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McBrayer Blogs
Showing 4 posts in Nurse practitioners (NP).
OIG, in a Departure, Approves Hospital Provision of Nurse Practitioner Services
Posted In Department of Health and Human Services (HHS), Health Care Law, Hospitals, Nurse practitioners (NP), Office of Inspector General of the United States Department of Health and Human Services (OIG)
Traditionally, the Office of the Inspector General for the U.S. Department of Health and Human Services (“OIG”) would take a hard stance on any arrangements that might involve some form of remuneration from a hospital to a referring physician, but the winds of change may be blowing. In Advisory Opinion 22-20, published in December of 2022, the OIG has given a green light, albeit in a limited context, to an arrangement in which a hospital may have its employee nurse practitioners perform some services traditionally performed by the patients’ primary care physicians. This is a small step in the direction of a more flexible OIG stance on the federal Anti-Kickback Statute (“AKS”), but it doesn’t completely sidestep risks. More >
Kentucky Board of Nursing Issues Advisory on Nurse Practitioner Prescribing During State of Emergency, Pushes Telehealth
Posted In Nurse practitioners (NP), Telehealth
Following the Kentucky Board of Medical Licensure’s Advisory, the Kentucky Board of Nursing issued advisory guidance regarding prescribing practices for Nurse Practitioners.
The guidance begins with a reminder of prescribing limits per the schedule of the drug prescribed, then immediately states that APRNs may utilize telehealth when prescribing controlled substances per 201 KAR 20:520. The good faith examination required to establish the provider-patient relationship under KRS 218A.010(4) can now, under the present emergency, be accomplished via telehealth. The definition of telehealth includes interactive audio, video, or other electronic media, and, as the Board points out, telephones.
More >
Guidelines regarding APRNs prescribing Hydrocodone
Posted In Advanced Practice Registered Nurses, APRNs, Drug Enforcement Agency ("DEA"), Health Care Law, Hydrocodone, Kentucky Board of Nursing, Nurse practitioners (NP)
Categorizing Nurses under the Fair Labor Standards Act
Posted In Advanced Practice Registered Nurses, Employee Agreement, Fair Labor Standards Act (FLSA), Health Care Law, Licensed practical nurses (LPN), Nurse practitioners (NP), Registered nurses (RN)
There has been a surge of nursing lawsuits in recent years, with nurses arguing they have been denied overtime pay, meal breaks, and fair wages as guaranteed to them by the Fair Labor Standards Act (“FLSA”). The FLSA makes a distinction between exempt and non-exempt employees, with the latter receiving overtime and wage protection. More >
