Roetzel HealthLaw HotSpot: Recent Episodes
Roetzel & Andress, LPA
The Roetzel HealthLaw HotSpot is a podcast for physicians and health professionals that covers the legal issues and trends that affect the health care industry.
The Roetzel HealthLaw HotSpot Podcast is made available by the Firm and its attorneys for educational purposes and to provide general information, not to provide specific legal advice. Use of the Roetzel HealthLaw HotSpot Podcast does not create an attorney-client relationship between you and the Firm or any of its attorneys. The Roetzel HealthLaw HotSpot Podcast should not be used as a substitute for competent legal advice and you should contact an attorney in your state about any legal needs or questions you may have.
Host Ericka Adler is joined by Dennis Thornton, health care real estate advisor at CARR, to discuss how physicians and other health care practitioners can make informed real estate decisions when leasing, purchasing or expanding their practices.
Host Ericka Adler is joined by Craig Castelli, Founder and CEO of Caber Hill Advisors, to discuss the current market for selling physician and health care practices. The episode explores what buyers are looking for, how valuations and deal structures have shifted, and which areas of health care are attracting investor interest. Ericka and Craig also discuss physician retention, succession planning, and the importance of having the right advisory team in place when preparing for a sale.
Host Ericka Adler is joined by Daniel Gould, Private Wealth Advisor with Heritage Planning Partners, to discuss the financial planning considerations health care providers should address before and after selling a professional practice. The episode explores the importance of building the right advisory team, preparing for a significant liquidity event, and developing strategies to manage taxes, investments, and long-term financial goals. Ericka and Daniel also discuss common mistakes practice owners make after a sale, estate planning considerations, and how thoughtful planning can help preserve wealth for future generations.
Host Ericka Adler is joined by Roetzel shareholder Jonna Eimer to discuss letters of intent (LOIs) in health care transactions and the common misunderstandings that can arise before a deal reaches the final agreement stage.
The episode explores what health care providers should understand before signing an LOI, which terms are most important to address early, and how due diligence can shape the final transaction. Ericka and Jonna also discuss the importance of working with trusted legal and financial advisors, managing expectations throughout the process, and avoiding common pitfalls between signing an LOI and closing a deal.
Host Ericka Adler is joined by Roetzel shareholder Christina Kuta to discuss the growing trend of patients recording medical visits and sharing health care interactions on social media, and what health care providers should consider before allowing recordings in their practices.
The episode explores HIPAA and privacy concerns, consent requirements, reputational risks, and the legal challenges that can arise when patient recordings are shared online.
Ericka and Christina also discuss why health care practices should consider implementing recording policies and what providers can do when unauthorized recordings or misleading social media posts impact their practice.
Host Ericka Adler is joined by Roetzel shareholder Christina Kuta to break down the anti-markup rule and what health care providers need to know to stay compliant. They discuss how the rule applies to diagnostic testing services billed to Medicare, when billing arrangements may raise compliance concerns, and share practical examples to illustrate how it works in real-world scenarios. They also cover the potential consequences of noncompliance, including repayment obligations, penalties, and risks that may arise during audits or practice sales, and discuss what providers should be doing now to avoid costly mistakes.
Host Ericka Adler is joined by Roetzel shareholder Christina Kuta to explore how analytics are used in health care practices and what providers need to know about HIPAA compliance. They discuss how patient data is collected through digital tools like websites and email marketing, and when that data may be considered protected health information. The episode also covers common risks, including improper data sharing with third parties. Additionally, Ericka and Christina share practical guidance on protecting your practice, from understanding what's being tracked to ensuring vendors meet HIPAA requirements.
Host Ericka Adler is joined by Roetzel shareholder Christina Kuta to discuss when and why physicians may need to terminate a patient from their practice. The conversation highlights common situations that can lead to patient termination, including abusive behavior toward staff, repeated cancellations or missed appointments, failure to follow medical advice, and unpaid bills. They also address the growing use of patient behavior agreements, which establish expectations for conduct in the practice and may address issues such as harassment and false statements on social media.
Ericka and Christina also explain the key steps physicians and medical practices should take when ending a patient relationship, including documenting concerns, providing written notice, offering to transfer medical records, and allowing time for the patient to find a new provider to help avoid patient abandonment claims.
In this episode of the HealthLaw HotSpot, Ericka Adler sits down with Lori Cox of AAPC to talk all things healthcare audits. What should you do when an audit letter lands on your desk? Should you review records before sending them? What happens if you disagree with the results or owe money back?
They break down how to respond to audits, when to involve legal counsel and why annual self audits are one of the best ways to protect your practice. If you are a physician, practice manager, or healthcare executive, this is a must watch to reduce risk and strengthen your compliance plan.
In this episode of the HealthLaw HotSpot, host Ericka Adler is joined by Roetzel shareholder Christina Kuta to discuss the growing trend of concierge practices and the initial steps to start a concierge practice. Ericka and Christina explain why choosing the right professional entity matters, how state laws and corporate practice of medicine rules may apply, and the key differences between hybrid concierge practices and cash-only practices. They also cover important compliance considerations for insurance contracts and Medicare, along with essential concierge documents like intake paperwork, patient agreements, HIPAA documents, good faith estimates and informed consents.
In this episode of the Roetzel HealthLaw HotSpot, host Ericka Adler is joined by fellow shareholder Jonna Eimer to discuss concierge practices, how they differ from traditional practices and some of the unique challenges presented in drafting appropriate corporate documents.
Ericka and Jonna explain what a concierge or boutique-style, membership-based practice is and why it differs from a traditional medical practice, especially when it comes to governance documents, compensation arrangements and exit strategies. They also discuss how practices handle membership fees, what can happen when a physician leaves and why planning for notice, replacement coverage and insurance can be critical.
If you are part of a concierge practice, thinking of starting one or applying standard practice documents to a concierge model, this episode highlights the issues you need to be thinking about.
On this episode of the HealthLaw Hotspot, host Ericka Adler is joined by Roetzel shareholder Christina Kuta to break down what health care providers need to know about holiday gift giving. They explain how federal and state laws apply, what's considered low risk, and how to avoid unintentionally violating kickback rules when showing appreciation to patients, vendors or referral sources.
In this episode of the #HealthLawHotSpot, host Ericka Adler is joined by shareholder Christina Kuta to tackle a timely and complex issue: what healthcare providers should do if ICE agents arrive at their door. The conversation explores recent ICE activity in health care settings, the importance of having a written policy, and how to protect patient privacy and comply with HIPAA regulations. Ericka and Christina share practical advice for staff, discuss legal requirements, and emphasize the need for documentation and legal counsel. Whether you manage a practice or work in health care, you'll find actionable guidance to help safeguard your patients and team.
In this episode of the #HealthLawHotSpot, host Ericka Adler is joined by shareholder and intellectual property attorney Scott Brown to discuss a topic every health care business with a website or app needs to understand: Terms of Use and Privacy Policies. Ericka and Scott break down what these documents are, why they matter and how they differ from HIPAA requirements. They also cover common mistakes, legal risks and the simple steps practices can take to protect themselves and their patients online.
In this episode of the #HealthLawHotSpot, host Ericka Adler is joined by Donna Hartl from the firm’s Tax Group to discuss why estate planning is essential for healthcare providers. Donna explains the basics of wills, trusts, and powers of attorney, highlighting how these tools help you avoid probate, protect your assets, and ensure your wishes are honored if you become incapacitated. The conversation also covers unique considerations for healthcare professionals, such as practice ownership, asset protection strategies, and the importance of keeping your plan up to date as your circumstances change. Topics include why estate planning matters for healthcare providers, avoiding probate and protecting your assets, planning for practice succession and disability, asset protection strategies including trusts and MSOs, and the importance of powers of attorney for property, healthcare, and business. Don’t let another year go by without reviewing your estate plan, tune in now!
On this episode of #HealthLawHotSpot, host Ericka Adler welcomes Roetzel shareholder Scott Brown for an insightful discussion about protecting your healthcare practice online. They explore why clear, customized Terms of Use and Privacy Policies are essential for any healthcare website or app, and how these documents work together to safeguard your practice and your users. Episode highlights include how Terms of Use set rules and limit liability, why Privacy Policies matter and need to be tailored, the risks of using generic templates, and how Privacy Policies differ from HIPAA agreements. Whether you’re managing a healthcare website, offering telemedicine, or building your online presence, this episode offers practical insights to help you create policies that protect your practice and keep you compliant.
In this episode of Health Law Hotspot, host Ericka Adler is joined by Roetzel shareholder Marc Kallish to unpack the hidden legal risks healthcare professionals face under the Telephone Consumer Protection Act (TCPA). They explore how common communication methods like texts, emails, and calls can trigger costly violations, even when used with good intentions. The episode covers what the TCPA is and how it applies to healthcare communications, the importance of patient consent and opt-out mechanisms, what qualifies as a “healthcare exemption” under the law, real-world examples of class action lawsuits and how they escalate, and why insurance often doesn’t cover TCPA violations. Tune in to learn how to protect your organization and avoid costly legal consequences that can quickly escalate if left unchecked.
This week on the #HealthLawHotSpot, host Ericka Adler welcomes Roetzel shareholder Jonna Eimer to discuss the essential role of operating agreements in healthcare practices. Whether you're starting a new practice or reviewing existing documents, this episode offers practical guidance on how to structure agreements that protect your business, clarify ownership and decision-making, and help avoid costly disputes.
This episode covers what an operating agreement is—and why every healthcare practice needs one, how to handle ownership, voting rights, and profit distribution, and what happens when disputes arise, including strategies to avoid costly litigation.
Tune in now to gain insights that can help safeguard your practice.
In this episode of the #HealthLawHotSpot, host Ericka Adler and Roetzel healthcare shareholder Christina Kuta break down the latest legal developments affecting hybrid concierge medical practices—those that accept insurance or Medicare while also charging patients a membership or access fee. Topics covered include new Medicare billing codes that could impact how and if practices can charge patients for certain services, why charging cash for certain services might now violate Medicare rules, how commercial insurers are cracking down on access fees and concierge perks, real-world examples of practices losing contracts over fee structures, and tips for staying compliant and protecting your practice. Whether you're running a hybrid concierge model or thinking about launching one, this episode is packed with practical legal insights to help you avoid costly missteps.
