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Posted by / 14-Jul-2020 17:53

Medicare backdating documentation

Past notes were being electronically copied and pasted into current records.

Old services rendered were being documented over and over again, with additions to reflect any new services.

Authors Pamela Hartzband, MD, and Jerome Groopman, MD, who practice at Beth Israel Deaconess Medical Center in Boston and teach at Harvard Medical School, write, “Many times, physicians have clearly cut and pasted large blocks of text, or even complete notes, from other physicians; we have seen portions of our own notes inserted verbatim into another doctor’s note.In this article, the author writes: “Backdating by itself is not generally, at least with respect to private agreements, illegal.Rather, it is the use of the backdated documents by the parties or their counsel that may violate the law.” The US approach seems to be founded on the principle that parties to an agreement (or deed) are free to agree that the document is to take effect prior to the date of execution – this is often denoted by dating the document “as of” the earlier date. Bradley Real Estate Trust, the US Court of Appeals (7th Cir.The commonwealth-trained (and more prudent) approach would be to insert the date only when the last party has signed and to use a date no earler than the date of that last signature.This should cover the majority of cases that come across corporate counsel’s desk.

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Lawyers who were trained in commonwealth jurisdictions may have an ingrained concept that backdating a document is generally improper, if not illegal.

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