For physician practices, integrating non-medical services like nutrition counseling, wellness programs, or aesthetic treatments can improve revenue and patient experience, but also come with associated legal challenges. New York has some of the strictest Corporate Practice of Medicine (CPOM) laws in the United States, so it is important to know what you can and cannot…
As a doctor, when you leave your current practice, you may have questions about when you are allowed to compete somewhere else. What restrictions or non-compete agreements must you follow, and are they actually enforceable? Every situation is different. The healthcare transaction attorneys at Daniels, Porco & Lusardi, LLP are here to consult with you….
Artificial intelligence (AI) seems to be infiltrating every area of our lives, and healthcare compliance is no exception. As new technologies emerge to help with billing, documentation automation, and more, healthcare entities must stay abreast not only of the opportunities presented by AI, but also the potential legal challenges. The healthcare transaction attorneys at Daniels,…
More and more practices are private equity backed. The question this raises is: who actually controls my practice? Doctors may still be the licensed professional in charge of many decisions, many others are now co-opted by the management service organization. These complex business structures can seemingly rob you of the control you are used to….
The recent Aspen Dental settlement has created new questions and lessons about non-competes in the healthcare industry. The 2015 Aspen Dental settlement with the New York Attorney General illustrates how management companies can violate corporate practice laws when using non-compete agreements. Aspen paid $450,000 and agreed to stop controlling clinical decisions, finances, and employment of…
Regulations are a difficult thing to manage at times, especially when dealing with high-value medical transactions. These acquisitions often include arrangements like large equipment purchases, joint ventures, or mergers and acquisitions. Recognizing potential red flags can help you avoid problems when engaging in medical transactions. Let an experienced attorney help you identify potential problems with…
Private equity continues to become more popular throughout the years. Physician practices are often prime targets for private equity investors. This can include anything from ophthalmology, orthopedics, and even primary care physicians. While there are many upsides to partnering with private equity firms, there are also tricky financial, ethical and legal considerations you must take…
Healthcare transactions face many regulatory and legal hurdles. You face the intersection of three different main laws in this area. The Stark Law, False Claims Act, and the Anti-Kickback statute place significant restrictions and possible penalties on your healthcare transactions. Knowing how these laws overlap and work together can help you avoid significant legal penalties….
The Federal Trade Commission continues to increase its scrutiny of healthcare mergers and acquisitions. Consolidation in the hospital and medical industry continues to up its pace. Regulators are taking a much more scrutinizing look at these transactions to avoid reduced competition and impacts to patient care. However, you can still move forward if you have…
Selling a medical practice or attracting outside investment is a pivotal moment in a physician’s career. Whether you are planning for retirement, seeking growth capital, or exploring new partnerships, preparing your practice for sale or investment requires careful planning, legal experience, and operational readiness. The healthcare attorneys at Daniels, Porco & Lusardi, LLP can help…