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Can You Prevent a Whistleblower Lawsuit?

When a whistleblower suit is brought against a company or practice, there are usually many warnings that were ignored or not dealt with appropriately. Many times, wrongdoings are brought to light internally first and properly addressing concerns can prevent a lawsuit.

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Often, the employee who becomes the whistleblower tries to raise the issue internally before going outside the company.

There are also fears of retaliation by many whistleblowers. Fear of retaliation can lead an employee to report wrongdoing to an outside board or entity.

So how do you avoid a whistleblower issue?

While it’s impossible to ensure that you will never have a whistleblower suit on your hands, you can take steps to make sure your employees’ concerns are acknowledged.

First, make sure your employees have a variety of ways to raise their concerns, including an anonymous option.

As part of your regular compliance training, make sure your employees know all the ways to raise issues and let them know that you are want them to come forward with concerns. If your employees bring their concerns forward, it can help you improve your practice, patient care and working relationships.

Let employees know that you take concerns seriously and will fully investigate, and where necessary, remediate concerns.

When we work with practices and companies on their compliance plans, policies and procedures, or employee handbooks, we make sure to put in place robust internal reporting methods.

Stress the importance of open communication to your employees and then follow through. You can’t expect your employees to believe you, if you don’t take the time to actually listen and address concerns.

Busy practices will often have an attorney investigate and address employee concerns, to have impartiality and attorney client privilege. This also lets your employees know you take their concerns seriously, when an outsider is brought in to investigate.

Having open communication with your employees will lead to better working relationships and a better overall company.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

What You Need to Know About Licensing and Credentialing

Many of our clients have had questions or issues regarding their license or credentialing. New physicians and physicians who have been practicing for years can all encounter issues with their medical licenses. We help our clients work to get the answers and results they need.

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Depending on the issues that you may be having, there are different approaches to take in dealing with the Bureau of Professional Licensing and the Board regarding your medical license.

However, no matter what stage you are at, there are certain steps you can take to improve your interactions.

First, make sure that you have all your documents in order. When dealing with licensing, it is likely that no matter the reason, they will require proof and written records. Depending on the nature of your interaction, you may need complete records of the following:

Continuing education credits,
Community service/volunteer work,
Letters of recommendation,
Proof of various trainings related to human trafficking, opioids, etc.,
education,
and more.

Second, know the statutes that apply. Various statute will likely apply to your situation and it is important that you are familiar with the laws. The statutes will impose certain requirements.

Third, dot your i’s and cross your t’s. Make sure that you are following the required formats for all submissions. Double check that no records are missing and that all of your explanations are in order. Know what needs to be notarized, and ensure that your notary follows the required format. It may be wise to have a third party review your documents prior to submission.

Fourth, follow up. If you can find a contact, following up on your documents can ensure that you have accurately submitted all requirements and are not missing any supporting information.

Finally, know when to call the experts. When problems with your medical license arise, it is essential you take it seriously. Find a healthcare attorney who is familiar with licensing and credentialing to help you from start to finish. At Rickard & Associates, we help make the process as easy as possible for our clients and work with them every step of the way.

If you need help, let us know. Having an advocate familiar with the process can make a big difference when it comes to your license.

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Coca-Cola entering the fresh fruit category?

REEDLEY, CALIF. — The Coca-Cola Co. has entered into a licensing agreement with Frutura, a supplier of fresh produce, to put two of its brands on fresh citrus. The agreement involves Coca-Cola’s Simply and Minute Maid brands.

The Minute Maid brand will appear on fresh grapes in the United States and fresh citrus and grapes in Japan. The Simply brand, under Simply Select, will appear on fresh citrus in the United States. The products will be distributed by Dayka & Hackett, a subsidiary of Frutura.

“Our company is committed to serving the consumer with superior products at every part of their day,” said Kayla Carlucci, associate licensing manager with The Coca-Cola Co., Atlanta. “When we consider licensing one of our brands, the quality of the product that will bear our name is paramount as is the quality control the licensee exercises at every step along the supply chain. We’re delighted to be in business with Frutura and consider this to be the start of a great relationship.”

Products featuring the Minute Maid and Simply Select branding will begin reaching retailers during the second quarter of the year, according to Frutura.

“Partnering with the iconic Coca-Cola Co., and their globally recognized and respected brands, is a transformative moment for our company and for Frutura,” said Tim Dayka, chief executive officer of Dayka & Hackett. “This will allow us to increase our market penetration in a meaningful way, as these brands resonate so strongly with the discriminating consumer.”

Physician Contracting 101 – Rickard & Associates

Physician contracts are often complicated and have unique terms. We help our clients understand the terms and negotiate their contracts.