In this new episode of the #HealthLawHotSpot, host Ericka Adler is joined by Roetzel litigation shareholder Michael Scotti to explore a growing and deeply concerning issue in healthcare: patients using threats, such as negative online reviews, malpractice claims, or regulatory complaints, as leverage to demand refunds or free services. Together, they unpack the legal and ethical complexities of responding to extortion attempts involving online platforms like Google and Facebook, understanding the difference between defamation and disparagement and how to respond to both. They also discuss navigating HIPAA restrictions when addressing public criticism, knowing when to involve your malpractice carrier or legal counsel, structuring settlements with non-disparagement clauses and patient termination protocols, and handling threats of complaints to state licensing boards. Whether you're a physician, dentist, or healthcare administrator, this episode offers practical legal strategies to protect your reputation, your license, and your peace of mind in an increasingly digital world.
Don’t miss this essential conversation on managing risk, protecting your practice, and navigating the legal complexities of patient-provider disputes.
In the latest episode of the HealthLawHotSpot, host Ericka Adler sits down with Treasa Moran, Financial Advisor at Anchor Point Wealth Advisors, to discuss the unique financial challenges and opportunities facing healthcare professionals. From managing student debt and planning for retirement, to understanding the emotional side of money, this episode is packed with insights for physicians, dentists, and other providers at every stage of their careers. Highlights include how emotions influence financial decisions, building your personal financial advisory team, strategies for budgeting, investing, and protecting your assets and why early planning is key to long-term success. Tune in to gain empowering financial strategies tailored to the healthcare field.
Join us on the #HealthLawHotSpot as host Ericka Adler and Michael Brohman, shareholder and member of Roetzel’s Employment Litigation Group, discuss ADA compliance for medical and dental practices. In this episode, you'll learn about how to handle investigations and action letters from counsel and government agencies related to ADA compliance, and how to properly respond to “form lawyer letters” that question your practice’s ADA compliance. This podcast will also talk about how to make sure your space meets ADA requirements and address common ADA complaints made against practices. Tune in below to learn how to protect your practice and ensure ADA compliance.
Join host Ericka Adler on the latest episode of the #HealthLawHotspot as she provides essential insights on how physicians and dentists can navigate the termination of their employment agreements. In this episode, Ericka covers the importance of thoroughly reviewing your contract before making any decisions, steps to take if you believe your employer has breached the contract, understanding the consequences of termination, including noncompete clauses and malpractice insurance, and planning your exit strategy to avoid any financial surprises.
Tune in now to stay informed and ensure a smooth transition when leaving your current practice.
Join host Ericka Adler and Roetzel shareholder Christina Kuta on the #HealthLawHotSpot for an in-depth analysis of recent changes in Illinois law pertaining to the licensing of Behavior Analysts (BA) and Assistant Behavioral Analysists (ABA). This episode addresses the new state licensing requirements, the mandate for BA or ABA service providers to establish professional corporations or professional limited liability companies by January 15, 2027, and the implications of this law change for existing practices that employ BAs and ABAs. Ericka and Christina also discuss the legal guidance being offered by the Illinois Department of Financial and Professional Regulation on this new law, conflicting interpretations, and how legislative changes could help to resolve these conflicts. Tune in to gain insights into how these legal developments may impact your practice.
On the latest episode of the #HealthLawHotspot, host Ericka Adler is joined by David Adler, President and Founder of the Adler Law Group, to discuss various legal tips and strategies for choosing a name and brand that will help your practice stand out. David emphasizes the importance of creating a strong brand that resonates across different types of communication and explains the process of choosing a strong and distinctive brand, highlighting the differences between generic, descriptive, arbitrary, and fanciful names. David and Ericka also cover the steps involved before you select a brand name, including checking state and federal trademark databases, and the need to regularly search and confirm your unique use of the name. Finally, Ericka and David discuss legal implications of using a name that is too similar or the same as another practice's name, and how to respond if your practice is accused of using a name belonging to someone else or if you believe someone else is using your protected brand.
Disputes among partners or shareholders can significantly impact a healthcare practice. On this week's #HealthLawHotSpot, host Ericka Adler and Roetzel attorney Hillard Sterling discuss the law and practical steps for addressing these disputes and ideally preventing them from escalating into lawsuits. These practical steps highlight the importance of engaging in early legal intervention and preparing clear and strong corporate documents in the first instance. Hillard explains what leads to litigation and outlines three general resolution paths: negotiated settlement, judicial disassociation, or LLC dissolution. Learn why a robust operating agreement is crucial and how early legal advice can save substantial time and money.
On this episode of #HealthLawHotSpot, Ericka Adler and fellow Roetzel attorney Christina Kuta discuss the potential pitfalls and best practices in dispensing GLP-1 medications. Christina shares her insights on the surge in demand, the concerning shortcuts being taken due to shortages, and the critical questions surrounding who is prescribing and dispensing these medications. They explore the state and federal regulations governing distribution, including the nuances of online services, interstate pharmacy relationships, and the crucial requirement of proper licensing for those dispensing to patients. Ericka and Christina also address the rise of compounded GLP-1 drugs, the potential risks associated with non-FDA approved alternatives, and the importance of verifying the integrity and quality of medications. Finally, the podcast covers the need for thorough staff training and maintaining accurate patient records as it relates to all medications being dispensed.
If you're a provider considering offering GLP-1 drugs or even if you are a patient concerned about the source of your medications, this episode is a must-listen.
In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with HR expert Debbie Rabishaw, founder of Next Step Advisory, to explore the critical role of human resources in healthcare practices. Debbie shares her insights on why having robust HR support is essential for small and mid-sized healthcare businesses. Listeners will learn about the significance of HR compliance in daily operations, including payroll management and employee classification, and why many professionals may underestimate the complexities of HR. Debbie and Ericka highlight the fine line between needing HR support and legal assistance, emphasizing the importance of having a comprehensive employee handbook and policies in place to mitigate risks. The conversation delves into the unique challenges faced by healthcare practices, such as maintaining employee certifications, mandatory HIPAA training, and conducting appropriate background checks. Ericka explains how addressing these issues upfront can prevent legal complications and save costs in the long run. With a focus on talent acquisition and creating a positive workplace culture, Debbie provides practical advice on crafting effective job descriptions, setting realistic expectations, and fostering open communication. She also addresses common workplace issues like harassment and mistreatment, offering strategies for confronting bad behavior and ensuring policies apply to everyone, including practice owners and managers. As we navigate the complexities of small healthcare practices, Debbie's strategic growth insights will help listeners understand the importance of aligning HR strategies with business goals for sustainable growth. Finally, we touch on how effective HR management can impact succession planning and the future sale of a practice.
Welcome to the first episode of the #HealthLawHotSpot in 2025! Join host Ericka Adler as she welcomes back Roetzel Healthcare attorney Christina Kuta for a discussion on the newly updated guidelines from the Illinois Department of Financial and Professional Regulation (IDFPR) regarding the operation and ownership of medical spas. As med spas continue to rise in popularity, the question of who can own and operate one has become increasingly relevant. Christina dives deep into the latest guidance, clarifying the roles of both physicians and nurse practitioners in ownership and operations. Ericka and Christina discuss the provisions of services by licensed and unlicensed persons, collaboration with physicians, the importance of management service organizations, and the crucial requirement for owners to be actively involved in the practice. Highlights include common pitfalls many med spas encounter when entering med spa arrangements, including the potential liabilities for med spa owners. The episode also tackles the unique challenges providers face when treating friends and family, especially in the realm of popular cosmetic services like Botox. Learn why it's essential to treat these individuals just like any other patient and understand the repercussions of not adhering to proper protocols. Finally, Christina discusses the critical infection control measures that must be implemented in both traditional and mobile or home-based services. The conversation concludes by urging listeners to take proactive steps to ensure compliance with the new guidelines, reminding everyone that Illinois-based med spas may now subject to heightened enforcement from the IDFPR, and med spas outside Illinois should make sure they follow the requirements for their states.
In this episode of #HealthLawHotSpot, host Ericka Adler continues her discussion on the due diligence process associated with healthcare practice sales. Joined by fellow Roetzel attorney Christina Kuta, they continue their conversation by encouraging listeners to have their compensation arrangements reviewed for regulatory compliance. Christina sheds light on the implications of non-compliant compensation arrangements, highlighting the potential repercussions that could affect a practice's sale. Ericka and Christina further discuss the importance of HIPAA compliance during the buy/sell process. Christina shares real-life scenarios and offers essential recommendations for practices striving to meet HIPAA standards. Listeners will learn about the necessity of a comprehensive HIPAA policies and procedures manual, the importance of annual employee training, and the establishment of efficient reporting mechanisms for HIPAA violations. They share examples of how improper marketing practices, misclassification of independent contractors and failing to consider requirements from multistate practice can impact practice sales.
In this episode of #HealthLawHotSpot, host Ericka Adler sits down with fellow healthcare attorney Christina Kuta to delve into the steps healthcare practices should take to prepare for the due diligence process associated with a practice sale. They explore the lack of preparation seen in many transactions and highlight why it’s essential for practices to review operational and compliance issues before hitting the market. Ericka and Christina further discuss the impact of compliance reviews on the value of a practice during the sale process and how addressing compliance issues prior to a sale can significantly reduce legal fees. They also discuss common billing issues that arise during due diligence, such as improper documentation and credentialing challenges, and stress the importance of hiring an outside independent auditor for a thorough billing audit. Further examined is the need to review practice compliance plans, detailing what should be included and why potential buyers will scrutinize these documents. Finally, Ericka and Christina take a closer look at the unique marketing challenges healthcare practices face and the critical importance of educating staff about compliance policies.
Join host Ericka Adler on this week’s episode of the #HealthLawHotSpot as she welcomes healthcare attorney Laura Lauth Andrews from Lauth O’Neill, LLC. In this thought-provoking discussion, Ericka and Laura dive into the often-overlooked topic of physician recruitment agreements. Laura sheds light on what a recruitment agreement is and the requirements under the Stark Law that impact the agreement structure and whether a recruitment agreement may be legally offered. Together, they explore the various elements of recruitment agreements between hospitals, physicians and practices, and the type of support provided, such as compensation, bonuses, relocation expenses, and start-up funds. They also talk about the burden on physicians to remain in the community for the forgiveness period or to bear the burden of repayment, and how groups often shift this liability entirely to the physician while benefiting from the finances of the arrangement. Listen in as Ericka and Laura share real-world examples of issues that arise in recruitment agreement situations and how physicians can limit their risk by asking the right questions and working with effective healthcare counsel. This episode serves as a critical resource for any physician considering a recruitment agreement.
