Florida Healthcare Law Firm
Medical Staff Matters
We specialize in representing medical staffs. We empower medical staffs with knowledge and expertise in areas like medical staff bylaws, fair hearings, on call arrangements, fair hearings, conflicts of interest, disruptive physician policies, anti trust and EMTALA. In this era of growing financial relationships between physicians and hospital systems, it is exceptionally important for medical staffs to be independently represented and the interests of physician members to be protected.
We understand the unique relationship between hospitals and medical staffs and are committed to creating win-win scenarios whenever possible, while empowering medical staffs with knowledge and choices.
Perhaps no other group of professionals are as regulated by state and federal law as physicians. Even space and equipment rental arrangements are regulated. We know the complexity of laws like Anti Kickback, Stark, Fraud and Abuse, Fee Splitting, EMTALA and anti trust and routinely advise physicians on matters such as hospital based contracting, medical group formation, employment contracts, compensation models, lease arrangements, ambulatory surgery center development, hospital call arrangements, merging, buying or selling medical practices and shareholder issues.
Corporate Law and Employment Contracting
Our lawyers have significant experience drafting and interpreting contracts between healthcare businesses and professionals, including physician recruitment agreements, physician employment agreements, non-compete agreements, and exclusive provider agreements. We also have extensive experience with corporate founders, shareholders and operating agreements, buy-ins, compensation arrangements, practice sales and purchases. By drawing on the combined talents and experience of our attorneys, our clients will be aware of every important nuance of contracts and will comply with the requirements of state and federal fraud and abuse laws and other statutory and regulatory challenges unique to health care professional entities.
It is becoming increasingly important to be proactive in taking advantage of protections afforded by the antitrust laws to combat predatory and anticompetitive business practices that can interfere with a client’s ability to compete in a certain market. The Florida Healthcare Law Firm has an in-depth understanding of the economics, regulatory constraints, and business pressures which converge in the healthcare arena. In order to prevent allegations of price fixing or other government enforcement, particularly as it relates to IPA’s, group practices and joint ventures, it is essential to have a seasoned lawyer involved to analyze and advise on joint ventures in order to mitigate risk.
The Florida Healthcare Law Firm routinely assists clients in reviewing, negotiating and advising on hospital recruitment and retention arrangements, including development of policies and procedures, counseling, drafting and negotiating final documents.
The Emergency Medical Treatment and Active Labor Act (EMTALA) is a crucial compliance issue for physicians and hospitals. Increasingly, the federal government is scrutinizing providers of emergency medical services to determine compliance, and the current economic climate makes the issue even more pressing. Whether a client is in need of staff or an individual physician, we can structure business arrangements that comply with this complex area of the law.
ANTI-KICKBACK AND SELF-REFERRAL
The Florida Healthcare Law Firm regularly counsels clients on compliance with Federal and State anti-kickback statutes and provides in-depth guidance and analysis to healthcare providers on issues arising out of federal self-referral laws. Whether you require a brief explanation or a full-blown analysis and legal opinion, we will assist you in determining the most appropriate and effective manner in which to proceed.
Fee splitting is a common issue faced by providers in compensation situations, particularly in the presence of percentage-based fee arrangements. Violations of fee splitting statutes can create serious issues for all parties involved. The Florida Healthcare Law Firm can help to prevent you from becoming a victim.
FRAUD AND ABUSE
The Florida Healthcare Law Firm is a reliable resource for navigating you around the world of increasingly complex and ever-changing fraud and abuse laws. We structure and document transactions and design policies and procedures for compliance with the fraud and abuse rules and counsel clients on how to properly unwind transactions and ventures. Some of the things we can do include:
- Structuring complex business arrangements;
- Conducting internal investigations to determine whether violations are or have occurred and to assist clients with self-disclosures to the government, if necessary;
- Performing healthcare fraud and abuse due diligence reviews; and
- Advising manufacturers and vendors on compliance with group purchasing organization safe harbors as well as financial relationships with physicians.
We assist clients with the complex patient information privacy issues and technical security-related issues involved with the Health Insurance Portability and Accountability Act (HIPAA). Protecting patient data and deterring unauthorized access, use or disclosure is critical to prevent yourself from running afoul of the regulations. With the dawning of a new administration in Washington comes a significant increase in regulatory oversight. Be prepared with HIPAA Privacy and HIPAA Security Policies and Procedures which will stand up against such scrutiny. Make sure all of your business associate agreements are up-to-date and that you are not vulnerable to being assessed fees or, worse, that you will be put under a Corporate Integrity Agreement by the Office of Inspector General. We provide what you need, including detailed privacy and security forms, to maintain compliance with the intricate and demanding burdens of HIPAA.
Some services we have provided in the past involve on-site HIPAA education, training to boards of trustees, management, medical staffs and other personnel, policy and procedure assessment and development, business associate audits, minimum necessary assessments and HIPAA security audits. From analysis, to creation of policies and procedures, to implementation, to monitoring, to enforcement, to revision, we handle it all so that you don’t have to “roll the dice.”