Law & Malpractice

Until recently, arrangements between physicians and commercial laboratories escaped federal anti-kickback rules because the arrangements did not involve government payers. 

Although physicians may not be involved with the cybersecurity of medical devices, they are still obligated to comply with HIPAA and the HITECH Act.

Providers must sign an agreement for how to handle disputes and terminations in the best of times to avoid bitter legal battles in the worst of times.

Proper billing and coding under CMS’s final rule is important not only for reimbursement but also to avoid potential lawsuits.

Before you sign on the dotted line, here are some legal issues to keep in mind for letters of intent.

Insurance giant Anthem was recently tagged with a $16 million-dollar HIPAA penalty. What can you do to keep your solo or small practice from getting hit?

Following the Anthem settlement, the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions doubles down on HIPAA privacy and enforcement efforts.

Yes, you need to delegate some tasks to employees. But as practice owners and administrators, it’s your responsibility to oversee and double check-not blindly sign your name for a whole lot of trouble.

The suspension of a New York nurse highlights the intersection between HIPAA and trade secrets.

There are many ways in which a practice can grow, so it’s important practices expand in a way that’s sustainable to ensure long-term success.

Legal insights from both sides of the aisle about what to do when protected health information (PHI) has been disclosed or when law enforcement requests it in a legal proceeding.

Terminating a provider’s employment with a physician practice is a sensitive process that needs to be handled with care.

A recent $65M False Claims Act settlement highlights physicians' responsibility to provide the best care as well as correctly document and appropriately code it.

Representatives can play an important role in keeping physicians updated on proper use of manufacturers’ products. But they can also integrate themselves into practices in ways that violate the law.

Providers should evaluate Anti-Kickback and HIPAA compliance simultaneously.

Management service organization (MSO) models can be risky for physicians who may not consider the legality and associated financial and legal risks before agreeing to the arrangement.

A look at recent lawsuits the U.S. Department of Justice has pursued for illegal upcoding, downcoding, and excessive coding claims.

Doctors have been in national news headlines for the wrong reasons. We examine their stories and the asset protection risks they present.

Both employers and providers need to understand what factors will allow a noncompete provision to be found enforceable.

Physicians' legal and financial planning must properly protect their assets, businesses, and family. These basic questions about your planning will help you determine if you've done enough.

Physicians need to consider what they might need to do in order to repurchase their medical practice-then get those provisions in place before agreeing to the sale.

A recent announcement by CMS for comments may be a welcome reprieve for physicians.

Any medical practice with multiple owners must have a funded buy-sell agreement in place to protect the partners and their families from the death or exit of a partner.

Three steps to avoid your NPI from being used improperly … and what to do if it already has.

New state legislations may have unintended effects on non-compete agreements.