On the #HealthLawHotSpot this week, host Ericka Adler sits down with Roetzel attorney Donna Hartl to explore some crucial year-end tax considerations as well as trending tax issues. Donna and Ericka discuss the importance of accurately categorizing your expenses, the potential for prepaying smaller costs like insurance and property taxes, and the critical path to qualifying for the employee retention credit (ERC) before the April 2025 deadline. With impending elections influencing tax policies, Donna emphasizes the need to stay vigilant about record-keeping, especially with the IRS ramping up audits for professionals. Donna also highlights the importance of having the “five Ws” in place for audit preparedness (Who, What, Where, When and Why) when it comes to receipts for entertainment and marketing, and ensuring you’re ready for the IRS’s scrutiny of home offices, travel expenses, and 1099 requirements. This episode is packed with practical tips and expert advice that can save you time, money, and stress as the year draws to a close. Don’t miss out on this opportunity to equip yourself with the knowledge you need for a successful tax season!
In this episode of the #HealthLawHotspot, host Ericka Adler welcomes Laura Goodman, Partner at FGMK, to explore the intricacies of setting up Management Services Organizations (MSOs) and Dental Service Organizations (DSOs). Tune in as they delve into the essential collaboration between your legal and financial teams to ensure a solid foundation for your arrangements. Laura shares valuable insights on the first financial steps to take when setting up MSOs and DSOs, the best structures on both the clinical and management sides to avoid over-complication, and the critical distinction between expenses that should be allocated to the clinical entity versus the MSO/DSO. They discuss how to determine a fair market value management fee to comply with state and federal laws and tax pitfalls/IRS challenges that practices may encounter if they do not follow the financial structure outlined in the MSO/DSO agreement. Finally, Ericka and Laura talk about limiting expenses and regulatory issues when structuring MSO/DSO arrangements, and how the proper advice can save a client from an unfortunate outcome. Tune in for a compelling conversation that will equip you with the knowledge to navigate the complexities of healthcare management services.
In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with Matthew Godley, a seasoned cost reduction expert and CEO of Spendly. Together, they discuss the challenges faced by independent healthcare practices striving to remain autonomous in an increasingly complex industry. Ericka and Matthew discuss the struggles practices encounter, from soaring administrative expenses to navigating insurance and payroll challenges. Matthew shares insights on how Spendly was created to help practices to develop tailored strategies to lower operational costs, ensuring they can focus on patient care without reduced financial strain. With real-world examples and case scenarios, this episode equips independent practitioners with actionable strategies to overcome financial hurdles and thrive in their independence. Tune in and discover how to take control of your practice’s financial future!
In this episode of #HealthLawHotSpot, host Ericka Adler sits down with her longtime collaborator, Lucy Zielinski, a partner at Lumina Health Partners, to tackle one of the most significant decisions a physician can make: starting an independent practice. With years of experience guiding physicians through the intricacies of practice formation, Lucy shares invaluable insight into the planning and operational steps necessary for success. Discover the importance of starting the planning process 6-12 months in advance, choosing the right location, and forming your business entity. Lucy also highlights the critical aspects of credentialing, billing, and collections, emphasizing the need for effective systems and partnerships with knowledgeable professionals. From recruiting the right staff to understanding the role of HR, this episode covers it all. As they navigate challenges like cybersecurity and compliance, Lucy shares advice on how to safeguard your practice and the importance of regular audits to ensure proper coding and billing practices. Finally, the conversation shifts to the impact of social media on modern practices, highlighting the importance of a solid marketing plan and strategic planning to create a practice brand that will succeed.
In this episode of #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta to discuss the latest developments in the FTC’s attempt to ban non-competition provisions. Ericka and Christina examine new developments since the previous episode, including a Texas court issuing an injunction preventing the FTC rule from going into effect nationally and the current circuit split that may postpone a final decision. They discuss how to treat non-competition provisions moving forward, emphasizing the necessity of understanding state-specific legislation and mandates. Additionally, they provide guidance for employers who have not yet incorporated a non-competition clause within their employment agreements and review key considerations for non-compete clauses, highlighting essential elements that should be included in these provisions.
This week on the #HealthLawHotSpot, host Ericka Adler welcomes special guest Mark Henderson Leary, a Certified EOS Implementer® at EOS Worldwide. Mark dives deep into the common issues faced by private healthcare practice owners who may need assistance to take their practice to the next level. Mark explains that he works with all types of practices, from those struggling with profitability, to those with a need for better organization, systems, and quality employees. Ericka and Mark discuss a common challenge they see in the industry, where the entire success and operation of the health care business is tied to a main practitioner, who is not only the greatest source of income to the practice, but also serves in every key role within the practice. This can lead to a limitation on practice growth, practitioner burn-out and, eventually, a desire to sell the practice. Mark discusses the process of helping a practice turn things around for the better, both from a business and personal perspective, and shares his vision for the future of private healthcare.
In this episode of #HealthLawHotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to delve into an urgent issue that could impact employers nationwide—the upcoming FTC restrictive covenant rule. With the enforcement date looming less than 30 days away, and no clear court ruling delaying enforcement, employers must prepare now for the rule to go into effect. Ericka and Christina discuss the critical steps employers must take to prepare for compliance, including the necessity of providing clear notice to all employees affected by restrictive covenants and the importance of consulting legal counsel so that the notices are flexible enough to reflect legal changes. As legal challenges to the rule mount across the country, Christina sheds light on the potential ramifications of these cases and what businesses can anticipate moving forward. Don’t wait until the last minute—tune in below to learn how to navigate these changes.
In this week’s episode of the #HealthLaw HotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to tackle a pressing issue in the medical field: the controversial practice of self-prescribing and prescribing to family and friends. Are physicians allowed to treat those closest to them? The answer isn't straightforward and varies by state law and licensing regulations, which often discourage these practices. Join us as we delve into the repercussions of self-prescribing, including the ethical dilemmas that arise and the potential consequences. Christina shares insights on the expectations family and friends may have, the importance of maintaining medical records, following medical guidelines, and how violations can lead to investigations that threaten a provider’s license and career. With a focus on compliance, education, and alternative solutions, this episode is a crucial listen for healthcare professionals who want to navigate the complexities of treating and prescribing themselves, friends and family.
Join host Ericka Adler in this episode of #HealthLawHotSpot as she discusses important considerations for physicians who are nearing the end of their relationship with a hospital, private equity firm, or other buyer after selling their practice. Discover the key questions you need to consider as you prepare to part ways, including the importance of reviewing and understanding the deal documents and navigating the complexities of non-compete agreements in both the sale and employment agreements. Gain insights into managing ongoing obligations, the impact on malpractice coverage upon departure, and the nuances of rollover units and associated non-competes. Learn about the intricacies of taking employees with you, potential buyback scenarios, and ensuring you have the right legal, accounting, and financial support to safeguard your interests and financial well-being. Tune in to ensure you're equipped to navigate this crucial phase in your professional career with confidence and clarity.
Join host Ericka Adler and Roetzel attorney David Hochman on this episode of #HealthLawHotSpot as they dive into the topic of buy and sell agreements between shareholders/members and the impact of the recent United States Supreme Court decision in Connelly v. United States. David sheds light on the case details and the unexpected outcome that ensued. He also explores the importance of appraisals in structuring buy/sell agreements and why establishing a separate partnership or trust to own insurance policies on the lives of shareholders/members can be beneficial. David also shares insight on evaluating your buy/sell agreements funded with life insurance and ensuring the formulas remain relevant. Finally, David and Ericka discuss the significance of ongoing communication with financial and legal advisors to keep corporate agreements updated and consistent with business objectives.
Join host Ericka Adler on the #HealthLawHotSpot as she welcomes special guest Rajesh Voddiraju, founder of Stitch PEO. Their discussion focuses on the challenges that healthcare practices face to maintain independence when faced with the burden and expense of handling HR issues, benefits, and similar challenges while trying to run a successful business. Rajesh speaks to his experience in the healthcare industry and how his company was specifically created to help practices stay independent at a time when many are selling to hospitals, private equity and other buyers in order to find much needed relief from administrative and HR tasks. Rajesh explains how companies like Stitch PEO can offer practices a means to remain independent by managing benefits, compliance, payroll services, workforce management, and similar services based on individual practice needs.
Join #HealthLawHotSpot host Ericka Adler as she sits down with special guest David Adler from the Adler Law Group to discuss choosing a memorable and protectable name for your healthcare practice. In this episode, they dive into the considerations when selecting a practice name, including the importance of finding a distinctive and memorable name, as well as how to protect your branding through trademark clearance searches and legal assistance. The episode also sheds light on common issues faced by small businesses in receiving cease-and-desist letters and offers valuable insights on navigating trademark-related challenges. Tune in to discover why investing in trademark rights early on can save you time and money in the long run.
Host Ericka Adler welcomes Roetzel attorney Christina Kuta to the #HealthLawHotSpot this week to discuss the most frequently asked questions from clients about non-competes and the impact of the new FTC rule. Christina explains the key provisions of the new FTC rule and how it will change the landscape for non-competes moving forward. She also discusses the uncertainty surrounding the rule's implementation and the likelihood of it going into effect. Ericka and Christina dive into the enforceability of non-competes in different states and the legal challenges surrounding the new rule, as well as advise healthcare professionals to carefully consider non-competes before signing. Finally, they provide guidance for healthcare professionals on how to handle non-competes currently in place and discusses the implications of the new rule for business transactions.
Join host Ericka Adler and Roetzel attorney Christina Kuta as they delve into the world of buying and selling dental practices. They discuss common issues that arise in dental transactions and provide valuable insights for anyone considering a dental sale or purchase.
In this episode, you'll learn about:
- The importance of due diligence
- The role of a knowledgeable financial advising team
- How to protect your interests starting with letters of intent
- What terms are important in dental transaction documents
- The ins and outs of post-sale independent contractor agreements
Ericka and Christina also provide real-world examples to illustrate these issues and provide practical guidance for dentists navigating dental transactions.
In this episode of the #HealthLawHotSpot, host Ericka Adler and fellow Roetzel attorney Christina Kuta discuss limitations on non-physician practitioners in terms of the services they can provide and the role of physicians in supervising these practitioners. From doctors' offices to med spas, the rules and regulations governing these practitioners vary widely depending on their licenses and related scope of practice. Ericka and Christina delve into the potential pitfalls and repercussions when practitioners exceed their scope of practice. They emphasize the importance of understanding state-specific laws regarding scope of practice, physician supervision of non-physician providers and the consequences of failing to provide adequate supervision.
Join host Ericka Adler on this episode of #HealthLawHotSpot as she shares key advice with residents and fellows who are reviewing a contract for the first time. Ericka highlights six major strategies for practitioners to consider, from researching the employer, fighting for key points and understanding the exit strategy. Although Ericka shares pointers for new physicians, she makes it clear that the same advice applies to all healthcare providers seeking guidance and to ensure the best possible outcome in their contract negotiations.
