Category: Uncategorized

Ideally, a practice sale or acquisition is smooth, easy, and without lingering issues. Unfortunately, that is rarely the case. It’s not unreasonable to think, anything that can go wrong, will go wrong (at some point). The best way to protect against these lingering issues is to ensure, as a seller, you’re as open and honest as possible, while as a buyer, you’re as thorough as possible and you have a purchase agreement that protects against these lingering or uncovered issues. Some examples include:

• A post-closing trademark dispute over the name of the practice which was not disclosed;
• Equipment that isn’t working (maybe it was propped up for a walk through, but then broke down);
• Employees getting raises right before closing;
• Solicitation or competition after closing;
• Finding discrepancies in billing practices;
• Employee disputes

Do your due diligence, like your life depends on it when you’re a buyer. And when you’re selling, it’s better to lay it all out then risk a lawsuit or claw-back after Closing.

Prepared by: Carlos Arce, Esq.

Florida Healthcare Law Firm

If you seek to receive reimbursement by insurance payors in Florida, either through federal programs (Medicare, Medicaid, and Tricare), or commercial insurance (including Personal Injury Protection and Bodily Injury), you will either need a Health Care Clinic License or qualify as exempt under one of the exemptions. The process of getting a Health Care Clinic License is tedious but not impossible if you meet the requirements.

Initial Application

The initial application stage requires multiple forms to be completed by the person or entity attempting to apply for the license. You must also complete a proof of financial ability to operate form that must be completed by a licensed certified public accountant. Moreover, you and any other individual who plans on sharing in the ownership of the entity seeking licensure must be able to pass a level 2 background check. Last, each application requires a $2,000 license fee at the start. The initial stage is typically filled with confusion if you’ve never submitted this application to the Agency for Health Care Administration (AHCA) and had it approved.

Omission Letter

Every application submitted to the AHCA receives an omission letter as a response to the application. This is AHCA’s way of alerting you that they have reviewed your application, and they will point out issues they see with your application. If you fail to complete and respond to this omission letter within 21 days, you forfeit your application and will lose your initial $2,000 license fee.

Survey

Health Care Clinic License is based per location where you plan to operate the health care clinic. Therefore, each location where the services are to be rendered must be inspected by the AHCA’s auditing team. The survey requires that you have all the required posting at the clinic as well as the documentation that the state requires you to have on file surrounding your licensure, and your medical director’s inspection requirements. If you pass the inspection, you will be verbally alerted, and you should receive the license between 2-4 weeks following the survey.

Additional Steps

If you plan on billing personal injury protection benefits, you will require an accreditation by one of the four accrediting agencies in Florida. This will allow you to bill personal injury protection benefits right away. Florida law states that you must wait 3 years prior to billing personal injury protection benefits to a carrier unless you meet the accrediting agency requirement or one of the other exceptions under Florida law.

Attorney Carlos H. Arce works with the Florida Healthcare Law Firm in Delray Beach, FL. He has deep experience with health law, business law, and mergers & acquisitions. Carlos has handled multi-million-dollar healthcare transactions and has served as out-of-house counsel to various small to large healthcare entities. He can be reached via email at [email protected] or by calling 561-455-7700.

By: Amanda Howard, Esq.

In the world of medicine, scientists and doctors are exploring the hidden powers of something often overlooked: umbilical cord blood (UCB). UCB is the blood found in a baby’s umbilical cord, and it’s turning heads in the medical community for its potentially remarkable abilities to heal and protect. But understanding its potential isn’t always easy. Let’s break it down.

Why UCB?

Think of UCB as a treasure trove of special cells that can help heal the body. UCB, rich in hematopoietic and nonhematopoietic stem/progenitor cells, offers a compelling alternative. Unlike other sources like bone marrow, UCB is easy to collect and doesn’t pose as many risks to donors. Plus, it’s less likely to carry harmful viruses. Doctors are excited about its potential to treat all sorts of diseases.

What’s UCB Comprised of and Why Do We Need to Expand UCB?

The cellular composition of UCB sets it apart from other sources, with a high proportion of immature stem/progenitor cells. These cells are like the body’s repair workers. They can turn into different types of cells, like those in your blood or even your brain. UCB also has fewer immune cells that might cause problems after a transplant, which is a big advantage.

