Florida Personal Injury Magazine • Apr-Jun 2023

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MEDICAL, CHIROPRACTIC AND PHYSICAL THERAPY

We aim to inspire “Hope” and contribute to our patient’s healthcare and wellbeing by providing quality medical care to every patient through an integrated clinical practice of chiropractic, physical therapy, and medical services.

-Dr. Andrew Hope, President & Founder

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Catastrophic and soft-tissue cases.

8,000 square feet of services designed to accurately diagnose, document and treat crash victims.

Immediate notes and reports sent out without asking.

Vertical spinal decompression and other unique approaches to documenting and providing care.

WELCOME TO THE FLORIDA PERSONAL INJURY MAGAZINE!

It is an understatement to say that our industry is changing. Whether you are in the legal or medical fields, it is now more important than ever to stay informed, stay relevant, and stay visible. And with those goals in mind, we have put together in this issue a series of articles to help you stay up to date and learn how to implement productive strategies to help your practice be profitable and efficient. All of our writers are experts in their fields, and you won’t want to miss their input on best practices to put in place to improve your business.

We also think it is now better than ever to finally host our 2nd Annual Personal Injury Summit™. It will be a unique, in-person event that everyone involved in the PI industry will not want to miss. A full-day of compelling classes and networking opportunities, geared towards helping medical and legal professionals advance in the PI industry as well as create fruitful connections with each other. Whether you choose to participate as a guest or as a vendor, you cannot afford to be left out. Please see our ad inside the magazine for all details.

I hope you enjoy our magazine, and look forward to seeing you all at the summit.

Sincerely yours,

Angely C. Maria EDITOR IN CHIEF envelope-square editorial@floridapimag.com

BEST ACCOUNTING PRACTICES FOR PI LAW FIRMS

HB837 & SB236 TWO BAD TO THE BONE BILLS THAT NO ADJUSTMENT WILL FIX

IF YOU’RE NOT NETWORKING, YOU’RE NOT WORKING!

BEST ACCOUNTING PRACTICES FOR PI LAW FIRMS

By Matthew Shiebler, CPA

For most personal injury cases, once an individual makes the step to meet with a lawyer, the law firm will then file a lawsuit to sue another individual or an insurance company. Once this happens, the case will either go to court or settle in private meetings. The money won from the case is then paid to the law firm’s trust, not the individual who filed the case. Once received by the law firm’s trust account, the funds are then dispersed to the client and the law firm’s operating account. This fee can range from 20-35%, depending on the size of the payment and the firm.

The accounting side of this judicial process is the forensics of it all. When filing a personal injury claim, both the plaintiff's lawyer and the defendant’s lawyers also act as “forensic accountants”. These forensics serve to verify the financial need from wrongful death, loss of employment, and personal injury cases. Depending on the case, the lawyers will assess the case value and move forward accordingly. Having a good inclination of the case value will allow a law firm to set a budget for time and expenses related to a matter.

to implement. QuickBooks™ allows you to track all your firms expenses and even has class tracking, so you can classify each expense for each case. Expensify™ connects with Quickbooks™ and allows for individuals to track credit card charges and create those classifications using mobile devices. A good bookkeeper manages this process and makes sure that everything reconciles at the end of the month.

While the process of claim to payment unfolds, the lawyers have a good chunk of accounting to do on their end to make sure that everything is up to standard and addresses the progress of their firm. By using Key Performance Indicators (KPI), and accurate case cost accounting, a law firm can determine the actual profit they are seeing when a case settles. Most offices use some type of software to complete this task by measuring various factors from employee hours worked, thirdparty costs and tracking out-of-pocket costs. Some of these costs can be on credit cards, others can be paid at settlement and some are just ongoing throughout the life of a case. Having tools at your fingertips to accurately track all of these costs is not always the case, however. Using tools like QuickBooks™, Expensify™ and a great bookkeeper are a good start for any PI firm

The time and energy put into tracking your case costs is important, especially if you really want to know if that next settlement you won was actually profitable. Having an accounting firm that understands these needs is paramount to your firm’s success. ■

Matthew Shiebler, CPA

INTERACTIVE ACCOUNTANTS

phone-alt (305) 517-3977 ext. 104

mobile (914) 263-9806

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When filing a personal injury claim, both the plaintiff's lawyer and the defendant’s lawyers also act as “forensic accountants”

BILLING PIP FOR UNLISTED MODALITIES USING 97039

By Robert Greenbaum, Esq.