Healthcare billing is a complex and ever-changing field. In this episode of the #HealthLawHotSpot, host Ericka Adler talks with Brian Nelson and Deena Wojtkowski from Ebix, Inc. about what healthcare providers should look for when hiring a billing service. They discuss the most important factors to consider, the latest trends in healthcare billing, and what billing services can offer to help healthcare providers avoid audits and keep up with industry trends. Brian and Deena also share real-world situations that Ebix is seeing in the healthcare industry, including how they handle compliance and cybersecurity issues and navigate technology.
Join host Ericka Adler as she welcomes new Roetzel partner Jonna Eimer on the #HealthLawHotSpot, to discuss the ins and outs of Management Service Organizations (MSOs). Learn what MSOs are, the types of professions that utilize them, and why they are essential for non-licensed professionals seeking entry into the healthcare industry. Ericka and Jonna delve into the topic of the corporate practice of medicine and how MSOs help non-healthcare entities navigate the legal hurdles. They explain the distinct roles of licensed providers in clinical matters and management entities in non-clinical aspects, such as HR, billing, and compliance. Discover how professional entities operate and pay management fees, and the strict regulations surrounding these fees. They also highlight the unique benefits of MSOs and emphasize the importance of adhering to state and federal laws when employing this model. Tune in as Ericka and Jonna share real-world examples showcasing the different considerations and documentation required for various types of practices seeking to establish MSOs, providing valuable insights into the complexities and potential risks involved.
In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with Joe Lessard, CPA and Principal of Professional Business Management, to discuss the pros and cons of purchasing vs. starting your own healthcare practice. Ericka and Joe delve into the key considerations practitioners should make when choosing which direction to go, including the importance of assembling a team of experts, conducting due diligence, and setting realistic expectations. They also explore the advantages and disadvantages of purchasing an existing practice, such as gaining the established patient base and income stream and the potential drawbacks, such as a less ideal location, older office equipment, and existing staff challenges. Additionally, the podcast covers the benefits of starting a new practice, including the ability to choose location, equipment, and layout of the office and identify challenges, which include acquiring capital and the need to attract patients to build and support the practice financially.
This is a must-listen for any health care practitioner considering purchasing or starting their own practice as Ericka and Joe provide valuable insights and advice on making an informed decision about the best path to choose for you , tune in below!
In this week's episode of the #HealthLawHotSpot, host Ericka Adler sits down with Elissa Taub from Siskind Susser for a timely discussion on the green card backlog that physicians are experiencing. Ericka and Elissa delve into the factors contributing to the issue, including the annual limits on green cards, the multiple categories (family and employee-based), and the long-term backlogs which have significantly increased since December 2022, impacting physicians from all countries. She explains that the underlying cause is the shortage of green cards compared to the high demand. Elissa also emphasizes the importance of starting the green card process as early as possible as it can now take up to three years to obtain, and how employers can play an important role in this process.
Tune in for valuable insights into the challenges faced by physicians in obtaining green cards and what to expect in terms of immigration reform and employment-based immigration moving forward.
In this episode of the #HealthLawHotspot, fellow Roetzel Healthcare Attorney Christina Kuta joins host Ericka Adler, to continue her discussion on the Good Faith Estimate portion of the No Surprises Act. Christina delves into the requirements for providers, including the types of information that must be included in the estimate, such as diagnosis codes, service codes, expected charges, and patient information. She also discusses the different types of providers and their responsibilities under the law, as well as how to ensure compliance with the Good Faith Estimate requirement. Additionally, Christina highlights the investigations conducted by CMS surrounding this law and the potential consequences for non-compliance, including financial penalties and reprimands. Tune in below to stay informed about the Good Faith Estimate requirement and how to protect your practice from potential legal issues.
In this episode of the #HealthLawHotSpot, host Ericka Adler welcomes Dennis Thornton from Carr Healthcare Realty. Dennis joins us to discuss the ins and outs of real estate transactions for healthcare providers. From lease renewals to new practice start-ups, expansions, relocations, additional offices, and acquisitions, Dennis shares his insights on how to navigate the complex world of healthcare real estate. Ericka and Dennis also delve into the importance of timing, options, and common mistakes to avoid, while emphasizing the critical role of an attorney and real estate broker in ensuring a successful transaction. So whether you're a healthcare provider looking to expand your practice, renew a lease or start a practice, this episode is a must-listen. Tune in now!
Joining host Ericka Adler on the first #HealthlawHotSpot of 2024 is fellow Roetzel healthcare attorney Christina Kuta. Ericka and Christina will break down statute 1557 that prohibits discrimination from healthcare providers that receive federal assistance. Christina then discusses the updates and changes that were made in 2020 and 2022, what providers need to be mindful of and what to look out for in the future.
Joining host Ericka Adler on the #HealthLawHotSpot this week is fellow Roetzel shareholder and leader of the tax practice group, attorney Donna Hartl. Donna provides insight on how and why the Employee Retention Tax Credit (ERTC) was originally set up, and how some practices may have received poor advice in applying for the credit. They also discuss how practices can assure the credit was properly evaluated and how to handle credits they may have wrongfully obtained. Finally, Donna explains the current status of the ERTC and how practices can still seek out a proper tax credit.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Karen Adinolfi for an important discussion on navigating the rise in political discussion, antisemitism, islamophobia and other challenges in the healthcare workplace. Across the country, practices have faced workplace misbehavior including in-person conduct, social media postings, and other actions that have impacted healthcare employers and their reputations. Ericka and Karen will explore how healthcare employers can effectively identify when employees may have violated employment policies, created a hostile work environment or otherwise engaged in intolerable unacceptable activities. Ericka and Karen also focus on the use of acceptable employment policies and practices to address discipline and termination of employees, as well as the ultimate goal of protecting the healthcare practice.
On the #HealthLawHotSpot this week, host Ericka Adler is joined by special guest Amy Anderson from Brinson Anderson to discuss important considerations for surgery-based and aesthetic practices when hiring staff. Amy provides guidance on key items to be mindful of during the hiring process and how to make sure that any newly hired staff will match the practice culture. Key issues covered include assuring potential employees bring the right skill set, licensure and overall work experience to the particular practice. Amy and Ericka also discuss fine tuning the interview process and the importance of properly onboarding new employees with current staff.
On this episode #HealthLawHotSpot, host Ericka Adler is joined by special guest Paul Hales, Partner at the Hales Law Group, for a discussion on how changes in web-based technology, including tracking, may be causing health care practices to unknowingly violate HIPAA. Mr. Hales provides insight on what information is protected by HIPAA and how patient privacy is threatened by the latest technology used on popular practice websites and online. Finally, Ericka and Mr. Hales discuss the need for practices to engage in website and social media audits and other best practices to assure HIPAA compliance.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta for an in-depth discussion on key issues that physicians need to understand within the broad topic of balance billing. Ericka and Christina discuss billing restrictions under the ”No Surprises Act,” steps providers need to take to notify patients of their rights related to balance billing, issues that may come up when working in multiple states, and the repercussions of not complying with balance billing restrictions.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by special guest Jerry Diza, Partner at Pacific Reliance Medical M&A Advisors to share advice on how to successfully sell a med spa. Ericka and Jerry focus on trends in the sale of med spas and the steps to take to prepare a med spa for sale, including revenue thresholds needed to sell and steps to increase growth and performance. Ericka and Jerry also cover the diligence that sellers should expect when it comes to med spas, such as a regulatory review of an MSO structure and provider licensure. Finally, the podcast covers the type of team members required for a successful med spa transaction.
On the #HealthLawHotSpot this week, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta to answer some commonly asked questions regarding opting out of Medicare. Ericka and Christina discuss the situations when providers would want (or need) to opt out, the process of opting out, and the requirements to bill Medicare patients directly. They also provide real-world examples of things that can and do happen when providers opt of Medicare.
On the #HealthLawHotSpot this week, host Ericka Adler is joined by special guest Janie Tremlett from CWH Advisors, for an exploration of whether physicians should add value-based contracting to their practices. Ericka and Janie focus on the different type of contracting available to physicians and what type of practices benefit the most from value-based contracting, in terms of size, specialty, payor make-up and patient population. Ericka and Janie also discuss how practices can start the journey of investigating value-based care, the team needed to help explore contracting options and some of the pros and cons to consider before you get started.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Heather Renée Adams for a follow-up discussion on how healthcare practices should best respond to claims from the Equal Employment Opportunity Commission (EEOC) and similar administrative agencies. Ericka and Heather discuss the dos and don’ts of communicating with the EEOC including, responding in a timely, courteous manner, properly documenting the misconduct, the importance of using legal counsel to respond to claims, and what can happen if you don’t. Heather also provides insight on the three general results employers can receive from the EEOC, next steps after receiving your result and how settlement can be the best decision for your healthcare practice.
On this episode of the #HealthlawHotSpot, host Ericka Adler is joined by special guest Ezra Simons, Managing Partner at Physician Growth Partners, for an in-depth discussion on what private equity firms look for when acquiring physician practices. Ericka and Ezra discuss different types of private equity transactions and the importance of a good transactional team to best position a physician practice when going to market. Finally, Ezra and Ericka offer insight into the process of negotiation with a buyer and key terms to fight for in a letter of intent.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel healthcare attorney Christina Kuta, for a unique discussion on physician relationships within partnerships and practices. Ericka and Christina talk through what can happen when partnerships encounter disputes, how to work through difficult partnerships and how to plan for disagreements before they arise. They also provide insight on what to do if issues cannot be resolved and the importance of thinking through a partnership before entering into an agreement.
Are non-competes still enforceable for physicians, dentists and other health care providers? #HealthLawHotSpot Host, Ericka Adler is joined by fellow Roetzel shareholder Adam Hirsch, to discuss recent activity related to non-competes, particularly as it relates to the National Labor Relations Board (NLRB) guidance. Ericka and Adam break down the new NLRB memo concerning non-competes and the wide misconception that non-competes are no longer enforceable. They also talk about what health care practices should be thinking about when it comes to contract provisions and whether we can expect non-competes to be enforceable in the future!
On this episode of the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Hillard Sterling, for an-depth discussion on cybersecurity issues that healthcare providers are facing. Ericka and Hillard examine the reasons health care providers are more vulnerable to hackers and how common sense and technology are the best protection for your practice. They also discuss the types of cybersecurity cases on the rise, the main reasons for data breaches, understanding your legal duties when a breach occurs, plus the importance of employee training. Finally, Ericka and Hillard explore defense tracks that practices can use when faced with a cybersecurity claim, the importance of an incident response plan and how to avoid running into cybersecurity issues in the future.
