b'LEGAL Q&A PIP and By Jeffrey Randolph Practice IssuesANJC Legal Counsel Q A no-fault (PIP) claim I submittedQ I have an inactive license to practiceor acquiesce in the transfer of the for payment was denied becausechiropractic in New Jersey. Do I haverecords to another licensee;the carrier claimed my recordsto complete 30 continuing education2.publish a notice of cessation and violated the chiropractic record(CE) credits every two years andthe procedure to retrieve records keeping regulation. Is this a validmaintain malpractice insurance? in a paper of general circulation in denial and what can I do about it? A If your license is inactive which alsoyour practice location once a month A NJAC 13:44E-2.2 governs recordprovides the presumption that you arefor at least three months following keeping for chiropractors in Newnot treating any patients, you are notcessation;Jersey. Generally, it requires a chiro- required to take the mandatory 30 CE3.le a copy of your record retrieval practor to keep a contemporaneouscredits every two-year licensing cycleprocedure with the Chiropractic record of patient visits includingnor maintain malpractice coverage, asBoard;patient demographics, a history, examthe scope of practice statute species ndings, a care plan, a descriptionthese requirements apply to active4.make a reasonable effort to notify of services provided and signicantlicensees only. However, it is prudentany patient you treated in the past changes in the patient condition sinceto maintain malpractice tail coveragesix months of the record retrieval the last visit. Some insurance carriersfor a period of years following yourprocedure. have taken hyper-technical viewsactive practice as claims could be of this regulation and have deniedled against you for prior allegedJeffrey Randolph, Esq. (the author payment on a claim if there is evenacts of malpractice even thoughof Legal Ease and Legal Q&A) is an a minor deviation from the recordyou are not actively practicing. Newindependent person of the ANJC and keeping regulation such as not havingJersey follows the Discovery Rulehis views are not authorized, sponsored, a patients complete demographics.for malpractice cases which allows aor otherwise approved by the ANJC. This is not a valid denial. You shouldclaimant to le a malpractice actionThe information provided is for general do a post-service appeal andagainst a healthcare provider twoguidance on matters of interest only arbitrate the denial. I have arbitratedyears from the date of incident or twoand may not take into account particular many similar claims, and arbitratorsyears from when the patient knew orfacts relevant to your individual situation. routinely will award payment of theshould have known that malpracticeThe application and impact of laws claim provided there are not materialoccurred. This could extend theand health care can vary widely based portions of the patient record missing. malpractice statute of limitations foron the specic facts involved. Given many years following the cessationthe changing nature of laws, rules and Q A no-fault (PIP) carrier denied myof active practice. In addition, if youregulations, there may be omissions or claim because I used shorthand in myattempt to reinstate your license, theinaccuracies in information contained notes, even though I provided a keyBoard of Chiropractic Examiners mayin these materials. Accordingly, the to the shorthand, on the basis thatrequire you to complete CE credits asinformation you receive is provided with the records were incomplete and doa condition of reinstatement.the understanding that the author and not support my billing. Is this proper? the ANJC are not herein engaged in Most likely not. Doctors are permittedQ I am closing my practice and movingrendering legal, accounting, tax, health A out of state. What do I do about to use shorthand in their notesnotifying my patients? care or other professional advice and provided they provide a key to thatservices nor are they providing specic shorthand to allow other doctors orA The regulations that govern chiro- advice with regard to your practice, the carriers to be able to decipher thepractic practice in the State of Newtreatment of any specic illness, disease, shorthand. Provided the shorthandJersey set forth a specic proceduredeformity or condition, or any other notes and accompanying key meetyou must follow if you shut yourmatter that affects trade, commerce, the minimum requirements of recordpractice and do not sell or transferor legal rights of others. As such, this keeping and provide the materialit to another licensee. Specically,article should not be used as a substitute information required in the standardN.J.A.C.13:44E-2.2 requires that if for consultation with professional SOAP format, a denial of this nature isyou cease to engage in practice for accounting, tax, legal, health care, not appropriate. The denial should beat least three months, you must:or other competent advisers. Before appealed post-service and an arbitra- making any decision or taking any tion led if the appeal is denied.1.establish a procedure for patientsaction, you should consult an appropri-to obtain copies of their recordsately trained professional. 6 I Winter 2020 www.anjc.info'