In summary, there are no extensions, no 5-day waiting period and the eLicense system for submitting monitoring agreements has not been deactivated with immediate effect. From now on, for new hires, the monitoring contract is signed and stored on the training site and they can start working immediately. You can use any form you like, but the OSMB recommends using your forms because these forms meet legal requirements. The monitoring agreements to be filed at the place of practice remain in effect for an indefinite period until the doctor terminates the surveillance of the Pa (s). The Ohio General Assembly, which recognizes the increased use and independence of intermediary providers, has adopted am. Sub. H.B No. 111, revised Code 4731.19 (as of September 28, 2018) has been amended by the procedural obligation for physicians to submit to the order of physicians, for examination and authorization, the supervision arrangements of medical agents. The amended status also increased the civil fine from $1,000 to $5,000 if the Board were to find at any time that the supervising physician did not comply with Section 4731.19. In addition to the imposition of a civil fine, the law authorizes the Board of Directors to take disciplinary action against the attending physician and medical assistants if necessary. Eric Plinke is a partner in the Corporate Department und Health Law Practice Group and regularly advises businesses and individuals on a wide range of legal issues in the health sector.
He has clients in training and acquisition of practices, hospital and joint venture transactions, hospital and physician practices, contract review and preparation, compliance programs, HIPAA rules, scope of practice, telemedicine and stark law and anti-kickback statutes, as well as comprehensive experience advice in outpatient surgery centers and others. Under the amended status, it is the responsibility of physicians who supervise medical assistants to ensure that their supervisory agreement is in accordance with Ohio law and to understand and perform their duties and supervisors. “According to HB 111, the obligation to submit any supervisory agreement to medical advice and review it is removed. For those with existing monitoring agreements, nothing is necessary (other than making sure that a copy is stored on the exercise site), even if they are intended for renewal. Ensure that any changes to the agreements by September 26, 2018 result in a new monitoring agreement to be retained. Make sure that all the monitoring agreements you have on file on September 26, 2018 are correct. After 26 September, the College of Physicians will begin the audit procedure and there will be penalties for non-compliance. Although the board has less control, the physical requirements for oversight agreements remain the same.
In addition, the possible penalty for non-compliance is more serious. Previously, the Board of Directors could impose up to $1,000 in civil penalties for non-compliance. Now the board can sanction non-compliance with a fine of up to $5,000. Therefore, while the newly adopted legislation is less cumbersome, potential sanctions should encourage employers and doctors to comply with the material requirements of these agreements. The Board of Directors has put forward formal agreements for convenience, but physicians and their advisors can develop their own agreements in accordance with the law. The link to the form agreements is available here: www.med.ohio.gov/Apply/Physician-Assistant-PA.