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Legal and Compliance Mistakes Anesthesiology Practices Should Avoid

  • Writer: Nate Jones, CPCU, ARM, CLCS, AU
    Nate Jones, CPCU, ARM, CLCS, AU
  • Dec 23, 2025
  • 2 min read

Anesthesiology practices face unique legal and compliance challenges due to high-risk procedures, controlled substance prescribing, and strict hospital and payer regulations. Mistakes in these areas can lead to audits, fines, or malpractice claims. Understanding common pitfalls and implementing best practices is critical to protect your practice and maintain patient trust.


Anesthesiology

1. Incomplete or Inaccurate Licensing and Credentialing

Common Mistake:

  • Operating with expired or incomplete medical licenses

  • Failing to credential providers with hospitals, ASCs, or payers

Avoidance Strategy:

  • Regularly verify state licenses and DEA registrations

  • Maintain updated credentialing documentation for all providers


2. HIPAA and Patient Privacy Violations

Common Mistake:

  • Sharing patient information insecurely via email or unencrypted messaging

  • Inadequate training of staff on HIPAA regulations

Avoidance Strategy:

  • Use HIPAA-compliant EHR and communication platforms

  • Conduct annual HIPAA training and audits for all staff


3. Billing and Coding Errors

Common Mistake:

  • Using incorrect CPT or ASA codes

  • Missing documentation to support anesthesia time or procedure complexity

Avoidance Strategy:

  • Implement regular audits and staff training on coding updates

  • Use integrated EHR and billing software to minimize errors


4. Non-Compliance with Controlled Substance Regulations

Common Mistake:

  • Improper recordkeeping for medications

  • Failing to follow state or federal telehealth prescribing rules

Avoidance Strategy:

  • Maintain DEA logs and secure medication storage

  • Follow telehealth prescribing regulations for controlled substances


5. Employment and Staffing Compliance Issues

Common Mistake:

  • Misclassifying staff as independent contractors instead of employees

  • Not providing required workplace training or adhering to labor laws

Avoidance Strategy:

  • Understand employment classification rules and labor laws

  • Document training, HR policies, and employee agreements


6. Ignoring Risk Management and Insurance Needs

Common Mistake:

  • Operating without adequate liability coverage

  • Not including property insurance for office equipment and assets

Avoidance Strategy:


Final Thoughts

Anesthesiology practices operate in a high-risk, highly regulated environment. Avoiding common legal and compliance mistakes—like licensing lapses, HIPAA violations, coding errors, and insufficient insurance—is crucial for reducing liability, maintaining credibility, and ensuring sustainable operations. Establishing proactive compliance programs and regular audits will safeguard both patients and your practice.


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