Private equity continues to be more a part of the healthcare landscape. The data held by PE-backed medical practices is highly valuable due to its scope, sensitivity, and regulatory implications. Privacy issues and ownership disputes can complicate transactions if handled improperly. PE-backed entities often face difficult questions about who controls and owns the data, but…
Even after you finally close a health care acquisition, you need to understand the potential for post-closing liability. Once everything seems “done,” you need to consider ongoing regulatory and financial obligations. Buyers and sellers continue to remain obligated after the close of the transaction, and many deals may create ongoing relationships. Knowing how post-closing liability…
Franchising is increasingly popular, even in healthcare. National brands or investors offer new resources, recognizable names, and much more. In New York, however, there are strict corporate practice of medicine (CPOM) rules and other regulations that make things a little less simple. While franchising can still be an incredible opportunity, there is a compliance minefield…
New York’s Hudson Valley, like the rest of the state and country, has seen the effects of private equity in healthcare. PE continues to reshape how things work, how they are managed, and laws that work to regulate these transactional relationships. Investors are getting involved in medical practices and healthcare technology firms, changing longstanding traditions…
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…