CPT code 97039 is listed as a Contractor-Priced Code under Medicare Part B for unlisted therapeutic services used by healthcare providers to report physical therapy procedures performed using a modality that is not covered by standard CPT codes. 97039 is a classic catchall option for procedures where the correct codes for the service are not easily discernible by standard codes.

The type and time of the modality must be specified for proper reporting. It is important to note that to bill under code 97039 you must keep detailed notes that must be submitted to the insurer when seeking reimbursement. When billing for this service: identify exactly on which area the treatment was performed; the amount of time spent treating the area, and the medical necessity of performing that type of therapy on a patient.

However, it is very important that this service not fall under the statutory definition of massage. Under the Florida statute, “Massage” means the manipulation of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation. Insurance companies will scrutinize notes taken and it is essential to properly document the service to avoid the challenging of its reimbursement.

As long the service does not fall under the statutory definition of massage, it should be paid at 80% of a reasonable charge. CPT Code 97039, as previously mentioned, is a Status “C” Code, which under both Medicare and FCSO means, “Carriers price the code. Carriers will establish RVUs and payment amounts for these services, generally on an individual case basis following review of documentation such as an operative report.” This means that Medicare will reimburse a provider for CPT Code 97039; however, it is a varying reimbursement amount without a visible limit. The PIP statute, after the ruling in State Farm v. MRI Associates of Tampa, Inc. d/b/a Park Place MRI, Case No. 2D-16-4036 demonstrates that there is only one method of reimbursement, reasonableness. According to Park Place and the 2nd DCA, the Defendant must pay a reasonable amount for all charges, it may limit its reasonable reimbursement to 200% of the Participating Physicians’ Fee Schedule. As there is no limit to the reimbursement under Medicare Part B, the Defendant must therefore reimburse the Plaintiff a “reasonable” amount after reviewing the documentation and reports submitted to the Defendant. ■

Robert Greenbaum, Esq. DEMESMIN & DOVER

map-marker-alt 1650 SE 17th Street

Fort Lauderdale, FL 33316

phone-alt 866-954-6673

envelope rgreenbaum@dd-legal.com

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...it is very important that this service not fall under the statutory definition of massage...

HB837 & SB236 TWO BAD TO THE BONE BILLS THAT NO ADJUSTMENT WILL FIX

By James D. Underwood, Esq.

House Bill 837 along with its Senate companion SB 236, have something bad about them for everyone that will impact medical providers, attorneys, and consumer/ claimants alike. Key components of these bills include the elimination of attorney-client privilege related to any referrals to medical providers by an attorney to their client, the elimination of attorney’s fees from insurers when an insured or their assignee recovers in litigation including all types of claims whether medical, vehicle damage, or even life insurance coverage. Additionally, these legislations would eliminate the ability of an individual from recovering damages for injuries from an at-fault party if the individual was more than fifty percent at fault for the injuries, provides for additional burdens to bring a bad faith claim against an insurer, and limits the evidence that may be presented to prove the amount of past, current, and future medical expenses related to injuries.

provision and likely will impact all policies of insurance written in Florida after the bills are signed into law. This elimination of the recovery of attorney’s fees will impact PIP cases, vehicle damage cases, life insurance policy suits, and all suits related to first-party insurance claims. If these bills become law, claimants will need to compensate their legal representation from their recovery. Many claims that could have been pursued against an insurer in the past will no longer be financially viable, as the recovery will be used primarily to satisfy legal representation even if the insurer wrongfully denied payments.

These bills change the evidence that may be used to prove damages as it relates to injuries from charges for incurred medical care to the exact amount already reimbursed by applicable insurance. As to future medical expenses, the bills limit the evidence used to prove the amount to what a responsible insurer would pay for those future services. This will lower the amount of recovery for claimants across the board, impacting the monies available to cover outstanding medical expenses.

