Showing 63 posts in Physicians.
Succession Planning Tips for Physicians
It is now widely accepted that planning for retirement is vitally important. However, many business owners, including physicians, fail to properly plan for the transition of their businesses upon the owner’s or primary physician's retirement. In fact, lack of succession planning is one of the most common reasons small medical practices fail. In order to avoid such a result in your practice, please consider the following succession planning tips: Read More ›
Categories: Physicians, Retirement
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Newly Released Audit Protocol Serves as Guidance for Compliance Programs
The Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), passed in 2009, imposed new requirements on health care providers (among others) related to the privacy and security of Protected Health Information ("PHI"). Included in the HITECH Act's requirements was a mandate that the Department of Health and Human Services’ ("HHS") Office for Civil Rights ("OCR") conduct audits to analyze the processes, controls and policies of certain covered entities. The pilot program for such audits began in 2011 and will conclude in December, 2012. Read More ›
Categories: Compliance, HIPAA, HITECH Act, Hospitals, Physicians, Regulatory
Precautions of Prescribing Controlled Substances for Pain
In response to growing concerns about prescription drug abuse, there has been a significant increase in investigative and enforcement activities by state licensing authorities as well as local, state and federal law enforcement. We have been contacted by physicians who want to care for patients with chronic or intractable pain but are concerned about the consequences to their licenses and practices that might result if investigators question their decision to prescribe controlled substances. Given the current environment, it is a good idea for physicians to refresh themselves on the legal requirements for effective pain management. Read More ›
Categories: Hospitals, Physicians, Regulatory
Medicare Provider Enrollment: Revalidation Required
Health care reform law requires that providers who enrolled in Medicare prior to March 25, 2011, submit enrollment revalidation information upon request by the Centers for Medicare and Medicaid Services ("CMS") or its contractors. Any provider that fails to submit the requested revalidation information within 60 days of receiving such a request risks interruption or deactivation of Medicare billing privileges. Revalidation for all providers who enrolled in Medicare prior to the above date will occur between now and March of 2015 on a steady basis. Providers can check the lists provided at CMS's website to determine if they were already sent a revalidation notice that was perhaps overlooked in the mail.
Categories: Hospitals, Medicare/Medicaid, Physicians
OIG Alert – Physicians May Be Liable for False Claims Submitted by Entities Receiving Reassigned Medicare Payments
The Office of Inspector General ("OIG") for the Department of Health and Human Services recently issued an alert, which warned that “physicians who reassign their right to bill the Medicare program and receive Medicare payments by executing the CMS-855R application may be liable for false claims submitted by entities to which they reassigned their Medicare benefits.” The OIG stressed that physicians remain liable for claims submitted using their provider numbers, even when the claims for services are submitted by another party under a contractual arrangement. The potential for liability also exists for other types of practitioners who enter into reassignment agreements. Read More ›
Categories: Billing/Payment, Compliance, Employment, Fraud & Abuse, Medicare/Medicaid, Physicians
New Licensure Requirements for Michigan Speech-Language Pathologists Released
On December 7, 2011, the final rules for Speech-Language Pathology were filed with the Michigan Secretary of State. Among other things, the final rules require that any person who intends to practice speech-language pathology in Michigan must be licensed by December 7, 2013. The rules also detail the requirements for licensure and give deference to individuals who have been certified by the American Speech-Language-Hearing Association.
For more information about the licensure requirements for speech language pathologists and to obtain a copy of the current licensure application packet, please contact one of the health care law attorneys at Foster Swift.
Categories: Licensing, Physicians, Regulatory
2011 IRS Guidance on Accountable Care Organizations
Many questions surround the creation and implementation of accountable care organizations ("ACOs"). Included in these questions were concerns about the tax implications of an exempt non-profit organization in joining an ACO. In 2011, the Internal Revenue Service ("IRS") was active in providing guidance on that issue. Specifically, the IRS addressed issues related to inurement or impermissible private benefit that arise from a tax-exempt organization's participation with an ACO. It also considered the unrelated business income tax implications for the receipt of shared savings by an exempt organization. Read More ›
Categories: Accountable Care Organizations, Health Care Reform, Hospitals, Physicians, Tax
Employers Beware: If you extend COBRA benefits, you may be denied stop-loss coverage
A recent case highlights why a plan sponsor must use caution when agreeing to provide COBRA coverage that extends beyond the maximum COBRA coverage period. The court in Bekaert Corporation v. Standard Security Life Insurance Company of New York, 2011 WL 3568028 (N.D. Ohio) recently held that an employer who offered extended COBRA coverage pursuant to a separation agreement with a particular employee was not entitled to stop-loss coverage. In Bekaert,a retiree received extended COBRA continuation health coverage pursuant to a separation agreement with the employer. The retiree's medical claims were paid under the employer's self-funded health plan and then were submitted for reimbursement under the employer's stop-loss policy as excess loss claims. The stop-loss carrier denied the claims, stating the retiree was not a covered person under the stop-loss policy. Read More ›
Categories: Employee Benefits, Employment, Hospitals, Insurance, Physicians
Act NOW to Maximize Incentives for Use of Electronic Health Records
On November 29, 2011, the State Bar of Michigan's Health Care Law Section presented a webinar entitled "Making Sense of 'Meaningful Use' Incentives for Electronic Health Record Adoption," which was attended by a number of Foster Swift health care attorneys. This program gave a wonderful overview of the procedural requirements in obtaining incentive payments for the use of electronic health records ("EHR"). Read More ›
Categories: Health Care Reform, Physicians
Health Facilities Must Display Notice about Employees' Organizing Rights
The NLRB has decreed that, starting on January 31, 2012, health facilities must post a notice informing those on payroll of their rights to negotiate as a group and join a union…but stay tuned.
Currently, the notice is required to list:
- the rights that an employee has under the National Labor Relations Act ("NLRA");
- what is illegal for an employer to do under the NLRA;
- what is illegal for a union to do under the NLRA; and
- what to do if there has been a violation of rights under the NLRA.
The NLRB has copies of a sample notice available. The notice may be printed on multiple pieces of paper, but it must be 11-by-17-inches in size and placed in a conspicuous location. The National Labor Relations Board (the "NLRB") finalized its rule requiring this notice in the August 30, 2011 federal register. Read More ›
Categories: Employment, Hospitals, Labor Relations, Physicians
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.