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MCO and see how they would be reimbursed. If you disagree with the MCO’s approach, clarify any agreement you make in the contract. Understand the MCO’s bundling methodology BEFORE you sign the contract.Be aware that there are probably certain contract clauses the MCO will not negotiate (different clauses for each MCO) and you must decide if you will compromise or if they will be deal breakers.FINAL THOUGHTS:If you don’t have the time to review your contracts, for the next two or three years, pay an attorney to review them for you; have him/her sit down with you and explain the contract clauses and pitfalls. After three years you should (1) be educated and feel comfortable enough to do the review yourself, and (2) be able to figure out the financial viability of each contract. It is easy to go from the foreign to the familiar - with practice comes increased speed of the review and increased economic benefit.Don’t sign a contract unless you have read and understand all the provisions and conditions. Don’t sign every MCO contract you are offered. Review them and make intelligent, financially responsible decisions. Consider dropping the lowest money maker (or loser) each year. Many MCO’s will not negotiate a contract until a provider threatens to not renew.While a recent federal court case, International Healthcare Management et al. vs. The Hawaii Coalition, the Hawaii Medical Association, et al., held that medical associations can review and comment on physicians’ managed care contracts without fear of violating federal antitrust laws that prohibit independent physicians from banding together to negotiate contracts, the FMA is just not staffed to provide this service. The FMA, however, does have a Lawyer Referral Service that it operates to help physicians find competent legal representation. The Lawyer Referral Service can be accessed online at www.flmedical.org/lawyer.aspx. If you need more individualized assistance, please contact the FMA legal department at legal@flmedical.org.This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead ofaddressing legal concerns. Last Update: October 2005 MEDICAL ASSISTANTS Section 458.3485, Florida Statutes, defines the term “medical assistant” as a “professional, multi-skilled person dedicated to assisting in all aspects of medical practice under the direct supervision and responsibility of a physician. This practitioner assists with patient care management, executes administrative and clinical procedures, and often performs related managerial supervisory functions.” Competence in the field requires that a medical assistant adhere to ethical and legal standards of professional practice, recognize and respond to emergencies, and demonstrate professional characteristics. The statute provides that a medical assistant may undertake the following duties under the direct supervision or responsibility of a licensed physician:A. Performing clinical procedures, to include:1) performing aseptic procedures2) taking vital signs3) preparing patients for the physician’s care4) performing venipunctures and nonintravenous injections5) observing and reporting patient’s signs or symptoms.B. Administering basic first aid.C. Assisting with patient examinations or treatments.D. Operating office medical equipment.E. Collecting routine laboratory specimens as directed by the physician.F. Administering medication as directed by the physician.G. Performing basic laboratory procedures.H. Performing office procedures including all general administrative duties required by the physician.I. Performing dialysis procedures, including home dialysis.This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: February 2013 MEDICAL CARE FOR MINORS Traditionally, and by statute, parents are the natural guardians of their minor children. A minor is defined as a person who has not reached the age of eighteen and whose disabilities have not been removed by marriage or otherwise. Section 744.102(13), Florida Statutes. It is generally presumed that when children lack the capacity to make certain decisions, their parents, as their natural guardians, make those decisions for them. In general, parental consent is needed before a physician may examine or treat a minor. However, not all decisions are removed from the minor. The state of Florida has recognized this through the passage of several statutes that remove the disability of non-age under certain circumstances.For example, an unwed pregnant minor may consent to medical treatment relating to her pregnancy without the consent of her parents, and the medical records of such treatment are to be treated as the records of an adult. Section 743.065(1), Florida Statutes. An unwed minor mother may also consent to medical or surgical care or services for her child without the consent of her parents, and the medical records of such treatment are to be treated as the records of an adult. Section 743.065(2), Florida Statutes. Similar issues also arise in the case of sexually active minors who are at risk of becoming infected with sexually transmitted diseases.It is for this reason that the Florida Legislature enacted Section 384.30, Florida Statutes. This statute is meant to encourage minors to seek treatment for such conditions without the need for parental consent or the fear that the records of their treatment could be released to their parents. According to this statute, a physician "may examine and provide treatment for sexually transmissible diseases to any minor... [and the] consent of the parents or guardians of a minor is not a prerequisite for an examination or treatment. [Furthermore] the fact of consultation, examination, and treatment of a minor for a sexually transmissible disease is confidential and exempt from the provisions of s. 119.07(1) and shall not be divulged in any direct or indirect manner, such as sending a bill for services rendered to a parent or guardian, except as provided in s. 384.29 [i.e. unless consented to by a minor]."As a result of Section 384.30, Florida Statutes, physicians do not need to obtain the consent of parents or guardians before examining and treating a minor for a sexually transmissible disease. The physician must also be aware that bills for such services may not be sent to the parents, as this practice would constitute a violation of the minor's right to confidentiality.In addition to the above, Section 381.0051(4), Florida Statutes, provides that a physician may provide maternal health and contraceptive information and services of a nonsurgical nature (nonpermanent internal contraceptive devices are considered nonsurgical) to any minor, who:• Is married;• Is a parent;• Is pregnant;• Has the consent of a parent or legal guardian; or• May, in the opinion of the physician, suffer probable health hazards if such services are not provided.Section 743.064, Florida Statutes, allows a physician to provide emergency medical care or treatment to any minor who has been injured in an accident or who is suffering from an acute illness, disease, or condition if within a reasonable degree of medical certainty, delay in initiation or provision of emergency medical care or treatment would endanger the health or physical well-being of the minor, and provided such emergency medical care or treatment is administered in a hospital licensed by the state under Chapter 395 or in a college health service. This care can only be