The current regular legislative session began on March 7, 2023, and will end on May 5, 2023. All-in-all, these bills are extremely unfriendly to Florida consumers and will eliminate many checks and balances against wrongful insurance denials. ■

These legislations would limit Florida consumers access to courts as it eliminates the ability of first-party claimants from having their attorney’s fees covered by their insurer when they recovery wrongfully denied benefits under their policy of insurance. In the past when you were forced to sue your own insurance company or when an assignee sued the responsible insurer for wrongfully denied benefits,insurers were required by Florida Statute 627.428 to pay the reasonable attorney’s fees and costs for the necessity of the litigation. These bills will eliminate this statutory

All-in-all, these bills are extremely unfriendly to Florida consumers and will eliminate many checks and balances against wrongful insurance denials.

Don’t miss out on our 2nd Annual Personal Injury Summit, a full-day conference filled with:

KEYNOTE Expert speakers on legal & medical topics

⚖ Legislative Updates

�� Discussions on changes in the industry

♞ Strategies to stay profitable in the PI market

+ Attendees will also enjoy:

April 21st,2023.

All-inclusive admission for only $149 until Friday, April 21st, 2023

$169 thereafter

May 19th, 2023

All tickets include: Breakfast, Lunch and Cocktail reception

By Bianca Moreiras, CEO

Why is it important to network?

Quite simply, it works. Whether you are looking to get promoted, find clients/customers, or be educated on a product or service, the best way to obtain a great result is to network. Every individual you meet has a different level of knowledge that they bring to the table. People have a genuine need to help others. Never underestimate the value of networking at any level.

Do a little homework and research before engaging with any group business or personally. Time is money and unless there is synergy and commonality, sometimes it's best to just move on.

Virtual Networking

Covid-19 has changed the way we network; however, it is important to continue networking during these times. Your business and personal needs to communicate on any level will guarantee sustainability if done correctly. Take the time to connect with the people in the Networking groups that you visit on Zoom or other virtual platforms by sending them a note in the chat during the meeting with your contact information and request theirs. Check them out on LinkedIn or invite them to have a 1-2-1. Be sure to copy the chat often. You will see either 3 dots or the word “file,” click on it and the chat will be saved to your computer. I grew my network in one year by 1,000 like-minded people on LinkedIn, and so could you!

In Person Networking

Do your homework, do not waste time with groups or associations that will not add value to you personally or professionally. Do not make it your mission to collect as many business cards as possible. Focus on 5 great contacts. If there is a member list or roster, check it beforehand for people you want to meet. Look them up on LinkedIn and get ready for your experience to be a game changer.

• When at an event, take out your phone and go to the LinkedIn app. At the bottom of your screen, you will find “my Network” then press on the blue button in the right-hand corner that has a person silhouette and a plus sign. You can add contacts, scan their QR code, or see who has their LinkedIn turned on. The locator will find people in the room who are in and out of your network. Did you know this? Well, now you do.

• If you are collecting business cards to prove to yourself or your boss that you can, be sure to write on the back of the card something that will remind you of who they are. Examples “loves golf, red hair” or “dog lover, great smile from NY.” Write it down immediately after you walk away. It will help with recall later. Also, when collecting cards and giving out yours, put your cards in your left-hand pocket and the ones you collect in your right-hand pocket. At the end of the day rubber band them together and note the venue and the date. It will help when you are ready to follow up.

• "Thank you" notes or emails are important. Do this within 24-48 hours. If no response, follow up with a meeting request by the end of the week. If still no response, add them to your monthly newsletter or blog and stay in front of them. If you have made the effort, keep them in your email bank, however, move on to the next contact.

In the Editor’s message, Angely spoke about the 2nd Annual Personal Injury SummitTM happening on Saturday, June 3, 2023, at the Tower Club Fort Lauderdale. The PI SummitTM will be EPIC and if you’re not there and you are reading this article you will be missing an opportunity to learn more about the changes in Legislation, the industry and how to pivot your law practice, your medical practice and stay relevant in your industry. I have the pleasure of speaking on this very topic of “Networking”, which will certainly help sustain your business and continue its growth. Remember if you’re Not Networking, you’re Not Working! Plan for tomorrow, as it will be here sooner than you think. For more information or to engage in a consultation, reach out to me at moreirasbianca@gmail.com or by visiting my website at www.biancamoreiras.com. ■

