How Autonomous Practice Is The Biggest Business Opportunity for 2021

fhlf nurse practitioner law

fhlf nurse practitioner lawBy: Chase Howard

With the passage of autonomous practice ability for nurse practitioners in Florida this year, many are wondering how this will affect the healthcare industry in Florida. In a traditional sense, rural and underserved areas should have the opportunity for growth in healthcare providers. The autonomous practice law removes restrictions on certain nurse practitioners, granting them the ability to practice in primary care practice settings without worrying about supervision restrictions. Outside of that, the application of the new law can expand healthcare business offerings and abilities. Continue reading

Recap: Dental Employment Contracts

fhlf dental law

fhlf dental lawBy: Chase Howard

Many young dental professionals are presented with the opportunity to join a practice after graduation. Making an informed decision and negotiating a fair contract can be difficult but will ultimately pay dividends for years to come. Here are some items to consider when reviewing and negotiating your employment contract.Continue reading

What to Do When The Government Comes Knocking

business meeting between healthcare professionals and goverment

business meeting between healthcare professionals and govermentBy: Karen Davila

You do everything right.  You’re careful to dot your i’s and cross your t’s.  Compliance is hard-wired because you’re in an industry that’s highly regulated and you’ve built into your operations a series of compliance checks and balances.  However, even with strong controls in place, compliance efforts sometimes fall short– and whether you’re a physician group, a pharmacy, a durable medical equipment company, a home health agency, or any other health care provider, someday you might find yourself face-to-face with law enforcement officials or regulatory enforcement authorities.  What do you do?  How do you assure the most successful outcome with minimal business disruption?

Compliance is the foundation to mitigating the risks inherent in any health care operation.  Compliance can reduce the likelihood that regulators or law enforcement suddenly appear on your doorstep.  But preparation for emergencies and uncertainties is the key to reducing the risk that non-compliance leads to lengthy business interruption.  Although you may be saying “if”, you really should be thinking and acting more like “when”.  It costs everything to be ill-prepared and it costs very little to be well-prepared.  The following preparation can prevent much of the uncertainty that arises in these cases.

POLICIES AND PROCEDURES

First and foremost, make sure you have well-developed policies and procedures for what to do in such instances.  You should review these policies and procedures with your employees regularly, focusing on the importance of compliance.  Out of fear and uncertainty, employees can do things that create unnecessary challenges.  Educating them as to what their rights and responsibilities are will mitigate those risks.  Make sure your policies and procedures include the designation of who is in charge (“person in charge”) when the government does show up.Continue reading

When Does a Gift Become a Kickback?

gift or kickback

There’s a fine line between gifts and kickbacks within the healthcare setting. Read about the differences and how to properly plan your healthcare marketing in your business.

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Prepping Your Dental Practice for Sale

dental practice sales transaction

dental practice sales transactionBy: Chase Howard

Thinking About Selling Your Practice? Preparation is key and the difference between a successful sale and seller’s regret.

Step 1: Call Your Financial Planner

  • Be sure that you can afford to leave the business
  • Most buyers will require a comprehensive non-compete and you should be certain that you are financially prepared to retire, sell, or move before signing any restrictions.
  • You will also want to ensure that you are planning for the income you are about to receive. Are there vehicles in place or options that are best to ensure the purchase price is put to its best use for you.
  • Consider post sale options if not retirement – are you going to be employed by the buyer? Are you selling to an associate and will phase out? Are you just moving and will need to find new employment/open a practice?

Step 2: Visit Your Accountant

  • Your business is only worth as much as can be defined on paper.
  • If a potential buyer cannot make sense of your accounts and assets, you may leave significant value on the table.
  • Get your financial history in order by reviewing tax returns, profit statements, AR reports, and payroll history for prior 3-4 years.
  • Clean up creative bookkeeping – you will have to promise the buyer that your financial statements are true and accurate.
  • Have your accountant help value assets of your business – or use an appraiser if necessary.
  • Discuss company structure – there may be restructuring needs or you may need to transition to a different structure for tax purposes.

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Subpoena Duces What???

By: David W. Hirshfeld

If you run medical practice, you receive subpoenas.  Here are a few tips to help you respond to a common form of subpoena without having to involve your attorney.

The most common form of subpoena is a “Subpoena Duces Tecum.”  A Subpoena Duces Tecum requires the recipient to provide specific records, and the custodian of the records who can answer a few basic questions at a deposition about how the records are generated and kept by the practice.  A deposition is just an interview under oath, conducted by one or more attorneys, that is recorded.  The subpoena will set the date for the deposition.

Depositions are inconvenient, as you will have attorneys in your office for all your patients to see and gossip about, and someone on your staff will have to take time to be the subject of the deposition.  In the vast majority of cases, the attorneys will accept the records by mail if they are accompanied by a written certification signed before a notary.  You see, in order for the records to be useful to the attorneys, they need to know that the records are accurate and complete, were generated and maintained in the ordinary course of the practice’s business, and haven’t been changed in response to the subpoena; and this is what they intend to learn from the deposition.  Most attorneys will accept answers to these questions in a written certification in lieu of an in-person deposition.

When you receive a subpoena duces tecum, you should call the issuing attorney and ask if you can respond to the subpoena via written certification rather than a deposition.  You should call the issuing attorney immediately, as subpoenas are time sensitive and often require speedy compliance.  In addition, if the subpoena was not accompanied by an authorization for release of records signed by the patient, then you should ask the issuing attorney for that authorization as a condition of your compliance with the subpoena.  Never discuss the patient’s treatment with the issuing attorney.