One challenge with UCB is that there’s only a limited amount in each donation. While various expansion methods have shown promise, preserving the quality and function of stem/progenitor cells throughout the process remains a challenge. Scientists are figuring out how to grow more of these special cells outside the body. This way, we can have enough to treat more patients and make sure the treatment works well.

Excitement Over UCB

Researchers have been amazed by what UCB can do. It’s not just about helping with blood diseases anymore. UCB cells have shown they might be able to repair damaged brains and spinal cords too. This opens up a whole new world of possibilities for treating diseases and injuries. However, translating these findings into effective clinical treatments requires a deeper understanding of cell function and behavior.

What’s Happening Now and What Does the Road Ahead Look Like?

Right now, scientists are working hard to understand exactly how UCB works its magic. They’re studying how it helps the body heal, especially in conditions like stroke and spinal cord injuries. UCB therapy has shown promise in modulating inflammatory responses, promoting tissue regeneration and protecting against neuronal death. By understanding this better, treatments can be made safer and more effective for everyone.

Legal Considerations for Healthcare Providers and Recipients

One of the foremost responsibilities of healthcare providers is to ensure that patients fully understand the nature of the treatments being offered, especially when those treatments are experimental or non-FDA approved. This includes explaining the potential risks and uncertainties associated with these treatments, as well as alternative options that may be available. UCB therapies, while promising, may still be considered investigational in many cases, meaning they haven’t undergone the rigorous testing required for widespread approval. Providers should both verbally inform the patient of the potential benefits, risks and alternatives and obtain written informed consent from the patient that they understand such benefits, risks and alternatives and they are choosing to move forward with UCB treatment.

Even though there’s still a lot to learn, the future looks bright for UCB. As scientists uncover more of its secrets, we’ll likely see even more breakthroughs in medicine. So, the next time you hear about UCB, remember—it’s not just blood; it’s a source of hope for a healthier future. It may just be the superhero inside each of us, quietly waiting to save the day when we need it most.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.

By: Amanda Howard, Esq.

Preparing to purchase a dental practice can feel overwhelming. Having the right team around you protects your interests and having an idea of what you can expect during the process, ensures a smooth transaction.

Legal: Depending on the state and the players involved, a buyer can purchase the stock or assets of a dental practice. However, acquiring a dental practice typically involves purchasing its assets rather than the corporation itself. Either way, the buyer assumes significant financial and legal risks. Well-drafted legal documents, including the letter of intent (LOI) and purchase agreement are essential. A purchase agreement should include the purchase price, including rollover equity and holdback funds, robust representations and warranties by the seller, a detailed lists of included and excluded assets, restrictive covenants to prevent the seller from competing with you in the future, and disclosure of known and potential liabilities. Some transactions may necessitate seller financing, requiring documents like promissory notes and security agreements. Additional documents might be required as the deal progresses, such as assignments of rights for licenses and payor contracts. The final document, the bill of sale, serves as a receipt for the buyer, confirming the asset sale.

Financing: While self-financing is an option, many buyers rely on banks, family, or lenders specializing in dental practices. When securing financing, it’s crucial to partner with a lender well-versed in the dental industry. Specialized lenders often provide favorable terms that you could not find elsewhere in the marketplace. In addition, they offer expertise tailored to dental practice acquisitions.

Real Estate: In asset acquisitions, the buyer often assumes the seller’s space, necessitating drafting and approval of lease assignment or negotiation of a new lease with the landlord. In some cases, the seller may own the property involved. It’s generally always a good idea to require that the property be part of the transaction.

Due Diligence:  During the due diligence process, the buyer needs to meticulously examine the dental practice’s financial, operational and legal aspects to ensure they fully understand what they’re acquiring. This involves reviewing financial statements, patient records, lease agreements, equipment inventories, and any outstanding liabilities. A buyer will also want to assess the practice’s reputation, market position and growth potential. Due diligence is crucial as it helps the buyer identify any potential risks or issues that could impact the transaction or the future success of the practice. By conducting thorough due diligence, buyers can make informed decisions and mitigate potential risks, ensuring a smoother transition into practice ownership.

Purchasing a dental practice requires meticulous planning and expertise across various domains. By enlisting the support of professionals experienced in dental practice acquisitions, buyers can navigate the complexities of the process confidently and ensure a successful transition into practice ownership.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.