Host Ericka Adler is joined this week on the #HealthLawHotSpot by fellow Roetzel healthcare attorney Christina Kuta, and special guest criminal lawyer Catharine O’Daniel, from the Law Offices of Catharine O’Daniel, to discuss best practices when faced with a criminal or civil subpoena, CID or investigation. Catharine identifies the types of situations where healthcare providers may need a criminal attorney, how quickly a civil matter can turn into a criminal matter and strategies to keep cases limited to civil action. Ericka, Christina and Catharine also explore what providers should do if federal investigators show up at their door, qualities health providers need to look for when selecting a criminal attorney and best practices to minimize legal violations
This week, on the #HealthLaw HotSpot, host Ericka Adler focuses on how physicians can safely exit their employment agreements. She discusses the timing of when and how notice is given, and some key issues to keep in mind related to timing. Ericka also addresses the terms of the contract that are impacted by termination such as malpractice insurance, non-compete provisions, compensation terms and repayment of deficits and bonus obligations.
Host Ericka Adler is joined by special guest Ike Devji from Arizona Wealth Law and Pro Asset Projection, to discuss the importance of asset protection for physicians and their practices. Ericka and Ike explore what asset protection means and why it is needed for both health care providers and their businesses in order to protect both from potential liability. Their discussion covers the type of insurance policies needed, from a personal and business perspective, and how a health care provider’s and practice’s needs can change over time as new types of challenges arise. Finally, Ericka and Ike explore steps that need to be taken to prepare for worst case scenarios and some of the specific risks that are present over the summer months specifically for everyone as parents, professionals and business owners.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by special guest Debi Carr from DK Carr and Associates, for an in-depth discussion on how healthcare providers can obtain and maintain security in their practices, along with what technology challenges and issues practices face. Debi and Ericka talk through what providers need in a security plan, trends and types of data breaches to watch out for, and ensuring your practice is in compliance with HIPPA. Ericka and Debi also talk about the exciting new world of AI and how technology such as Chat GPT might impact practices in the future.
This week on the #HealthLawHotSpot, host Ericka Adler discusses how to handle letters of intent (LOIs) that a healthcare practice may receive when a buyer is looking to acquire their practice, particularly from private equity. Her in-depth discussion focuses on what the terms in the LOI mean, what key provisions to look for and the essential questions that should be asked in negotiating the document. Ericka focuses on how to understand what needs to be included in the LOI, and what can wait, and how to be sure you understand the deal the practice is signing up for!
Thinking of starting a med spa practice or adding med spa services to your existing practice? Join host Ericka Adler and Roetzel attorney Christina Kuta on the #HealthLawHotSpot this week as they discuss starting a med spa, the issue providers face during startup and how to avoid them. Ericka and Christina provide tips to be involved with a med spa if you aren’t a licensed provider, physician risk involved in owning a med spa, what to look for in management agreements and how to charge for services. They also dive into what providers need to do think about if they are adding med spa services to their existing practice, including licensure issues and services offerings.
This week, Elissa Taub, partner at Siskind Susser joins host, Ericka Adler, on the #HealthLawHotSpot for an important discussion focused on immigration issues that arise for physicians and their employers. Elissa explains her role in advising healthcare professionals and employers on all aspects of the immigration process. She then outlines the visas that physicians require to study and work in the United States and what they need to think about as their student visa status comes to an end and they start looking for employment. Ericka and Elissa also talk in depth about the ability of employers to sponsor physicians, the waivers needed and the importance of talking to an immigration lawyer early in the process. Finally, the podcast covers some of unique challenges that immigrant physicians face with their employers and what the physician immigration path might look like in the years to come.
On this episode of the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Heather Renee Adams, for an in-depth discussion on how healthcare practices should handle any claims they receive related to discrimination, retaliation or harassment within their practice. Ericka and Heather’s discussion focuses on the types of claims that can arise in the workplace, best practices for handling those allegations and what to do when an employee takes the complaint to a federal agency like the EEOC. Heather also provides best practice tips for handling claims when escalated to the agency level, the importance of making sure practice policies and employee handbook are up to date and consistent, as well as alternatives to avoid ending up in front of an agency like the EEOC.
This week on the #HealthLawHotSpot, Host Ericka Adler is joined by special guest Paige Kuffel from Bluestone Advisors to discuss common mistakes healthcare providers make when it comes to malpractice insurance. Ericka and Paige discuss the importance of understanding your coverage options and what your policy actually includes and excludes. The podcast also covers how healthcare providers must communicate effectively with their carrier and not waiting until the last minute when making policy changes. Finally, Ericka and Paige also talk about common malpractice pitfalls, shopping for prior acts/tail coverage and nuances about malpractice insurance of which providers may not be aware.
Do you want to start a traditional or concierge medical practice? What are the steps you need to take? Host, Ericka Adler, of the #HealthLawHotSpot sits down with Jason Fiske from PBC Advisors and Betsy Drake Noxon from Drake & Co. to discuss the financial, legal and operational questions to consider when starting a medical practice and how to choose between available practice design and structure. Ericka, Jason and Betsy provide tips and real word experience in guiding physicians to think through big picture questions: What type of new practice best meets the physician’s personal goals and lifestyle choices? What does a physician need to think about when leaving their current practice and how can it impact the new practice? How much time is needed to start a new practice and what are some of the planning steps to consider? What type of entity should a physician choose and why? What are the key differences in structuring a concierge practice financially and operationally? What are the common mistakes that physicians starting a new practice tend to make? Join the #HealthLawHotSpot as the team takes on these questions and many more!
Why do healthcare providers need to think about estate planning and when is the right time to get started? Roetzel shareholder Nancy Franks-Straus joins host Ericka Adler on the #HealthlawHotSpot this week, to answer that question and discuss why estate planning is important for healthcare providers regardless of age, earnings or whether or not you are married or have children. Nancy explains what estate planning entails and the importance of getting one’s affairs in order to plan for unexpected events. Nancy also addresses the misconception that a disability policy alone will fully protect a disabled healthcare worker. Finally, Ericka and Nancy talk about why everyone needs to plan for death and disability and why it’s important to continually review and adjust documents throughout ones’ lifetime.
Social media, especially YouTube is a popular way to promote healthcare practices, so this week on the #HealthLawHotSpot, host Ericka Adler is joined by special guest Dr. Baljinder Bathla, CEO and Founder of Chicago Sports and Spine and host of the Pain Minute Podcast, for a discussion on how physicians can effectively use social media channels to promote and grow their medical specialty and their health care practice. Dr. Bathla shares how he started his YouTube channel, the challenges in filming content, and how he uses the channel as an educational and marketing tool for patients online and in his office. Dr. Bathla describes how his social medial success has been received by patients and other healthcare providers, and how the experience has helped him better connect with patients in person. Finally, Dr. Bathla and Ericka cover some legal challenges that can arise in online and social media marketing and share ideas for how practitioners can use social media successfully in the new year.
Many healthcare providers received waivers and exceptions due to the COVID-19 pandemic, but now with the emergency declaration set to expire sometime in the new year, providers need to ask themselves: What did I change in my practice during the pandemic and what will need to be changed again when the waivers and exceptions expire? Host Ericka Adler is joined by fellow Roetzel attorney, Christina Kuta, for an in-depth discussion focused on what healthcare providers need to consider to make sure they are compliant when waivers and exceptions are no longer in place. Ericka and Christina discuss, among other topics, how these updates will impact telehealth operations, office procedures, and continued Medicaid eligibility, as well as how to be prepared for audits after certain pandemic declarations are lifted.
Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow shareholder Donna Hartl on the #HealthLawHotSpot this week, to discuss what healthcare professionals and their practices should be mindful of when it comes to year-end tax planning. Donna and Ericka provide updates on 2022 tax laws such as charitable deductions, annual gift exclusions, ownership gifting, business interest expenses and pass-through entity tax deductions that will impact healthcare professionals at tax time.
This week on the #HealthLawHotSpot, Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by special guest Justin Harvey, Certified Financial Planner, and founder of APM Wealth. Their discussion focuses on physician contracts from a financial planning perspective, by examining key terms such as compensation, non-compete agreements, disability provisions, benefits and more. This podcast covers the interaction between the legal contract review and the financial advisor’s goal in helping a physician plan for the future and protect his or her personal assets.
Matty McLain, founder and CEO of Boost Bariatrics joins host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, on the #HealthLawHotSpot this week to discuss how Boost builds and manages marketing automation systems for medical practices, specifically those that offer surgery or other procedures where patients shop for doctors and services. Their discussion focuses on the need for marketing automation, how it prevents patients from falling through the cracks, and how it allows for more effective use of physician and staff time. The podcast also covers how medical practices can benefit overall from introducing marketing automation to increase patient volume and to be able to focus on patients who are truly ready to obtain services from the practice.
This week, on the #HealthLawHotSpot host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by special guests Eric Pook and Kelly Moore from Cirrus Consulting Group. Their discussion focuses on the importance of a properly structured lease for healthcare practices and how every provider should take the time to become familiar with the terms of their lease, such as renewal deadlines. They also cover useful tips when renewing or negotiating a lease, and the importance of potentially renegotiating a lease during the sale of a practice to achieve key improvements.
This week on the #HealthLawHotSpot, Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by special guest Anjali Dooley, CEO of the Innovators Law Firm, to provide legal and operational advice for physicians thinking about starting their own practice. Their discussion focuses on how to set-up a successful practice, working with the right team, and planning properly for start-up costs. They also discuss challenges that private practice owners face as well as the benefits of being a practice owner.
In this episode of the #HealthLaw HotSpot, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney, Christina Kuta, for an update on the COVID health law Medicare waivers put into place at the beginning of the COVID-19 pandemic. Their discussion focuses on the types of waivers and misconceptions regarding compliance with Medicare’s “Anti-Markup Rule” during the COVID-19 public health emergency.
Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by special guests Dan Gould and Joel Brodsky from Gould Financial Group, for an in-depth discussion on taking the right steps when operating a healthcare practice if the goal is to one day sell that practice. Their discussion focuses on why physicians and other health care providers should have the right team of advisors, both legal and financial, from the start in order to help build an outstanding health care practice and to address challenges that can arise along the way. Additionally, the podcast covers how important matters such as corporate structure, tax status, billing compliance and even employment agreement language can be when it comes time to sell a healthcare practice.
