In this episode of #HealthLawHotSpot, host Ericka Adler continues her discussion on the due diligence process associated with healthcare practice sales.  Joined by fellow Roetzel attorney Christina Kuta, they continue their conversation by encouraging listeners to have their compensation arrangements reviewed for regulatory compliance. Christina sheds light on the implications of non-compliant compensation arrangements, highlighting the potential repercussions that could affect a practice's sale. Ericka and Christina further discuss the importance of HIPAA compliance during the buy/sell process. Christina shares real-life scenarios and offers essential recommendations for practices striving to meet HIPAA standards. Listeners will learn about the necessity of a comprehensive HIPAA policies and procedures manual, the importance of annual employee training, and the establishment of efficient reporting mechanisms for HIPAA violations. They share examples of how improper marketing practices, misclassification of independent contractors and failing to consider requirements from multistate practice can impact practice sales.

In this episode of #HealthLawHotSpot, host Ericka Adler sits down with fellow healthcare attorney Christina Kuta to delve into the steps healthcare practices should take to prepare for the due diligence process associated with a practice sale. They explore the lack of preparation seen in many transactions and highlight why it’s essential for practices to review operational and compliance issues before hitting the market. Ericka and Christina further discuss the impact of compliance reviews on the value of a practice during the sale process and how addressing compliance issues prior to a sale can significantly reduce legal fees. They also discuss common billing issues that arise during due diligence, such as improper documentation and credentialing challenges, and stress the importance of hiring an outside independent auditor for a thorough billing audit. Further examined is the need to review practice compliance plans, detailing what should be included and why potential buyers will scrutinize these documents. Finally, Ericka and Christina take a closer look at the unique marketing challenges healthcare practices face and the critical importance of educating staff about compliance policies.

Join host Ericka Adler on this week’s episode of the #HealthLawHotSpot as she welcomes healthcare attorney Laura Lauth Andrews from Lauth O’Neill, LLC.  In this thought-provoking discussion, Ericka and Laura dive into the often-overlooked topic of physician recruitment agreements. Laura sheds light on what a recruitment agreement is and the requirements under the Stark Law that impact the agreement structure and whether a recruitment agreement may be legally offered. Together, they explore the various elements of recruitment agreements between hospitals, physicians and practices, and the type of support provided, such as compensation, bonuses, relocation expenses, and start-up funds.   They also talk about the burden on physicians to remain in the community for the forgiveness period or to bear the burden of repayment, and how groups often shift this liability entirely to the physician while benefiting from the finances of the arrangement. Listen in as Ericka and Laura share real-world examples of issues that arise in recruitment agreement situations and how physicians can limit their risk by asking the right questions and working with effective healthcare counsel. This episode serves as a critical resource for any physician considering a recruitment agreement.

On the #HealthLawHotSpot this week, host Ericka Adler sits down with Roetzel attorney Donna Hartl to explore some crucial year-end tax considerations as well as trending tax issues. Donna and Ericka discuss the importance of accurately categorizing your expenses, the potential for prepaying smaller costs like insurance and property taxes, and the critical path to qualifying for the employee retention credit (ERC) before the April 2025 deadline. With impending elections influencing tax policies, Donna emphasizes the need to stay vigilant about record-keeping, especially with the IRS ramping up audits for professionals. Donna also highlights the importance of having the “five Ws” in place for audit preparedness (Who, What, Where, When and Why) when it comes to receipts for entertainment and marketing, and ensuring you’re ready for the IRS’s scrutiny of home offices, travel expenses, and 1099 requirements. This episode is packed with practical tips and expert advice that can save you time, money, and stress as the year draws to a close. Don’t miss out on this opportunity to equip yourself with the knowledge you need for a successful tax season!

In this episode of the #HealthLawHotspot, host Ericka Adler welcomes Laura Goodman, Partner at FGMK, to explore the intricacies of setting up Management Services Organizations (MSOs) and Dental Service Organizations (DSOs). Tune in as they delve into the essential collaboration between your legal and financial teams to ensure a solid foundation for your arrangements. Laura shares valuable insights on the first financial steps to take when setting up MSOs and DSOs, the best structures on both the clinical and management sides to avoid over-complication, and the critical distinction between expenses that should be allocated to the clinical entity versus the MSO/DSO. They discuss how to determine a fair market value management fee to comply with state and federal laws and tax pitfalls/IRS challenges that practices may encounter if they do not follow the financial structure outlined in the MSO/DSO agreement.  Finally, Ericka and Laura talk about limiting expenses and regulatory issues when structuring MSO/DSO arrangements, and how the proper advice can save a client from an unfortunate outcome. Tune in for a compelling conversation that will equip you with the knowledge to navigate the complexities of healthcare management services.

In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with Matthew Godley, a seasoned cost reduction expert and CEO of Spendly. Together, they discuss the challenges faced by independent healthcare practices striving to remain autonomous in an increasingly complex industry. Ericka and Matthew discuss the struggles practices encounter, from soaring administrative expenses to navigating insurance and payroll challenges. Matthew shares insights on how Spendly was created to help practices to develop tailored strategies to lower operational costs, ensuring they can focus on patient care without reduced financial strain.    With real-world examples and case scenarios, this episode equips independent practitioners with actionable strategies to overcome financial hurdles and thrive in their independence. Tune in and discover how to take control of your practice’s financial future!

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.