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Forward Looking: How to Prepare for 2021

November 24th, 2020 by

fhlfhealthcarebusinesslawBy: Chase Howard

With 2020 coming to a close, and COVID-19 still very much a concern for businesses, there are a number of things for healthcare businesses and practices to consider before the New Year.

Here’s a list of items to review:

read more

This Florida Healthcare Law Firm Can Spare You from Legal Headaches

November 23rd, 2020 by

Florida Healthcare Law FirmFor physicians who are overwhelmed with legal issues this year, the outstanding attorneys at florid healthcare law firm will simplify even the most complex issues and spare you from unnecessary stress and financial burden.

Let’s face it…2020 has been a year of unprecedented challenges. The pandemic has shone a spotlight on the overwhelming medical-related issues faced by hospitals, physicians, dentists, practices and facilities throughout the country. Every decision you make as a medical professional now has additional ramifications. The consequences are daunting. Don’t waste precious time and money trying to navigate this field of legal headaches alone. At Florida Healthcare Law Firm we can guide you, advise you and ensure that all of your legal matters are handled with expert care. Why? The answer is simple: We don’t dabble in medical legal matters; we specialize in them. With more than 150 years’ collective experience, our expert team is ready to help with every type of medical-related business. From Covid-19 legalities, telemedicine and telehealth—which are hot issues right now—to managed care contracts, treatment center start-ups, selling or buying a practice, defense against a ZPIC audit, hiring and firing or interpretation of standard policies and procedures, we’re there for you every step of the way.

When you meet with a Florida Healthcare Law attorney, you’re guaranteed the best in the business—custom consultations with you, the client, in mind. After all, we’re the state’s first and only boutique legal business, so you get the service you want. We’ve helped small practices, $90 mammoth facilities, urban centers, rural hospitals, pharmacies, laboratories, durable medical equipment companies and ambulatory surgical centers. We’ve successfully negotiated financial raises and taken care of licensure, certification and accreditation issues. Why use up your time better spent with patients when you can schedule a complimentary appointment with our seasoned legal team and discuss your needs? You have nothing to lose and everything to gain, especially with our flat-fee pricing and a money-back guarantee. Lower your legal stress level this year; it’s one positive thing you can do to manage your medical business during this difficult time. Contact the professionals at Florida Healthcare Law Firm today.

Strategies for Successful Implementation of Mandatory Vaccine Policy for Your Workforce (Part 1)

November 1st, 2020 by

fhlf mandatory vaccine for covidBy: Karen Davila

Can an employer require employees to be vaccinated against influenza?  And, a COVID-19 vaccine likely will be approved in the not-to-distant future.  What about that vaccine when it becomes available?  These are questions with which many organizations are grappling today.  With the confluence of what is expected to be a very active influenza season and the ongoing and unprecedented COVID-19 pandemic, employers are contemplating how best to protect their workforce and clients/customers/patients.

One of the most effective ways to achieve this is a mandatory vaccine policy, but is that right for your organization?  Mandatory vaccination programs are not new.  Depending on your business, a mandatory vaccine policy may be the industry norm.  What factors should you consider?  What processes would you need to develop to address exceptions?

CAN YOUR BUSINESS MANDATE VACCINATIONS?

In general the answer is yes.  Although federal and state laws may vary, such programs are permissible provided any mandatory vaccination policy incorporates processes to address the required exceptions: medical accommodations under the Americans with Disabilities Act (ADA); and religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII). read more

DOJ Makes Third Revision to its Compliance Guidance in as Many Years

July 6th, 2020 by

corporate healthcare complianceBy: Jacqueline Bain

In the beginning of June, 2020, the Department of Justice (“DOJ”) revised its Evaluation of Corporate Compliance Programs Guidance Document. The Document is designed to assist prosecutors in making informed decisions as to whether, and to what extent, the company’s compliance program is effective for purposes of determining, when a compliance violation has occurred, the appropriate form of any resolution or prosecution and monetary penalty. It also guides a prosecutor as to the company’s compliance obligations contained in any criminal resolution. The Document has been revised on three occasions since 2017, telegraphing the DOJ’s intent to prosecute those businesses without compliance plans, or without effective compliance plans, more harshly than those taking steps to identify and remedy risks. 