In this episode of the #HealthLaw HotSpot, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney, Christina Kuta, to discuss the steps that healthcare providers should take when they are being investigated by their state medical board. Their discussion focuses on ways the state medical board can contact providers, why they may be contacted, what providers need to consider when responding to the medical board, and how they can expect the investigation to be handled. Ericka and Christina also discuss helpful “do’s” and “don’ts” when communicating with the medical board.
Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel shareholder David Hochman, and special guest Dan Grauman, Managing Director and CEO of Veralon Partners to discuss evaluating and planning for healthcare practice mergers and acquisitions. Dan Grauman talks about the ongoing trends of consolidation he sees in healthcare, the important role that valuations play, and key points to be mindful of when thinking about an M&A transaction.
This week on the HealthLaw HotSpot, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney James Drake to answer some commonly asked questions healthcare professionals have when it comes to leases. Ericka and James discuss sub-leasing and space sharing arrangements, what tenants and landlords are individually responsible for and what happens if the building is sold while you are still leasing. They also provide best practices and what to watch out for when negotiating a new lease or renegotiating an existing one.
Many of our clients reach out to us with questions regarding a Certificate of Needs (CON) in Illinois, so this week on the #HealthLaw HotSpot host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Christina Kuta and special guest Juan Morado Jr, partner at Benesch, for an in-depth discussion on the subject. Their discussion focuses on explaining what a CON is, when it’s required, along with the process and timeline for applying. Juan also breaks down the differences between a surgical suite and surgery center and provides tips for getting started with the CON process.
Many of our healthcare practice clients have asked how they would go about selling or closing their practice. So, this week host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Lee Levin to discuss what healthcare practices need to think about when shutting down their practice. Ericka and Lee’s in-depth conversation focuses on the different legal issues that may arise and what you need to be mindful of if you are selling your practice versus shutting down and/or retiring. They also discus continuity plan options, malpractice insurance and personal liability as it relates to the closure of the practice and how to ensure a smooth transition.
On this episode of the #HealthLaw HotSpot, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Christina Kuta to discuss laboratory testing investigations related to the COVID-19 pandemic. Their in-depth discussion focuses on investigation outcomes and what these labs have failed to do properly, including having the correct CLIA status and inappropriate billing. Ericka and Christina then provide guidance on what providers should be mindful of if they are involved in COVID testing, along with expectations moving forward.
This week, Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Christina Kuta, and guest Dr. David Friend, a partner at Marcum LLP, for an in-depth discussion focused on the continuing acquisition of private healthcare practices by hospitals, private equity firms or other entities. Their conversation centers around topics that are important to physicians, such as administration concerns, legal issues, and the focus of institutions acquiring physician practices. Dr. Friend also provides key points everyone should be mindful of when thinking of starting the acquisition process.
Anyone who owns a dental or medical practice is at risk for unethical business conduct by a partner, employee, or outside consultant. Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Bill Hiltz, CEO of Hiltz & Associates and creator of Dental Fraud Busters, to discuss unethical business behavior in healthcare practices. Bill brings real-world experience to the discussion and provides advice on how to handle these tricky situations, focusing on red flags to be aware of if you suspect unethical conduct, behavioral cues to be mindful of, and what your options are if you discover unethical behavior within your practice.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by attorney David Adler from the Adler Law Group to address some common mistakes healthcare and dental practices make when marketing their brand, including issues that arise when coming up with a new name, tagline or logo. Ericka and David provide in-depth advice on how to choose a protectable, memorable brand, knowing how to research to ensure your practice name is available and what to do if someone is copying your brand or you receive a cease and desist letter.
Negotiating employment contracts can be tricky, and many physician and dental clients ask the same questions when reviewing their contacts. Host, Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney, Christina Kuta for an in-depth discussion on negotiating an employment contract that works for you and your practice, and what basic terms should be reflected in your contract. Christina and Ericka talk about key terminology that should be included such as call, location and schedule, and reviewing terms and conditions carefully so your expectation of employment is what you understood it to be. They also address concerns to be mindful of including red flags to look for, knowing your exit strategy, compensation and how things have changed since the COVID-19 pandemic.
This week, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Leslee Cohen, founder of All Rise Legal Counsel, to discuss startup companies and issues that healthcare businesses need to think about in order to successfully attract investors and properly document investment relationships. This advice is especially helpful for healthcare providers who desire to enter into non-practice health care related businesses or ventures (telemedicine) or to form or expand MSOs or DSOs with non-licensed business investors. Leslee and Ericka address some common questions clients have when it comes to fundraising, finding investors, the importance of having a solid business plan, and mistakes to avoid.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Sam Zanayed, Vice President of Huntington Practice Finance, to discuss five important financial steps healthcare professionals should follow when they consider acquiring a medical or dental practice. Sam and Ericka stress the importance of outlining your goals and creating a plan, building a solid team, and finding the right practice for your needs. They also talk through key items to be aware of during the appraisal and evaluation process, address terms to be included in your letter of intent, and discuss general finance best practices during the buying process.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney, Christina Kuta, for an in-depth discussion focused on concierge medicine. Christina and Ericka define concierge medicine as it relates to healthcare practices and address what physicians should be aware of before setting up a concierge practice, including the legal and insurance issues to consider. They also define the different types of concierge practices and discuss the important information to review if your practice has already been providing these services.
Many physicians and dentists have a lot of the same questions when it comes to malpractice insurance. What does my policy cover? Is it important to let my carrier know I practice in multiple locations? What happens to my coverage when I leave the practice or am getting ready to retire? Host Ericka Adler, Roetzel Health Law Practice Group leader is joined by guest Sruhad Patel, from the Alera Group to answer these commonly asked malpractice insurance questions. Ericka and Sruhad break down what’s covered under your policy and what’s not; ensuring providers understand what is covered under their policy and some benefits they may not be aware are included. Sruhad and Ericka then discuss how telemedicine has affected polices since COVID, and his prediction related malpractice price trends in the next few years.
What are the legal and business steps to follow when buying or selling a dental practice? What are the important items to address to avoid missteps? Host Ericka Adler, Roetzel Health Law Practice Group leader is joined by guest Todd Erdman, from the Law Office of Todd Erdman, to answer some commonly asked questions when it comes to buying and selling dental practices. They talk through the buying and selling process, the importance of assembling the right team, the significant terms of a letter of intent, and how to deal with unexpected issues that may arise throughout the transaction process.
In this episode, host Ericka Adler Roetzel Health Law Practice Group leader is joined by guest Christen Berman, Managing Director at Redwood Tax Strategy, for an in-depth discussion on the Employee Retention Tax Credit (ERTC) and how it might financially benefit healthcare practices that survived the COVID-19 pandemic. Ericka and Christen talk about what the ERTC is, how it fits in with PPP loans and Cares Act Funds, as well as how your healthcare or dental practice may qualify for this credit. Christen and Ericka will also clear up misinformation surrounding the ERTC and provide some best practice information to make sure you are getting the most out of this tax benefit.
Many professional healthcare practices are unaware of the existence of Research and Development (R&D) tax credits or how to claim them. Is your practice eligible? How do you claim them? Does your accountant even know what they are or how to apply for the credit? Host Ericka Adler, Roetzel Health Law practice group leader is joined by guest Brad Burch, Regional Vice President of Business Group Resources, for an in-depth discussion on the R&D tax credit. Their discussion focuses on how practices may qualify and take advantage of this potentially lucrative incentive.
Many clients ask, what is a contract? Does it need to be a written contract, or can it be oral? How do you enforce a contract when there’s a breach? In this episode host Ericka Adler, Roetzel Health Law practice group leader, and fellow Roetzel shareholder and Business Litigation practice group leader Mike Scotti answer these fundamental contract questions, dive into contract basics, explain the differences between written and oral contracts, and much more. Their discussion is focused around the technical elements of a healthcare contract, enforcing that contract, along with the steps to take and potential consequences when there is a breach.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Christina Kuta for an analysis of the newly enacted “No Surprises Act” (Act), specifically the Good Faith Estimate requirements. This Act, effective January 1, 2022, will potentially affect almost all health care providers, including physicians and dentists. Ericka and Christina look at how providers will be impacted by Act, what steps must be taken immediately to comply with the Act and potential repercussion for those that fail to comply.
In this episode, host Ericka Adler, Roetzel Shareholder and Health Law Practice Group leader is joined by guest Jason Chess, Commercial Banker at Signature Bank, for an in-depth discussion on the financial considerations for health care practices as they look to address their real estate needs. Ericka and Jason provide insights on financing medical or dental practices’ real estate acquisitions, build-outs, expansions and renovations, and they look at how COVID has impacted and will continue to impact commercial lending to professional health practices.
In this episode, host Ericka Adler, Roetzel Shareholder and Health Law Practice Group leader, is joined by fellow Roetzel Attorneys Christina Kuta and David Hochman, Shareholder, to provide guidance on resolutions healthcare practices should be making as they head into the New Year. They break down what practices should be reviewing and updating as they finish year-end planning including: COVID mandates, Stark compliance, HIPPA training, updating employee handbooks, statutory deadlines for 401K plans, medical record audits, and review of practice contracts.
Many medical, dental and other healthcare specialists might not realize that real estate broker services can make a tremendous difference when it comes time to acquiring new space, purchasing a practice (and taking over a lease), or even renewing an existing lease. In this episode host Ericka Adler, Roetzel Health Law practice group leader, is joined by guest Mark Brodson, President and Designated Managing Broker of Resource Commercial Advisors. They discuss how real estate brokers can help health care practices in a wide variety of situations to save money, obtain landlord concessions, or otherwise work out more ideal lease terms. The discussion also addresses what practices might be leaving on the table when they negotiate without a broker.
Many states require medical, dental and other types of practices to be owned by licensed health care providers. However, certain business structures, including using a Management Service Organization (MSO) or Dental Service Organization (DSO), can allow for non-physicians to legally acquire and operate healthcare practices, and to benefit financially. In this episode host Ericka Adler, Roetzel Health Law Practice Group Leader, and guest Larry Elisco, a partner in Wipfli LLP’s healthcare practice, provide insight for when to use and how to structure an MSO or DSO arrangement. They also discuss what to include in drafting a clear and legally compliant management agreement and what to consider when setting the management fees.
Healthcare employers may not realize that the newly enacted Illinois Freedom to Work Act will directly apply to restrictive covenant provisions for existing and new employees, including non-compete and non-solicitation provisions. In this episode, host Ericka Adler, Roetzel Shareholder and Health Law Practice Group Leader, and Adam Hirsh, Roetzel Business Litigation Attorney, analyze how the new law’s restrictive covenant prohibitions, notice provisions, and consideration requirements will affect new and amended employee contracts starting January 1, 2022.