By: Amanda Howard, Esq.

Patient disputes can arise in any dental practice, posing challenges for both practitioners and patients alike. Handling these disputes effectively is crucial for maintaining trust reputation, and patient satisfaction. In this article, we’ll explore common types of patient disputes encountered in dental practices and provide guidance on addressing them from a legal standpoint while maintaining professional integrity and compliance with legal obligations.

Patient disputes can stem from various sources, including:

1. Billing and Payment Issues: Disputes may arise over billing errors, insurance claims or disagreements regarding fees and payment arrangements.
2. Treatment Outcomes: Patients may express dissatisfaction with the results of a procedure or perceive that their treatment did not meet their expectations.
3. Communication Breakdowns: Misunderstandings or miscommunications between the dentist and the patient regarding treatment plans, expectations or post-procedure care can lead to disputes.
4. Service Quality: Patients may raise concerns about the quality of care received, including issues such as wait times, cleanliness or staff conduct.

Tips for Addressing Patient Disputes

1. Listen Actively But Avoid Admitting Fault: When a patient expresses a concern or complaint, listen attentively. Allow them to fully explain their perspective, demonstrating that their concerns are being taken seriously. However, before a thorough investigation is conducted, avoid communications with patients that admit fault or making statements that could be construed as an admission of liability.
2. Conduct Thorough Investigations: Conduct comprehensive investigations into patient complaints, gathering relevant evidence and documentation to provide to your attorney so that they may ascertain the facts and assess potential legal liabilities.
3. Adhere to Legal Obligations: Comply with legal obligations governing patient rights, confidentiality, informed consent and professional conduct throughout the dispute resolution process.
4. Document Everything: Keep detailed records of all communications, investigations, and resolutions related to the patient dispute. Accurate documentation is essential for protecting the practice’s interests and ensuring compliance with regulatory requirements.
5. Seek Resolution Collaboratively: Work collaboratively with the patient to find a mutually satisfactory resolution to the dispute. This may involve offering a refund or discount, providing additional treatment or corrective measures, or simply apologizing and reassuring the patient of your commitment to their satisfaction.

Dealing with patient disputes is an inevitable aspect of running a dental practice, but how these disputes are handled can significantly impact the practice’s reputation and patient satisfaction. Additionally, taking proactive steps to prevent future disputes can help ensure a positive patient experience and foster long-term practice success.

Get Help

As a boutique law firm dedicated to supporting the healthcare community, our goal is to ensure our clients are protected. Please contact us at Florida Healthcare Law Firm to set up a consultation today.

Prepared by: Carlos Arce, Esq.

Florida Healthcare Law Firm

Looking for a healthcare business opportunity but don’t want to deal with insurance? Look no further than MedSpas! MedSpas offer a variety of non-medically necessary healthcare services such as Botox, IV hydration therapy, facial procedures, hormone therapy, weight loss, and rejuvenation or anti-aging therapy. These services require a healthcare provider to render them, in accordance with the provider’s scope of practice. While these services may not be reimbursed by insurance, they can be paid for directly by the patient receiving them, making for an excellent cash-based business.

Starting a MedSpa is a similar legal process as any business, but there are important specific considerations to keep in mind before diving in. First and foremost, it’s crucial to determine what services the medspa plans on offering and how the business will charge for them. Additionally, it’s important to consider the age group of target patients, since their insurance will help determine what the right insurance policies are for the business. Lastly, keep in mind that local licensing requirements often vary depending on the types of services offered.

While MedSpa owners do not need to be licensed healthcare providers, it’s important to understand the regulations to operate a medspa business within the law. One reason the state of Florida allows this is because MedSpas do not reimburse claims from insurance, therefore, they are not required to have an Agency for Health Care Administration (AHCA) license. Under Florida law, licensed healthcare providers are required to diagnose patients prior to receiving services. This step is crucial in ensuring compliance with applicable laws and protecting patients when considering opening a medspa business.

Even though the state of Florida doesn’t require a special license for MedSpas, they are still considered medical practices and must comply with certain regulations. This includes patient privacy laws, proper record-keeping procedures, and maintaining licensure for all healthcare providers. It’s also important to note that Florida has specific laws regarding fraud and abuse, including illegal referral payments and fee splitting. Stay compliant and ensure the safety of your patients by following these regulations before diving in to medspa business ownership.