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Many of our clients are physicians who are negotiating or renegotiating their employment contracts with their employers. Sometimes these are with health systems, hospitals, or small physician offices.

We also have clients come to us with issues after they negotiated their own contracts.

Physician contracts are unique, as they have standard employment terms, healthcare terms, and a variety of terms from the employer related to the employer, the specialty, productivity and more.

When reviewing your physician contract, make sure that you fully understand the following:

Termination provisions. How can your employer terminate your agreement and how much notice are you entitled to? 90 days? more? It is essential that you know how you can be terminated and what other provisions are then invoked. If you are terminated, does that trigger repayment or non-compete provisions? Make sure you fully understand all potential consequences of termination.
Breach provisions. Some physician contracts spell out a variety of breach remedies that are in addition to the remedies under the law. We have seen some extreme remedies, such as specific performance and paying liquidated damages. It is essential that you know of any potential remedies that they have.
Repayment provisions. Upon expiration or termination of the agreement, are you required to repay anything? Sometimes there are requirements to repay moving bonuses, signing bonuses, etc. This could be a large amount that is due very quickly. Make sure that you know and plan for any potential repayments.
Non-compete provisions. We always caution physicians against entering into agreements with non-compete provisions. While this isn’t always possible, non-compete provisions can impact your ability to work in the future. You need to know what triggers a non-compete, if there is anything you can do to work around the non-compete, and how broad the non-compete is.
Compensation provisions. Compensation is often the most important provision for our clients. However, these sections are often muddled and confusing. Sometimes contracts are even silent as to how compensation will be determined in future years of the contract. Other physician contracts have productivity based compensation, which can be concerning as it leaves a lot of discretion to the employer. We recommend getting a guaranteed compensation amount for as long as possible, depending on your circumstances.

And more.

We have seen a trend of physician contracts becoming more and more complex and burdensome on the physicians.

It is essential that you negotiate your contract fully before you start work and that you fully understand your agreement.

We recommend working with an experienced healthcare attorney so that you do not tarnish your relationship with the employer and so that you are made aware of any potential pitfalls.

If you need help reviewing or negotiating your physician agreement, we can help. Contact Rickard & Associates today.

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Is Your Compliance Plan Protecting You?

Healthcare compliance plans are essential to ensure your practice is following the law. Your compliance plan can keep your practice out of trouble.

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A recent enforcement action highlights the need for an effective and updated compliance plan.

A physician in Arkansas has been sentenced to 102 months of prison time and to pay over $4.63 million in restitution. Following release from prison, he will have three (3) years of supervised release. He also was fined $2,200 for a special assessment.

The physician was found guilty of signing prescriptions for patients that he did not know or treat.

The physician was then found guilty of lying about his actions to the FBI. He claimed he only signed prescriptions for those he evaluated and denied receiving any kickbacks.

In response to a subpoena, he only turned over a small portion of records. He also fabricated medical records.

The Arkansas physician’s actions serve as a grave reminder that it is essential to follow your compliance plan. Once a bad act has been discovered, your compliance plan needs to be followed to repair and remedy any issues.

Your practice should have a thorough compliance plan in place and action plans in the event you find any issues.

Your staff should also be trained as to how to respond in the event of an investigation.

If you need help updating, auditing or enforcing your compliance plan, call our office today.

If you need help protecting your patient data, we can help. Contact Rickard & Associates today.

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EHR Threats? – Rickard & Associates

A recent warning highlights that electronic health records (EHRs) are a top target of cybercriminals.

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The Health Sector Cybersecurity Coordination Center (HC3) issued a warning to healthcare entities regarding EHR vulnerabilities and protections.

Protected health information (PHI) continues to hold its value on the dark web and is a constant target of cybercriminals.

With the recent growth of telehealth and healthcare technology, we have seen a large increase in cybercrime and breaches attempting to benefit from security lapses.

How can you protect your patients’ PHI and your practice?

It is essential to utilize best practices when it comes to healthcare privacy and security.

Make sure that you are up to date with all security patches and regularly change your passwords.

Ensure that your staff regularly changes all passwords for all devices that can access patient data. Also make sure that no passwords are visible within the office.

Encryption is the best way to ensure that healthcare data is protected from threats.

We recommend and assist our clients with staff trainings that highlight realistic protection measures, including phishing awareness and ransomware responses.

It is essential that your backups are offsite and secure, in the event your practice is breached. Test your response time to get your practice operating once a cyber attack has occurred.

If you need help protecting your patient data, we can help. Contact Rickard & Associates today.

