The Role of Compliance in Healthcare Law: Protecting Patients and Providers
Compliance in healthcare law is essential for ensuring patient safety, minimizing legal risks, and maintaining the integrity of healthcare providers. Regulations from entities such as the Centers for Medicare & Medicaid Services (CMS) and the Food and Drug Administration (FDA) require strict adherence to protocols covering patient rights, HIPAA, billing practices, and healthcare facility accreditation. […]
Medical Practice Sales: Legal Risks and Compliance Strategies
For healthcare providers and practice owners, buying or selling a medical practice presents both opportunity and complexity. These transactions involve intricate legal and regulatory considerations, requiring careful planning to avoid financial losses, penalties, or reputational damage. Key legal concerns include the False Claims Act (FCA), Anti-Kickback Statute (AKS), Stark Law, HIPAA, and employment agreements. Unlike […]
Discover the Importance of Loan Covenants in Commercial Real Estate and Finance: Navigating Agreements Confidently
When entering into a loan agreement, whether for commercial real estate or finance, the inclusion of loan covenants is crucial. These terms can significantly impact both the borrower and the lender, shaping the structure of the loan and the obligations of each party. Understanding the importance of loan covenants and their implications is essential for […]
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The False Claims Act (FCA), originally enacted during the Civil War, is a federal law designed to combat fraud against the government.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 […]