While there has long been a need for more providers in the anesthesiology field, the upheaval in the healthcare industry caused by the pandemic has exacerbated the provider shortage. In this episode, host Ericka Adler, Roetzel Health Law Practice Group Leader, and guest Patrick Flaherty, founder of BagMask.com, provide industry insights on the impact this is having on healthcare providers and patient care. They also look at how the situation was created, analyze the current status, and discuss the outlook for the job market for anesthesiologists and anesthesia providers.
With vaccine requirements being issued by both individual states and various federal agencies, keeping up to date and compliant is a big challenge for employers. In this episode, host Ericka Adler, Roetzel Shareholder and Health Law Practice Group Leader, and Karen Adinolfi, Roetzel Employment Services Shareholder, discuss the different vaccine requirements issued by the White House, CMS and OSHA, analyze their differences, and advise on how to stay compliant when more than one federal and or state requirement apply to an employer.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Faheem Ahmad, Service Manager at Technical Doctors, for a discussion of the importance of HIPAA compliance. Faheem offers important steps to make sure your practice meets the technical requirements of HIPAA and shares his experience about what can go wrong.
Most physicians will be sued for malpractice once or twice during the course of their career, so minimizing their risks and protecting their assets are important. In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined by Ike Devji, founder and managing partner of Arizona Wealth Law and Pro Asset Protection, for a primer on the basics of minimizing financial risk for these high-earning healthcare professionals. Ericka and Ike discuss a three-tiered strategy of asset protection that includes avoiding the harm through clean living and compliant practices, having the correct insurance program, and using legal tools to organize their assets before a crisis occurs.
Healthcare practices, like other small businesses, can fall victim to employee or contractor theft or fraud. However, there are strategies and protocols, particularly financial ones, that can be put into place to reduce the likelihood and incidence of these illegal activities. HealthLaw HotSpot host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Laura Goodman, CPA, partner at FGMK, for a discussion of what can go wrong and reasonable financial steps and tools any medical or dental practice can take to protect the practice.
In this Roetzel HealthLaw HotSpot episode, Roetzel shareholder and Health Law Practice Group Leader Ericka Adler and fellow Roetzel shareholder David Hochman are joined by Damien Martin, partner at BKD CPAs & Advisors for a discussion of how the current tax-related proposals targeting high-income Americans in President Biden’s Build Back Better agenda might impact doctors, surgeons, dentists and other medical professionals. They dive into the how proposed capital gains, income and estate tax changes could impact individuals, when the changes could go into effect, and what everyone should be doing to prepare for these changes.
In this episode of the podcast, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined by Carl White, owner of MarketVisory Group, for a discussion on how a medical practice can avoid the theft and misuse of social media accounts by their own employees. While current or former employees with access to a practice’s social media can cause all sorts of issues from closing the accounts, to posting damaging information and potentially exposing the practice to HIPAA violations, there are some very basic steps a practice can take to avoid these problems. Ericka and Carl look at how deliberately treating the social media accounts as the valuable property they are, and carefully limiting access and ownership to them, will allow the practice to protect itself and its reputation in the future.
Clarifications to the Stark Law concerning the physician compensation for referrals of designated health services (DHS) within a group practice are scheduled to go into effect January 1, 2022. In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader and fellow Roetzel attorney Christina Kuta analyze the newly clarified regulations for pooling and distributing the ancillary income in compliance with Stark.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Christina Kuta for in-depth look at the complex area of physician recruitment agreements. Because of the Stark Law’s prohibition of referrals, these recruitment contracts must fall into the Stark recruitment exception. Further, even when an agreement is in compliance with Stark, there are other pieces of the contract, such as support terms, that physicians need to navigate carefully in order to set themselves up for success.
Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Andrea Winslow, Neurosurgery Recruitment Consultant at Rosman Search, for a look at both the employer and candidate sides of physician recruitment. For employers, they discuss the factors that affect recruitment decisions, including type of practice and reason for hiring, and the requirements of the new position, along with the appropriate compensation package. For the candidate side of the search, they focus on what to look for in a new position, how to analyze the officer holistically, and what red flags a candidate should be aware of to avoid ending up in an unsatisfactory employment position.
Because only licensed health care professionals can hold an ownership stake in a health care practice, there are special considerations for how that asset is handled by a health care professional and his or her spouse before, during and after marriage. In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Lesley Arca, and Attorney Anna Krolikoska, family law attorney and mediator at Anna P. Krolikowska P.C., to take an in-depth look at the unique issues that arise from the ownership restrictions on medical and dental practices.
On August 26, 2021, Illinois Governor J.B. Pritzker signed Executive Order 87, which mandates that Illinois health care workers be vaccinated against COVID-19. In this episode, host Ericka Adler, Roetzel Shareholder and Health Law Practice Group Leader, is joined by Karen Adinolfi, Roetzel Employment Services Shareholder, to provide additional insight on common questions that employers may have regarding the mandate. They discuss the deadline for employees to receive their vaccine, as well as what exemptions would allow an employee to forego the vaccine and provide weekly negative tests instead. They also analyze an employer’s liability in several situations when it comes to enforcing the mandate.
Sales of health care practices to private equity firms remains a very popular option for physicians, dental and other professionals. In this Health Law Hotspot, Roetzel attorneys Ericka Adler and David Hochman are joined by Evgeni Ivanov, tax manager at Wipfli LLP, for a discussion of the process for a successful sale and some of the tax strategies buyers and sellers can utilize to minimize tax consequences and maximize profits.
While as a general rule, employers can mandate the COVID vaccine, or any vaccine, as a condition of employment, there are many caveats to this rule that make this issue anything but simple. Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Karen Adinolfi, a Shareholder in Roetzel's Employment Services group, for a discussion about navigating the complex employment law issues surrounding vaccine mandates. This includes breaking down the two most common challenges to achieving 100% workforce vaccination, effectively accommodating employee disabilities and religious beliefs, along with analyzing how to balance the liability risks of terminating an employee versus potentially exposing patients, customers and clients to the virus.
Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Kate Othus, President of Health Professionals Alliance and CEO of DataDX for an in-depth discussion of how to bring profitability, resources and solutions to private practices so they not only survive as independent practices, but grow and thrive in the future. It’s common for struggling independent practices to lack the resources to hire consultants or a professional management team, so Ericka and Kate examine how a practice can collect and use their own data to increase profitability by focusing on contract optimization, provider credentialing, and growth initiatives, and also take a look at overcoming the compensation challenges for maintaining and attracting talent.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Fiona McEntee, Managing Attorney at the McEntee Law Group, for a discussion of immigration challenges doctors, dentists and other health care professionals face when becoming employed in the U.S. They also take an in-depth look the struggle to attract and keep health care entrepreneurs and their health care innovations in the country under the current immigration system and startup visa options.
Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined again this week by Adam Hirsch, Roetzel business litigation attorney, for Part 2 of an overview of noncompete clauses in contracts with healthcare professionals. In this episode, Ericka and Adam discuss how President Biden’s Executive Order on Promoting Competition in the American Economy, issued on July 9, 2021, may or may not effect current and future non-compete agreements. They look at the timetable for the promulgation of federal rules, analyze the interplay of federal regulations and state contract rules, and examine the validity of existing contracts that comply with current law.
Following a health care practice merger or acquisition, it’s important to remember that there will be significant changes that impact the workforce and the workplace culture going forward. Join host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, and guest Jennifer Fondrevay, Founder of Day1 Ready™, as they discuss why it’s important that all of the parties involved have conversations early and often to set expectations and ensure a successful transition. For additional insight on this topic, please click here: https://jenniferjfondrevay.com/now-what-by-jennifer-fondrevay/ to learn more about Jennifer Fondrevay’s book, “NOW WHAT? A Survivor's Guide for Thriving Through Mergers & Acquisitions.”
Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Adam Hirsch, Roetzel business litigation attorney, for Part 1 of an overview of noncompete clauses and how they are used in contracts with healthcare professionals. Ericka and Adam discuss the importance of carefully reviewing the language of noncomplete clauses for both practitioners and providers for reasonable, targeted restrictions, and also look at the changing legal and healthcare practice landscapes to see how new rulings and technological developments, including the use of telehealth, impact the enforceability of the clauses. In Part 2, Ericka and Adam will cover the recently issued Executive Order that directs the Federal Trade Commission to adopt rules that would ban or limit the use of noncompete agreements.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Doug McKinley, Psy.D. MCC, Managing Principal at Lumina Health Partners and Director of Lumina Leadership Institute, for a discussion on how to resolve conflicts between physicians through the use of productive conflict. Productive conflict is a conceptual mindset of thinking about conflict as a way to achieve organizational alignment and forward action.
One of the most important members of a health care practice's team is its lending partner. This partner can help a physician or doctor start a practice, grow a practice through the acquisition of other practices, equipment or buildings, and also help a practice in financial distress. In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by First Midwest Bank's Senior Vice Presidents of Professional Services Business Banking Mohammed Abunada and Mark Oganovich for an in-depth discussion on how the right lending partner can provide vital assistance in helping a health care practice succeed.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Doug McKinley, Psy.D. MCC, Managing Principal at Lumina Health Partners and Director of Lumina Leadership Institute, for an in-depth look at how physicians can transition to a leadership role in their organization, and why a physician might elect to head down this path. They also discuss the challenges clinicians face on the journey to becoming a leader and the switch in mindset that is needed to become an effective leader, whether such role is assumed by choice or circumstance.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Eric Olmsted, PhD, Partner at Commonwealth Health Advisors, for an analysis of alternative reimbursement models for medical practices that are tied to value-based care. They define value-based care and discuss the primary reimbursement models used, including Accountable Care Organizations (ACOs) and bundled payments, along with looking at direct contracting and price transparency.
More patients than ever admit to choosing their health care providers based on what they read online. This means that false and misleading reviews which appear online can significantly impact a health care provider’s reputation. In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Roetzel litigation attorneys Marc Kallish and Julia Mohan to discuss which type of online reviews are actionable under defamation and libel laws, and what can be done to identify the offending poster, remove the false statements, repair the providers’ reputation, and compensate the provider for reputational damage caused by misinformation and damaging comments.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorneys David Hochman and Donna Hartl for an analysis of the application of the CARES Act's Employee Retention Credits (ERC) to businesses, including medical and dental practices. While initially there were tight restrictions on which employers were eligible to take advantage of this program, the restrictions have been loosened by the IRS. This means that medical/dental practices and other health care entities may be able to take advantage of these refundable credits if their businesses were impacted by COVID-19 restrictions.