Bianca Moreiras

BIANCA MOREIRAS & ASSOCIATES

Bianca has been helping law firms achieve success in all areas of their business. Over 38 years of law firm experience in operations, mergers and acquisitions, practice area development, cross-selling and marketing. A retreat facilitator, speaker and keynote presenter. One-on-one coaching and development specializing in networking and social skills.

phone-alt (305) 986-0905

envelope moreirasbianca@gmail.com info-circle www.biancamoreiras.com

IF YOU’RE NOT NETWORKING, YOU’RE NOT WORKING! IF YOU’RE NOT NETWORKING, YOU’RE NOT WORKING!

Is your trust being reconciled in line with State/Local Bar requirements?

Is your CPA introducing tax strategies designed for High-Net-Worth individuals?

Is your firm receiving timely financial statements?

IF YOU ANSWERED NO TO ANY OF THESE QUESTIONS, THEN IT’S TIME TO GIVE INTERACTIVE ACCOUNTANTS A CALL!

Our firm provides your firm with a comprehensive solution to all your accounting and tax matters. We call it the complete accounting solution. All your bookkeeping, financials and tax concerns are handled under one roof for an affordable monthly price.

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• Over 20 years experience caring for injured patients

• Traditional therapies & treatments skillfully provided in an upscale & relaxing environment

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HIPAA & FIPA COMPLIANCE IN PERSONAL INJURY CLINICS

By Natasha Wirz

Personal injury clinics in Florida have to adhere to the standards of the Health Insurance Portability and Accountability Act (HIPAA) and the Florida Information Protection Act (FIPA). These acts are designed to protect the privacy and security of individuals’ personal health information (PHI). They both require that any PHI stored, collected, or transmitted by a healthcare provider must be kept confidential and secure. The main difference between HIPAA and FIPA is that HIPAA applies to all healthcare providers and organizations in the United States, while FIPA only applies to organizations that handle PHI in the state of Florida. FIPA seeks to protect Florida residents’ personal information by setting requirements and standards for the secure storage and sharing of personal data. The act applies to any business that operates in Florida and stores or transmits the personal information of Florida residents. HIPAA requires healthcare providers and organizations to develop and implement policies and procedures to protect PHI and ensure that any PHI breach is reported and dealt with quickly. It also requires organizations to provide individuals with access to their PHI and to provide individuals with a notice of privacy practices. FIPA goes beyond HIPAA by requiring additional security measures for PHI, such as encryption, audit trails, and security incident response plans. It also requires organizations to provide individuals with more detailed information about their PHI, such as how it is used and disclosed and their rights regarding its use, including implementing measures to securely store, use, and protect their patients’ data. The requirements set forth by FIPA have directly impacted personal injury clinics in the state. For example, FIPA requires that all healthcare providers, including personal injury clinics, have a security program in place to protect their patients’ personal information. The program must include specific elements such as data encryption, user authentication, and malware protection. Clinics

must also keep a record of all data breaches involving personal information and notify the affected individuals of any such breach. In addition, FIPA requires businesses to have a privacy policy clearly outlining how they handle personal information. This policy must include how the company collects, stores, and shares information and ensures the data’s security. The policy must also explain the rights of individuals to access and control their personal information.

Compared to HIPAA, FIPA is much stricter and requires specific steps to protect patients’ information. For example, FIPA involves notification to the Florida Department of Legal Affairs within 30 days of any breach of confidential customer information, maintaining records for a minimum of five years, and promptly notifying affected individuals in case of a breach. HIPAA and FIPA provide essential legal protections for individuals’ personal health information and significantly impact personal injury clinics in Florida. While HIPAA sets forth specific requirements for protecting personal health information, FIPA takes it further and requires additional steps to protect customer data. Additionally, personal injury clinics must be aware of any other applicable laws and regulations, as violations of these could result in significant fines and penalties. By complying with HIPAA and FIPA, clinics can ensure they take the necessary steps to protect patient information and remain compliant with the laws. ■

UPCOMING EVENTS bullhorn

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Let others know about your next event and how they can join you! Send us an email to marketing@floridapimag.com to add your upcoming events into our next publication.

Documentation & Coding for the Health of Your Practice –Webinar Target Coding

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