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Groves coffee house gets new owners, expands to Orange County – Port Arthur News

Groves coffee house gets new owners, expands to Orange County

Published 12:22 am Friday, April 7, 2023

: One of the drinks offered at Sundara. (Courtesy photo)

GROVES — Paul Borel was a long time customer of Sundara Coffee House & Grill before he became the owner.

Borel would go to the Groves shop daily for what he described as the best coffee he’s ever had, which was created by original owners Herb and Cindy Kreutzer.

The business changed hands and later, when a different owner considered closing Sundara, Borel made an offer.

“It’s been a part of the Groves community for years,” Borel said. “I’m born and raised in Groves and wanted to keep it alive. I have nothing but admiration for Herb and Cindy, and I want to keep their legacy going.”

Borel also worried about the dedicated employees, saying he couldn’t let them lose their jobs.

Sundara serves freshly made baked items. (Courtesy photo)

The allure of the roast

Borel is enamored with the coffee that the Kreutzers serve, and he continues to serve it.

“Herb and Cindy did some extensive research and they came up with a special blend of three different beans from Mexico, Columbia and Brazil and they experimented with a roasting company until they found the exact way to roast the beans,” he said.

“It is specific to Sundara, and Sundara is the only place you can have it. It is a unique flavour; once you taste it you won’t want coffee from anywhere else. I really believe that. I would go every day before I was the owner.

Adrian Todd, Sundara’s general manager, has a long history of working in the restaurant business and is capable of juggling the necessary duties, as well as acting as a barista, cooking and running supplies to the Orangefield location.

He said the most popular drink is the caramel frappe.

Todd said it is similar to what one might get at another coffee shop nearby.

“But it’s made with love, that’s what I like to say,” Todd said.

He is in the process of developing a drink specifically for the City of Groves. Todd did some research and learned from Groves’ ties to pecans.

“A pecan praline frappe,” he said of what the Groves-inspired drink would be. “I did some surveys beforehand and asked folks if they would buy it, and they found it enticing. I have people still pressing me to know when (I will do it.)”

atmosphere

Todd said the atmosphere at Sundara is community driven, even if there is a well-known coffee chain business down the street.

“This is the place where folks can run into their neighbors, run into their friends and sit outside and talk,” Todd said. “I spent 20 years in San Antonio in the restaurant business. Coffee shops like this have always been special to me because that’s where I would hang out in San Antonio, where I would go.”

Todd isn’t looking to reinvent the wheel at Sundara. He wanted to keep the original legacy alive and breathe some fresh air into the shop, he said.

Sundara’s Orangefield location is at 6381 FM 1442 — the corner of FM 105 and FM 1442. (Courtesy photo)

Orangefield

The Orangefield location at 6381 FM 1442 — the corner of FM 105 and FM 1442 — opened in December and, currently, serves the coffees with a few exceptions.

Borel said they send soups and baked goods to Orangefield which are cooked in the Groves location.

He said the public reaction has been overwhelming.

“It’s amazing the support we’ve gotten, the likes and responses we got,” Borel said.

Like the Groves community, the Orangefield community welcomed Sundara with open arms, he said.

Future

Borel is looking to become more involved in the community and collaborate with other local businesses. He’s already on that path with a Sundara loyalty card that, after a certain amount of purchases, the card bearer can get a free car wash at a local business.

Employees of that business are then able to get discounts on their purchases at the coffee house.

Borel looks to add more businesses to the card, he said.

The future of the Orangefield location includes the possibility of adding a kitchen, he added.

PRESS DIGEST-New York Times business news

March 28 (Reuters) – The following are the top stories on the New York Times business pages. Reuters has not verified these stories and does not vouch for their accuracy.

– US Commodity Futures Trading Commission (CFTC) sued Binance, the world’s largest cryptocurrency exchange, and two of its senior executives on Monday, alleging that in wooing business from American investors, they had chosen to “knowingly disregard” laws governing certain US financial markets .

– Lyft Inc said on Monday founders Logan Green and John Zimmer would step down as CEO and president, with board member David Risher taking on the top role as the ride-hailing firm struggling to keep up with bigger rival Uber.

– US regional lender First Citizens BancShares scooped up the assets of failed peer Silicon Valley Bank, in a vote of confidence for the battered banking sector that prompted a rally in bank shares.

– Shawn Fain won the race for United Auto Workers president, narrowly defeating incumbent head Ray Curry in a shakeup for the Detroit-based labor union.

– Fox News Media of Fox Corp has fired producer Abby Grossberg who last week accused the network of discrimination and of coercing her into providing misleading testimony in a blockbuster defamation case.

(Compiled by Bengaluru newsroom)