Getting Served: The Do’s and Don’ts of Litigation

Getting Served: The Do’s and Don’ts of Litigation

Upon returning home from a busy urgent care shift, you notice a certified letter with a law firm’s return address. You open the letter and realize you are being sued in the case of a 26-year-old woman you saw almost a year ago. As your heart beats harder, you think about returning to the urgent care to pull up the chart. You wonder who you should call (the medical director, the insurance company…?) Should you …

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Employee Confidentiality Cannot Extend to Employment Terms—Including on Social Media

Employee Confidentiality Cannot Extend to Employment Terms—Including on Social Media

Urgent message: Nondisclosure agreements that are commonly required of management and providers to protect a company’s business strategies, intellectual property and human capital generally cannot prohibit employees from sharing their own pay, benefits, working conditions, or conditions of employment even on social media. Alan A. Ayers, MBA, MAcc is President of Experity Networks and is Practice Management Editor of The Journal of Urgent Care Medicine Many companies expect and even demand confidentiality of proprietary information. …

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The Nuances of Age Discrimination

The Nuances of Age Discrimination

Urgent message: As the United States learns to support an aging workforce, understanding the nuances of age discrimination can help urgent care practices to be fair and diverse workplaces that avoid potential legal pitfalls. Alan A. Ayers, MBA, MAcc is Senior Editor, Practice Management of The Journal of Urgent Care Medicine and is President of Experity Networks “Lori’s been here since dinosaurs roamed the earth—she’ll know where it’s at.”1 That type of comment may land …

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Are There Any Restrictions on an Urgent Care Provider Charging a No-Show or Cancellation Fee?

Are There Any Restrictions on an Urgent Care Provider Charging a No-Show or Cancellation Fee?

Urgent message: When holding a time slot that could go to another paying customer, it’s common for service businesses to charge no-show or cancellation fees. With many urgent care centers moving to online registration and queuing systems, could this be a solution for maximizing throughput in urgent care as well? Alan A. Ayers, MBA, MAcc is President of Experity Networks and is Practice Management Editor of The Journal of Urgent Care Medicine. Please provide at …

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Liability of an Urgent Care Center for Third-Party Labs

Liability of an Urgent Care Center for Third-Party Labs

Urgent message: While an urgent care center is responsible for the collection and safeguarding of clinical specimens, it’s generally not liable for the activities of a third-party lab that it sends a specimen to. Alan A. Ayers, MBA, MAcc is Vice President of Strategic Initiatives, Experity Urgent care facilities regularly provide bloodwork and laboratory testing for their patients. These services may include allergy screening, diabetes testing, anemia screening, immunity testing, thyroid screening and monitoring, and …

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New Lawsuits Re-examine Prescribing of PrEP in Urgent Care

New Lawsuits Re-examine Prescribing of PrEP in Urgent Care

Urgent message: Urgent care providers should take note of emerging class-action lawsuits when helping patients decide if PrEP (pre-exposure prophylaxis for HIV) is right for them. Alan A. Ayers, MBA, MAcc is Chief Executive Officer of Velocity Urgent Care Few diseases ravage the body like HIV. As such, the healthcare world has been working for decades to develop treatments and methods to protect patients against it. One of the most promising treatments is pre-exposure prophylaxis …

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Can Employers Mandate the COVID-19 Vaccine?

Can Employers Mandate the COVID-19 Vaccine?

Urgent message: Based on precedent, urgent care operators and other employers can mandate the COVID-19 vaccine when available, subject to reasonable accommodation for exemptions, which are limited when an employee’s role is public- or patient-facing. As we strain our eyes to see the light at the end of the tunnel in this pandemic, many urgent care centers will continue to have front office staff, medical assistants, and providers interacting with the public. In fact, research …

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Does the OSHA General Duty Clause Encompass Psychological or Emotional Injury?

Does the OSHA General Duty Clause Encompass Psychological or Emotional Injury?

Urgent message: Despite tort law and emerging workplace policies validating how sexual harassment, workplace bullying, and toxic gossip can lead to emotional and psychological harm, currently the OSHA General Duty Clause imposes a responsibility only for employers to provide a workplace free of “death and serious physical injury.” Alan A. Ayers, MBA, MAcc The OSHA General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act,1 states that an employer must provide each of …

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What are The Legal Remedies to Stop Cyberstalking of Your Urgent Care Center?

Urgent message: Social media provides a platform in which patients, who perceive they’re relatively anonymous, can bully or harass a business they feel has “slighted” them. To mitigate the cost of lost reputation and labor in countering online vitriol, urgent care operators need to know their rights and remedies for “cyberstalking.” The customer is always right. Typically, this adage reveals itself when the customer isn’t happy. The customer thinks they know what’s best and that their answer …

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When Can an Urgent Care Legally ‘Fire’ a Patient?

Urgent message: In light of increasingly frequent reports of urgent care centers “firing” patients for various reasons, clarity is needed as to whether and when it may be legal and appropriate for urgent care to “ban” a patient. The customer is always right. We’ve all heard that saying and perhaps even invoked it in a contentious business situation. But exactly how does this apply to providers and staff in an urgent care?  Background A patient …

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