Wiki Signing off another provider's EM notes

oskolkoff

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Our office is hiring a ANP. Is it possible under the new 2021 EM guidelines to have another provider sign off the EM note and bill for her services? She is credentialed, but is under a no competition clause from her last employer for 1 year.
Thanks, Jennifer
 
If she is performing incident-to an MD, then her services can be billed in that manner. It is not a matter of someone else signing off on her notes.

However, if she has a valid non-compete clause (and they are invalid in many states*), then she shouldn't be... competing.

*Generally, courts consider them invalid if the person is unable to make a living in their usual profession.
 
Not an attorney, nor do I play one on TV. But doesn't a non-compete clause prevent you from working within a specific area? It would have nothing to do with how her claims are billed.
 
I'm not an attorney either but did stay at Holiday In Express last year :). I'm wondering if, since you are aware of her non compete clause and hired her anyhow, you could face some type of liability if the past employer decided to enforce the non compete and went after her for monetary damages? Trying to "hide" her work by having someone else sign off on it kind of makes you complicit in her competing when she shouldn't be. I would resist trying to dig a deeper hole trying to assist her in violating her non compete.
 
Agree, a non-compete clause has no bearing on coding or billing and should not even be a consideration. The ANP's services can be billed under the supervising provider if and only if the 'incident to' requirements have been met and the payer to which you're billing allows for this.
 
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