Non-Disclosure Agreement
Secure your Florida rehab practice with an NDA. Protect functional assessments, HIPAA-protected PHI, and proprietary modalities under Fla. Stat. § 542.335.
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In the high-stakes Florida rehabilitation market, your proprietary treatment modalities, specialized range of motion protocols, and functional assessment data are valuable assets. Failing to secure... Read more
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In the high-stakes Florida rehabilitation market, your proprietary treatment modalities, specialized range of motion protocols, and functional assessment data are valuable assets. Failing to secure these with a robust Non-Disclosure Agreement exposes you to license revocation risks and insurance reimbursement disputes. This document is tailored for Florida physical therapy practice acts, ensuring that your trade secrets and HIPAA-protected health information (PHI) remain confidential when collaborating with independent contractors, healthcare facilities, or administrative staff, while remaining fully compliant with the Florida Deceptive and Unfair Trade Practices Act and Fla. Stat. § 542.335.
Beyond the standard non-disclosure agreement sections, this template adds fields specific to Physical Therapist:
The core legal purpose of a Non-Disclosure Agreement (NDA) is to establish a legal framework to protect confidential and proprietary information shared between parties. It restricts the unauthorized disclosure or use of such information, thereby enabling parties to collaborate, negotiate, or explore business opportunities while safeguarding sensitive information.
Improper billing or insurance fraud
Standardized billing protocols and regular audits to ensure compliance with insurance and Medicare billing procedures.
For this non-disclosure agreement to be legally valid:
Common mistakes to avoid:
Physical Therapy Practice Act
Each state has its own Physical Therapy Practice Act, which outlines the scope of practice, licensing requirements, and regulations specific to practicing physical therapists.
Enforced by State Physical Therapy Boards
Health Insurance Portability and Accountability Act (HIPAA)
Mandates the protection and confidential handling of protected health information (PHI) in healthcare settings, including physical therapy practices.
Enforced by U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
Medicare Compliance
Regulations concerning the billing and provision of rehabilitation services to Medicare beneficiaries, including adherence to documentation and reimbursement guidelines.
Enforced by Centers for Medicare & Medicaid Services (CMS)
Recommended coverage: Professional Liability Insurance (Errors and Omissions) · General Liability Insurance · Workers' Compensation Insurance · Property Insurance
This NDA supplements HIPAA mandates by protecting business-level trade secrets such as internal billing protocols, insurance reimbursement strategies, and proprietary rehabilitation software. While HIPAA protects PHI, this agreement ensures that non-patient data—like niche treatment modalities and referral network lists—remain protected under Florida's trade secret protections.
Yes, provided there is 'consideration.' Under Fla. Stat. § 725.01 and common law, mutual disclosure of sensitive clinical data or the opportunity to work within a specialized practice can constitute consideration. However, we recommend clearly defining the business interest being protected as per Fla. Stat. § 542.335.
This agreement includes a 'Remedies for Breach' clause. In Florida, this allow you to seek injunctive relief to stop the disclosure and pursue damages for loses—critical for preventing 'Improper Billing' liabilities and maintaining your status with Medicare (CMS) and private insurers.
State laws affect what must be in this document. Pick your jurisdiction.
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