Roetzel Healthcare Hotspot

In this episode of #HealthLawHotSpot, host Ericka Adler sits down with her longtime collaborator, Lucy Zielinski, a partner at Lumina Health Partners, to tackle one of the most significant decisions a physician can make: starting an independent practice. With years of experience guiding physicians through the intricacies of practice formation, Lucy shares invaluable insight into the planning and operational steps necessary for success. Discover the importance of starting the planning process 6-12 months in advance, choosing the right location, and forming your business entity. Lucy also highlights the critical aspects of credentialing, billing, and collections, emphasizing the need for effective systems and partnerships with knowledgeable professionals. From recruiting the right staff to understanding the role of HR, this episode covers it all. As they navigate challenges like cybersecurity and compliance, Lucy shares advice on how to safeguard your practice and the importance of regular audits to ensure proper coding and billing practices. Finally, the conversation shifts to the impact of social media on modern practices, highlighting the importance of a solid marketing plan and strategic planning to create a practice brand that will succeed.

In this episode of #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta to discuss the latest developments in the FTC’s attempt to ban non-competition provisions.  Ericka and Christina examine new developments since the previous episode, including a Texas court issuing an injunction preventing the FTC rule from going into effect nationally and the current circuit split that may postpone a final decision. They discuss how to treat non-competition provisions moving forward,  emphasizing the necessity of understanding state-specific legislation and mandates. Additionally, they provide guidance for employers who have not yet incorporated a non-competition clause within their employment agreements and review key considerations for non-compete clauses, highlighting essential elements that should be included in these provisions.

This week on the #HealthLawHotSpot, host Ericka Adler welcomes special guest Mark Henderson Leary, a Certified EOS Implementer® at EOS Worldwide. Mark dives deep into the common issues faced by private healthcare practice owners who may need assistance to take their practice to the next level. Mark explains that he works with all types of practices, from those struggling with profitability, to those with a need for better organization, systems, and quality employees. Ericka and Mark discuss a common challenge they see in the industry, where the entire success and operation of the health care business is tied to a main practitioner, who is not only the greatest source of income to the practice, but also serves in every key role within the practice. This can lead to a limitation on practice growth, practitioner burn-out and, eventually,  a desire to sell the practice. Mark discusses the process of helping a practice turn things around for the better, both from a business and personal perspective, and shares his vision for the future of private healthcare.

In this episode of #HealthLawHotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to delve into an urgent issue that could impact employers nationwide—the upcoming FTC restrictive covenant rule. With the enforcement date looming less than 30 days away, and no clear court ruling delaying enforcement, employers must prepare now for the rule to go into effect. Ericka and Christina discuss the critical steps employers must take to prepare for compliance, including the necessity of providing clear notice to all employees affected by restrictive covenants and the importance of consulting legal counsel so that the notices are flexible enough to reflect legal changes. As legal challenges to the rule mount across the country, Christina sheds light on the potential ramifications of these cases and what businesses can anticipate moving forward. Don’t wait until the last minute—tune in below to learn how to navigate these changes.

In this week’s episode of the #HealthLaw HotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to tackle a pressing issue in the medical field: the controversial practice of self-prescribing and prescribing to family and friends. Are physicians allowed to treat those closest to them? The answer isn't straightforward and varies by state law and licensing regulations, which often discourage these practices. Join us as we delve into the repercussions of self-prescribing, including the ethical dilemmas that arise and the potential consequences. Christina shares insights on the expectations family and friends may have, the importance of maintaining medical records, following medical guidelines, and how violations can lead to investigations that threaten a provider’s license and career. With a focus on compliance, education, and alternative solutions, this episode is a crucial listen for healthcare professionals who want to navigate the complexities of treating and prescribing themselves, friends and family.

Join host Ericka Adler in this episode of #HealthLawHotSpot as she discusses important considerations for physicians who are nearing the end of their relationship with a hospital, private equity firm, or other buyer after selling their practice. Discover the key questions you need to consider as you prepare to part ways, including the importance of reviewing and understanding the deal documents and navigating the complexities of non-compete agreements in both the sale and employment agreements. Gain insights into managing ongoing obligations, the impact on malpractice coverage upon departure, and the nuances of rollover units and associated non-competes. Learn about the intricacies of taking employees with you, potential buyback scenarios, and ensuring you have the right legal, accounting, and financial support to safeguard your interests and financial well-being. Tune in to ensure you're equipped to navigate this crucial phase in your professional career with confidence and clarity.

Join host Ericka Adler and Roetzel attorney David Hochman on this episode of #HealthLawHotSpot as they dive into the topic of buy and sell agreements between shareholders/members and the impact of the recent United States Supreme Court decision in Connelly v. United States.  David sheds light on the case details and the unexpected outcome that ensued. He also explores the importance of appraisals in structuring buy/sell agreements and why establishing a separate partnership or trust to own insurance policies on the lives of shareholders/members can be beneficial.  David also shares insight on evaluating your buy/sell agreements funded with life insurance and ensuring the formulas remain relevant.  Finally, David and Ericka discuss the significance of ongoing communication with financial and legal advisors to keep corporate agreements updated and consistent with business objectives.

Join host Ericka Adler on the #HealthLawHotSpot as she welcomes special guest Rajesh Voddiraju, founder of Stitch PEO. Their discussion focuses on the challenges that healthcare practices face to maintain independence when faced with the burden and expense of handling HR issues, benefits, and similar challenges while trying to run a successful business. Rajesh speaks to his experience in the healthcare industry and how his company was specifically created to help practices stay independent at a time when many are selling to hospitals, private equity and other buyers in order to find much needed relief from administrative and HR tasks.  Rajesh explains how companies like Stitch PEO can offer practices a means to remain independent by managing benefits, compliance, payroll services, workforce management, and similar services based on individual practice needs.  

Join #HealthLawHotSpot host Ericka Adler as she sits down with special guest David Adler from the Adler Law Group to discuss choosing a memorable and protectable name for your healthcare practice. In this episode, they dive into the considerations when selecting a practice name, including the importance of finding a distinctive and memorable name, as well as how to protect your branding through trademark clearance searches and legal assistance. The episode also sheds light on common issues faced by small businesses in receiving cease-and-desist letters and offers valuable insights on navigating trademark-related challenges. Tune in to discover why investing in trademark rights early on can save you time and money in the long run.

Host Ericka Adler welcomes Roetzel attorney Christina Kuta to the #HealthLawHotSpot this week to discuss the most frequently asked questions from clients about non-competes and the impact of the new FTC rule. Christina explains the key provisions of the new FTC rule and how it will change the landscape for non-competes moving forward. She also discusses the uncertainty surrounding the rule's implementation and the likelihood of it going into effect. Ericka and Christina dive into the enforceability of non-competes in different states and the legal challenges surrounding the new rule, as well as advise healthcare professionals to carefully consider non-competes before signing. Finally, they provide guidance for healthcare professionals on how to handle non-competes currently in place and discusses the implications of the new rule for business transactions.