Articles Posted in Physician Practices

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health-medical-e1680627379406Our healthcare and business law firm often assists medical practices in responding to medical record and coding audits initiated by private and governmental payors.  Responding to each payor is unique.  The way I might respond to a private payor may differ from how I respond to a government payor.  This post, however, provides a few tried-and-true tips to consider when faced with an audit.  If you have questions about an insurance audit or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Tip 1- Hire Counsel

Although this sounds self-serving, it is not.  Attorneys who are experienced assisting medical practices with responding to insurance audits are well worth their cost.  Continue reading ›

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rawpixel-703120-unsplash-e1678464455417Our healthcare and business law firm often assists physicians and other providers in employment matters, from reviewing proposed contracts to litigating non-compete matters.  We’ve written previous material on physician employment, including Keys to Negotiating a Good Contract and Physician Non-Compete Agreements.  As mentioned in our previous post, our firm has recently been dealing with issues raised by co-terminus language, or language providing that a physician’s hospital clinical privileges automatically terminate when the employment contract is terminated.  The previous post provided an overview of co-terminus language and potential issues raised by such language.  This post focuses on possible ways a physician can protect herself or himself from those issues. If you have NPDB or employment questions or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

 

Although there may be many ways for a physician to protect themselves from the issues posed by co-terminus language (which issues we detailed in our previous blog post available here), below are a few ways we have dealt with in the past, some in the contract negotiation phase and others are actions to take after employment has ended.  Note, these actions do not insulate a physician from issues, but rather add protections to try and reduce the chance that the physician is met with problems relating to clinical privileges. Continue reading ›

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understanding-physician-employment-contracts-e1677703586595Our healthcare and business law firm often assists physicians and other providers in employment matters, from reviewing proposed contracts to litigating non-compete matters.  Physician employment agreements are often between 15 to 30 pages long, but many important terms are imbedded in those pages.  We’ve written previous material on physician employment, including Keys to Negotiating a Good Contract and Physician Non-Compete Agreements.  Our firm has recently been dealing with issues raised by co-terminus language, or language providing that a physician’s hospital clinical privileges automatically terminate when the employment contract is terminated.  Herein, I provide (1) an overview of the language and (2) potential issues raised by such language.  The next blog post will focus on possible ways a physician can protect themselves from those issues. If you have NPDB or employment questions or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

  1. Co-Terminus Language

Here is an example of co-terminus language:

Physician’s Medical Staff Membership and privileges shall terminate concurrently with the termination or expiration of this Agreement. Any provision of Company policies to the contrary notwithstanding, Physician and the Company agree that the Company has no duty to provide any notice, hearing or review in connection with the termination or suspension of Physician’s Medical Staff Membership and privileges hereunder.

The point of co-terminus language is so that the hospital does not have to follow their medical staff bylaws, which typically provide that privileges must either be voluntarily resigned or involuntarily removed. Continue reading ›

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opioid-painkillers-crisis-and-drug-abuse-concept-o-49X49YX-e1676319930781After the CDC issued its 2016 Opioid Prescribing Guideline, which focused on recommendations for primary care physicians, many physicians greatly limited prescribing opioids.  This was in response to the opioid epidemic in our country which had an impact on reducing opioid abuse.  However, it also may have left patients undertreated for pain given the 2016 guideline’s emphasis on not prescribing opioids.  In November 2022, the CDC issued updated guidance for a broader group of clinicians.  This blog series provides an overview of the more-than-60-page CDC guidance.  This first blog will provide an overview of what the guidance is intended to accomplish and how it is presented.  Our attorneys are experienced in advising healthcare businesses and pain management practices.  If you have pain management prescribing questions or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First, the updated guidance “is intended for clinicians who are treating outpatients aged ≥18 years with acute (duration of <1 month), subacute (duration of 1–3 months), or chronic (duration of >3 months) pain, and excludes pain management related to sickle cell disease, cancer-related pain treatment, palliative care, and end-of-life care.” Continue reading ›

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nurse-practitioner-vs-primary-care-doctor-002-e1675797754824As a healthcare and business law firm, we have many clients who either are or wish to hire nurse practitioners around the country.  Each state has very specific, and often complicated, laws and rules governing nurse practitioner practices.  In 2020, Florida introduced a new law allowing certain nurse practitioners to practice autonomously, which Florida has sense been expanding on and clarifying.  Herein is an overview of Florida’s autonomous practice law. If you have scope of practice or other practice-related questions or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Prior to the autonomous practice law, nurse practitioners could practice in Florida pursuant to a collaborative/supervisory protocol as defined by Florida Statute 464.012.  Florida Statute 464.0123 allows the Florida Board of Nursing to register an individual as an advanced practice registered nurse or as an autonomous advanced practice registered nurse if the nurse practitioner meets the following criteria: Continue reading ›

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4-e1647895403919Our healthcare and business law firm previously published a blog post on the federal telemedicine rules.  Both Federal and State rules govern the provision of telemedicine.  Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules or position statements, insurance code, and when applicable, Medicaid rules.  This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in North Carolina.  This post does not discuss telemedicine prescribing rules or Medicaid rules.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

North Carolina Rules

North Carolina has yet to pass any laws on telemedicine, but the North Carolina Medical Board (“Medical Board”) has published telemedicine policies available on its website, here. Below is an overview of some requirements currently in North Carolina governing the practice of telemedicine. Continue reading ›

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shutterstock_1440454943-scaled-1-e1667580931657Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices in that they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia.  Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on 2 key considerations in an Advanced Practice Registered Nurse (“APRN”), such as a nurse practitioner, owning a medical spa.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

  1. Corporate Practice of Medicine

Although surprising to most of our healthcare and business law firm clients, the corporate practice of medicine doctrine is not a major concern when analyzing how an APRN can properly own a medical spa. Continue reading ›

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https://www.littlehealthlawblog.com/files/2022/10/shutterstock_588164834.1-e1667248490780.jpgOur healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices in that they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia.  Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on the use of an Esthetician in a medical spa.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Esthetician

The use of an esthetician in a medical spa is more limited than many of our clients think before coming to us. Continue reading ›

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90-–-Inject-inside-the-lines-GettyImages-853429570-e1666985896795Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices as they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia.  Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.  

This post in the Georgia Medical Spa Series focuses on the use of a Physician Assistant in a medical spa.  This post does not discuss the restrictions governing a Physician Assistant owning a medical spa or employing his/her supervising physicians.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com. 

Physician Assistant 

A Physician Assistant (“PA”) is an individual “who is licensed to a supervising physician and who is qualified by academic and practical training to provide patients’ services not necessarily within the physical presence but under the personal direction or supervision of the supervising physician.”  O.C.G.A. § 43-34-102(7).  O.C.G.A. § 43-34-106 requires practices using PAs to post a notice that the practice is using a PA.   

Most clients of our healthcare and business law firm need to know what exactly each licensed professional they employ can and cannot do.  Below is an overview of some basic activities and how a PA can be involved:  Continue reading ›

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OIP-e1666730751982Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa.  Medical Spas have been growing in popularity across the country.  Medical Spas are unique practices in that they involve many medical and non-medical procedures.  There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup.  This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This first post in the Georgia Medical Spa Series focuses on the amorphous Corporate Practice of Medicine Doctrine.  If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

What is the Corporate Practice of Medicine Doctrine?

The Corporate Practice of Medicine Doctrine is easy to understand because it makes sense.  Essentially, the doctrine is the answer to the question: “Do we want businesses influencing providers in their medical decision making?”  The answer is, of course, no.  Continue reading ›

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