In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Chad Beste, Healthcare Advisory Partner at BDO, for a look the role of independent physician practices in health care today. Despite expert predictions of the demise of private physician practices, they continue to thrive today as practices quickly adapt to changing industry developments. Ericka and Chad also discuss future opportunities for practices to increase profitability through site-of-service reimbursement trends and access to better data analytics that will improve quality of care and financial decision-making abilities for private physician practices.
When negotiating their contracts, female physicians often have different priorities, along with a different negotiating style, than their male counterparts. In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Lauren Oschman, Vestia Chief Marketing Officer & Chief Experience Officer, for a discussion on the issues that are most important to female physicians and how they can successfully navigate these negotiations. Female physicians often have a tendency to focus on risk management, including disability insurance to cover future caregiving needs and possible maternity leave, and ensuring that their compensation package aligns with their values. Because female physicians tend to have a natural inclination to lead with questions and listen carefully, with confidence and guidance throughout the negotiation process, they can definitely succeed in negotiating a compensation package that aligns with their priorities.
Investment advisory services offered through Vestia Personal Wealth Advisors, Vestia Retirement Plan Consultants, and Vestia Advisors, LLC. Securities offered through Ausdal Financial Partners, Inc., 5187 Utica Ridge Rd, Davenport, IA. 52807 (563)326-2064. Member FINRA/SIPC. Vestia Personal Wealth Advisors, Vestia Retirement Plan Consultants, Vestia Advisors, LLC, and Ausdal Financial Partners, Inc. are independently owned and operated.
In this Roetzel HealthLaw HotSpot episode, Roetzel attorneys Ericka Adler and David Hochman are joined by Joseph Rossi, Founder & Managing Partner at Joseph Rossi & Associates, for a primer on what you need to know when starting or acquiring a dental practice. The group discusses what the current market looks like for dental practices, explores financing for start-ups and acquisitions, and analyzes possible real estate options. They also talk about different types of non-dental owners, including dental service organizations (DSOs), and discuss the criteria that a seller needs to meet when looking to have their dental practice acquired by a DSO.
Every health care practice should have a solid compliance program in place to identify problems before they significantly impact the practice. In this episode, Roetzel attorneys Ericka Adler and Christina Kuta, along with Elizabeth Hylton, Regional Director for AAPC Services, explain not only why you should have a compliance plan, but also how to successfully establish and implement a robust plan for your specific practice.
In this week’s episode, Roetzel attorneys Ericka Adler and Christina Kuta are joined by Elizabeth Hylton, Regional Director, AAPC for AAPC Services, to discuss how to “keep calm and carry on” when you become subject to an audit of your patient and billing records. The team analyzes the different types of audits you may encounter and provides an overview of the steps you need to take to respond and potential consequences you can expect.
There has been a steady increase in private equity investment in physician, dental and other professional practices over the past few years. In this Roetzel HealthLaw HotSpot episode, Roetzel attorneys Ericka Adler and David Hochman are joined by Craig Caselli, Founder and CEO of Caber Hill Advisors, for an overview of what private equity firms are looking for in the practices they acquire/invest in, and what practices should consider when selling to private equity or collaborating with an investment partner.
In this week's Roetzel HealthLaw HotSpot episode, Roetzel attorneys Ericka Adler and David Hochman are joined by John Gwin, CEO and Founding Partner at The Auctus Group, for a discussion of how the implementation of the right software solutions can serve as tool for growth in health care practices by driving efficiencies in the way a practice works as a team, shares information and manages workflows.
In this episode, Roetzel health law attorneys and HealthLaw HotSpot co-hosts Ericka Adler and David Hochman are joined by George Mayzell, MD, MBA, President of Empowered Healthcare, to discuss physician burnout. In considering why organizations should focus on the rising burnout rates, the panel looks the symptoms and the effects of physician burnout on providers themselves, the organizations they work for, healthcare delivery, and patient safety. Further, the team analyzes the importance of organizations acknowledging, measuring and talking about burnout, in order to put themselves in the best position to begin addressing the problem.
Roetzel health law attorneys and HealthLaw HotSpot co-hosts Ericka Adler and David Hochman are joined this week by Michael Brohman, Roetzel employment law attorney. The team discusses how to handle situations where employees are disrupting your physician or dental practice and how employers can put themselves in the best possible position to defend themselves against potential discrimation and harassment claims.
This week on Roetzel’s HealthLaw HotSpot, Roetzel attorneys Ericka Adler and David Hochman are joined by Lucy Zielinski, Managing Partner at Lumina Health Partners, for a discussion on the changing landscape of physician compensation and reimbursement. This year, many health care organizations are looking to redesign their compensation models. Our panel explores these developments, which, while being driven in large part by the overall industry trend towards value-based compensation, are accelerating this year due to changes to RVUs in the 2021 Medicare fee schedule.
Roetzel health law attorneys and HealthLaw HotSpot co-hosts Ericka Adler and David Hochman are joined this week by Mike Madey, the vice president of business insurance at The Horton Group, in a discussion of malpractice insurance for health care providers. They take an in-depth look at what is covered by a standard policy, and what coverages may need to be added on or supplemented by other types of insurance. They also analyze claims-made vs. occurrence policies, and stress the importance of vetting insurance carriers.
In this episode, Roetzel health law attorneys and HealthLaw HostSpot co-hosts Ericka Adler and David Hochman discuss the impact value-based care is having on providers around the country with Lumina Health Partners Managing Partner Daniel Marino. As the payors look to shift risk to the providers, they are moving to value-based care reimbursement structures that not only take into account the volume of patients, but also the quality of care provided. As the industry looks to identify value and incorporate quality metrics, one thing that is certain is that outcomes matter going forward.
Roetzel Health Law attorney Ericka Adler is joined by Brady Petersen, CFP and Jake Whipp of Larson Financial Group in this episode of Roetzel’s HealthLaw HotSpot. Together, they discuss the importance of financial planning from the beginning through the end of a physician’s professional career. The career path of a physician takes a unique trajectory, as they quickly transition from a negative net worth to a high positive net worth in just a few short years, and with that path comes specific financial challenges, including massive debt, high tax rates and a shorter time frame to save for retirement. Focusing early and seeking advice from professionals who specialize in guiding physicians are key factors in ensuring the financial security and success throughout their medical career.
In this HealthLaw HotSpot episode, Roetzel health law attorneys and co-hosts Ericka Adler and David Hochman, along with Larry Elisco, a partner in Wipfli LLP’s healthcare practice, provide informative guidance for medical practices looking to potentially be acquired by a private equity firm. Private equity firms are interested in these acquisition opportunities, so if an independent medical practice is looking to sell, there are certain steps they should take if they explore this option. Join the team as they discuss how the health care attorneys and accountants can facilitate introductions, ensure seller finances are in order, instruct on practice valuation, and most importantly, help the practice avoid pitfalls specific to the complex transaction of selling a medical practice.
Healthcare practices know they need to be HIPAA compliant, but very few realize that HIPAA compliance applies to their marketing strategies. In this episode, Roetzel health law attorneys and hosts Ericka Adler and David Hochman are joined by Carl White, owner of MarketVisory Group, in a discussion of the more common areas where healthcare practices can cross a “HIPAA line,” including any website or online form where personal health information (PHI) may be collected or revealed, and how to protect themselves.
This week on Roetzel’s HealthLaw HotSpot, Roetzel attorneys Ericka Adler and David Hochman along with Lucy Zielinski, Managing Partner at Lumina Health Partners, discuss how physician practices are doing now and how they can improve upon their performance from last year. As a result of the COVID-19 pandemic, the last 12 months have led to lower patient volumes and decreased revenues for these practices, while at the same time led to the increased adoption of telehealth across most specialties. Adopting new services like telehealth, is a key way practices can grow, along with increasing patient access and satisfaction, and improving management of the revenue cycle. Ericka Adler leads the group discussion of the current issues and obstacles to growth for physician practices as they try to get back on track in the coming year.
- In this episode of the Roetzel HealthLaw HotSpot, hosts and Roetzel attorneys Ericka Adler and David Hochman are joined by fellow Roetzel attorney Donna Hartl for a discussion of frequently asked questions regarding Paycheck Protection Program (PPP) Loans. They provide answers and guidance to questions such as: Who can apply for the Second Draw PPP (PPP 2) loan? Should I apply for a PPP 2 loan if I’m eligible, but do not need it at this time? How can I sell all or part of my business if I have an outstanding PPP loan? What is included in gross receipts for PPP 2 loan? What should I do if I have also received other government aid for payroll during the pandemic, such as HHS money, EIDL money, Medicare Advance money, or IRS employee retention credits?
Hosts Ericka Adler and David Hochman, Roetzel Health Law Attorneys, are joined by J.J. Abbott, owner and creative director at Premiere Creative, for a discussion on the importance of website and web marketing for physicians and dentists in today’s world. The COVID-19 pandemic has led to the accelerated adoption of web searches by even the most technology resistant consumers. J.J. Abbott describes how to create an effective site with content that will not only be compliant with HIPAA and other regulations, but will rank well in search engines, allowing potential patients to easily find a practice’s website and driving new business to the practitioners.
Roetzel attorney Ericka Adler is joined by Aretta Bernard, Roetzel attorney and employment litigation subgroup leader, and Dr. Kevin Trangle, physician, medical director, professor and consultant, to discuss the COVID-19 vaccine issues challenging employers today. These issues include whether or not employers could and/or should mandate the vaccine for employees and, if mandated, what to do if employees refuse to be vaccinated. They explore the legal implications and pitfalls to mandating vaccinations and setting return-to-work protocols depending on the size and type of employer and roles of employees, including possible ADA, GINA, Title 7 and collective bargaining issues.
Attorney Ericka Adler discussed buying or selling your medical or dental practice during COVID.
Attorney Christina Kuta updates on Medicare Advance Payments during the COVID-19 pandemic.
Ericka Adler discusses an important topic for healthcare practices dealing with the novel Coronavirus.
Ericka Adler discusses planning and managing employment contracts for your practice during the novel coronavirus pandemic.
Attorney Lesley Arca reviews best practices for using various background checks in the health care space.
Attorney John Waters reviews the ins and outs of preparing your medical practice for sale.
Ericka Adler reviews the benefits of social media for physicians and health care providers in a complaint way.
Christina Kuta reviews the Top 5 HIPAA compliance tips for Physicians and Healthcare Professionals.