiropractor can delegate many functions to an LCA and thespecific advice with regard to your practice, the treatment of LCA statute specifically states that the services can be billedany specific illness, disease, deformity or condition, or any for by the supervising chiropractor.The claim form wouldother matter that affects trade, commerce, or legal rights of be submitted under the practice name, address, tax ID andothers. As such, this article should not be used as a substitute Group NPI, while the supervising chiropractor can be listedfor consultation with professional accounting, tax, legal, in Box 31 as the Service Provider.However, the LCAs NPIhealth care, or other competent advisers. Before making any must be placed in Box 24J of the claim form next to the CPTdecision or taking any action, you should consult an appropri-code for the service they provided to indicate to the payorately trained professional. who actually provided the service.The SOAP note must also www.njchiropractors.com I 7'