The Many Facets of Healthcare Buy-in Transactions
Navigating the legal aspects of a physician buy-in agreement is a critical step for physicians looking to invest in a medical practice or become a shareholder in a healthcare organization. The process is intricate and involves numerous legal, financial, and operational considerations that, if not carefully addressed, can lead to misunderstandings or financial losses. In […]
The Impact of the False Claims Act on Physician Billing Practices
The False Claims Act (FCA), originally enacted during the Civil War, is a federal law designed to combat fraud against the government. It allows the government to recover losses caused by fraudulent claims and includes provisions for whistleblowers to bring cases on behalf of the government through qui tam actions. The FCA is especially significant […]
Understanding CAM Charges in a Commercial Lease
If you’re leasing commercial space, whether as a tenant or a landlord, understanding Common Area Maintenance (CAM) charges is crucial. CAM fees can significantly impact the overall cost of a lease and are often a source of confusion and potential disputes. This blog will break down the essentials of CAM charges—what they are, how they’re […]
The Rise of Management Services Organizations (MSOs): Essential Insights for Physicians and Practice Owners
In recent years, Management Services Organizations (MSOs) have emerged as a popular model for healthcare practices seeking to streamline nonclinical operations. By delegating administrative and operational tasks, MSOs allow physicians to concentrate on delivering quality care. However, as with any significant industry shift, the rise of MSOs presents both opportunities and challenges that physicians and […]
What to Include in a Physician Shareholder Agreement: A Critical Guide for Practice Owners
Imagine Dr. Miller, a distinguished orthopedic surgeon, and the founding partner of a flourishing medical practice, celebrating the addition of Dr. Gomez, a third shareholder. The excitement surrounding this new partnership, however, quickly gives way to tensions as disagreements emerge over decision-making processes, compensation structures, and divergent visions for the practice’s future. What was once […]
How to Mitigate Risks in Healthcare Employment Contracts
Healthcare employment contracts are foundational documents that define the relationship between healthcare providers and their employers. Given the intricate and highly regulated nature of the healthcare industry, these contracts often contain provisions that could expose both parties to significant risks. It’s crucial to understand these risks and take proactive steps to mitigate them. Here’s how […]
Healthcare Data Privacy: Best Practices for Protecting Patient Information
In an increasingly digital world, the protection of patient information has become a critical issue within the healthcare industry. As healthcare providers adopt electronic health records (EHRs) and other digital tools, the responsibility to safeguard sensitive data has never been more crucial. Not only does this responsibility entail preserving patient trust, but it also involves […]
The Essential Role of Letters of Intent in Healthcare Transactions
When it comes to healthcare transactions, it can feel like navigating a maze of complex regulations, negotiations, and ever-changing legal landscapes. Whether you’re acquiring a new practice, merging with a larger organization, or simply transitioning ownership, there’s an essential tool that lays the groundwork for successful transactions: the Letter of Intent (LOI). A Letter of […]
Navigating Stark Law and Anti-Kickback Statute: Understanding Complex Laws and Safe Harbors
Adherence to federal regulations is paramount in healthcare to uphold ethical standards and avoid legal pitfalls, with two critical statutes being the Stark Law and the Anti-Kickback Statute (AKS). Both laws are designed to prevent fraud and abuse in healthcare transactions, but the AKS includes exemptions and safe harbors that offer protections for certain arrangements […]
Navigating Insurance Complexities for Cannabis Operators
Similar to standard businesses such as real estate brokerages, transportation companies, and payment processors, plant-touching businesses like growers, processors, and dispensaries in the cannabis industry require comprehensive insurance coverage. Despite the rapid expansion of the cannabis sector within the U.S. economy, driven by increasing state legalization for both medicinal and recreational use, the insurance industry […]