A healthcare business’ failure to have in place a compliance program designed to detect and respond to potential fraud and security risks places it at a serious risk of civil and criminal liability. When a compliance issue is investigated, charged and resolved, DOJ prosecutors are instructed to consider whether the business has invested in and improved its corporate compliance program and internal controls systems. They must also determine whether those improvements have been tested to demonstrate that they would prevent or detect similar misconduct in the future. According to the DOJ, there are three fundamental questions that a prosecutor should ask when determining whether a business’ compliance plan is sound:  read more

What’s Missing From Your Physician Employment Contract?

September 26th, 2019 by

physician employment contractBy: Chase Howard

The average physician employment contract exceeds twenty pages, not including exhibits. While they all include basic terms related to compensation, length and restrictions, many simply do not contemplate important terms that have serious impacts on physician’s daily lives. A physician’s first employment contract is the most significant financial decision of their lifetime. The same can be said for each subsequent contract, which means that understanding, and negotiating, your contract is the most valuable investment you can make prior to entering into a contract.

To understand what’s in your employment contract, simply read it over a few times. To understand not only how those terms affect you, but also what isn’t in your contract, hire an experienced health care lawyer. read more

Medical Practices & MedSpa Startups: Corporate Considerations

August 27th, 2019 by

medspa startupsBy: Chase Howard

Deciding you want to open your own medspa or start a medical practice is the first and most important step in creating something unique and building a brand. Understanding how to properly “start” that business from a legal perspective, and doing so correctly can be the difference between success and failure.

As a physician in a private, solo-practice, or the business owner of a medspa startup, proper strategy is key. Understanding your corporate structure, developing a business plan, and compliance with the laws will help eliminate pesky obstacles that will slow your growth.

When working with start-ups the following steps should be given plenty of time and attention. read more

Selling a Medical Practice: Business Broker Listing Agreement Basics

August 20th, 2019 by

Business Broker Listing AgreementBy: Amanda Bhikhari

Many physician groups and health care companies will enter the market at some point to sell their business. In the rare case, the selling group will already have a buyer who is ready and willing to pay and close on the business sale. More often than not however, most sellers will utilize the services of a business broker to help find a suitable buyer, and will compensate the broker on a commission basis upon closing.  Unlike real estate closings, whereby the main concern is the title of the property being conveyed, medical practice sales require much more detailed representation on all aspects of the business, including but not limited to, real property, existing contracts, existing patients, and medical equipment.

Before signing a business broker listing agreement, ensure that the following points are considered to avoid potential pitfalls: read more

Complicated Relationships: Medical Director Contract, Marketing Agreement, Healthcare Consulting

May 16th, 2018 by

medical director contractBy: Jacqueline Bain

Healthcare providers often have more than one relationship with each other. For instance, a physician may be employed by a hospital and also provide that hospital with medical director services. Or a healthcare consultant may also be a healthcare provider’s landlord. Oftentimes, these types of relationships are each memorialized in one or several contracts between the parties. And while, on their face, these contracts may seem to be compliant with applicable healthcare laws, when examined together, compliance and other contract issues may arise. read more

Starting Healthcare Business: What to Consider

August 1st, 2017 by

By: Jeff Cohen

As a healthcare business lawyer, I’ve seen nearly everything entrepreneurs think might be a good idea.  They usually come to me when starting a healthcare business with questions like:

  1. Do you like an LLC better than an Inc., and if so why;
  2. Does the Stark Law (or the Anti-Kickback Statute) allow us to do this?;
  3. Is it ok to allocate ownership and profit distribution differently?;
  4. Will insurers pay for this?; and
  5. WWMT?  (What Would Medicare Think?).

These are great questions.  And they’re off base.  In fact, they’re not only off base. They’re also out of order.  Here’s one for you– read more

Healthcare Business Operations: LLCs Get Back to Basics

June 15th, 2017 by

By: Shobha Lizaso

When considering optimization of healthcare business operations it is important to remember Limited Liability Companies are fundamentally just partnerships with added liability protection. The LLC structure offers liability protection called charging order protection, which prevents your (or your partners’) personal creditors from seizing your business or its assets to settle personal debts. Since LLCs were designed to be partnerships, you are expected to adhere to some basic partnership rules – most importantly, you should have partners. Running an LLC with no partners opens you up to liability. read more