Attorney Carlos H. Arce works with the Florida Healthcare Law Firm in Delray Beach, FL. He has deep experience with health law, business law, and mergers & acquisitions. Carlos has handled multi-million-dollar healthcare transactions and has served as out-of-house counsel to various small to large healthcare entities. He can be reached via email at [email protected] or by calling 561-455-7700.

You’ve reached the point where you’re ready to sell your veterinarian practice and move into a different role in your professional career. But how do you evaluate offers from various buyers, including a private equity buyer?

Here are a few key questions to ask before you sign a letter of intent to sell your practice:

• Is there a financial holdback? If so, what are the terms?
  • Many buyers will expect to hold back a percentage of the purchase price for various reasons. Most commonly, its to ensure that the seller performs the conditions of the transition or that the seller has been accurate and truth in regards to the representations and warranties made regarding the practice. its important to understand how you fulfill the terms to receive the full purchase price.
• Will another doctor be brought in to support the transition?
  • If you’re ready to retire, you are going to want to know the plan to get you there. As a seller, you’ll be the key person to bridge the gap from your ownership to a new owner and ultimately, you’re the key and sole provider too. Its key to know the plan for bringing in (and choosing) a new dentist to take over the patient care as you transition out.
• Can you speak with other veterinarians that have previously sold to this buyer?
  • If a buyer has made multiple acquisitions wherein the seller has remained on board for some time, they should provide some contact information for other sellers that you can speak to and ask questions. There is no better way to gauge if this is the right opportunity for you than to speak with others that previously sold.
• What is the value of the rollover equity, and how is it valued?
• What happens to key employees and associates?
• How long do you have to work before your rollover equity is vested?

The list goes on, but early on, these questions can frame the structure of the deal and post-Closing life for you.

Understanding the distinction between W2 employees and 1099 independent contractors is vital for both businesses and workers alike. As a general matter, employees typically work under the direction and control of an employer, while independent contractors have more autonomy over their work. This among numerous additional considerations affects various aspects of the relationship, including tax obligations, benefits, and legal protections. One critical impacted of this classification is the healthcare compliance analysis for payment structures. This analysis is important for both businesses and workers to ensure that payment structures adhere to the applicable regulatory standards that govern a specific classification. Navigating relationships in healthcare not only demonstrates a commitment to the well-being of workers, regardless of their employment classification, but may avoid potential legal and taxation penalties, lawsuits, and reputational damage for businesses and workers alike. Therefore, it’s important to thoroughly talk through this analysis with an experienced healthcare lawyer to mitigate risks not only out of employment and taxation concerns, but from a healthcare compliance perspective as well.

Intravenous (IV) hydration therapy has gained popularity in recent years as a quick and effective method to rehydrate and rejuvenate the body. Therefore, we are seeing an extreme uptick in the amount of new and existing healthcare businesses who have provided for such treatments in their menus of services. Amidst its benefits, it’s crucial to emphasize the significance of informed consent in this practice. Informed consent ensures that patients are fully aware of the procedure, its potential risks, and benefits before proceeding with a given provider of services. This transparency not only fosters trust between healthcare providers and patients and empowers individuals to make educated decisions about their health, but also protect healthcare providers from professional liability in many ways. By prioritizing legal compliance with informed consent in the IV hydration industry, healthcare professionals may rest assured that their patients and businesses are protected.

Oftentimes healthcare businesses prioritize healthcare clinic related licenses, without first obtaining basic business licenses, or business tax receipts. For entrepreneurs venturing into the realm of opening a new healthcare related business, acquiring the necessary business licenses is paramount, just as much as acquiring the appropriate healthcare facility license may be. Whether you’re starting a brick-and-mortar establishment or opening a mobile or telehealth business, each county and local municipality has its specific requirements for particular business models. Neglecting to research and obtain the appropriate licenses could lead to serious repercussions, including the potential for immediate shutdowns. Therefore, it’s essential to thoroughly research and comply with all local licensing regulations in addition to the larger requirements at a state level, to maintain the legitimacy and continuity of your business operations. Doing so will not only avoid penalties but will build your business’ trust and credibility within its community.