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…
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….
Healthcare transactions, especially mergers and acquisitions (M&A), are complex undertakings that require meticulous legal planning, regulatory navigation, and strategic foresight. Whether you are a hospital system expanding its footprint or a private equity firm acquiring a specialty practice, understanding the legal framework governing healthcare transactions is essential to mitigate risk and ensure compliance. The healthcare…
As healthcare costs rise and administrative burdens increase, a growing number of physicians are choosing to opt out of traditional insurance networks. By operating outside of Medicare, Medicaid, and private insurance plans, these providers aim to simplify billing, reduce overhead, and offer more personalized care. However, opting out of insurance is governed by strict legal…
Alternative Dispute Resolution (ADR) has become an increasingly vital tool in resolving healthcare disputes efficiently, privately, and cost-effectively. As litigation costs rise and regulatory scrutiny intensifies, healthcare providers, payers, and patients are turning to arbitration and mediation to settle conflicts without the burdens of traditional court proceedings. Understanding the structure, benefits, and limitations of ADR…
The only psychedelic substance which can be prescribed by New York providers at this time is ketamine (for off-label use) and Spravato (which only includes the esketamine molecule). While Spravato has been approved by the FDA for treatment of depression, ketamine is not currently FDA approved for such treatment. New York providers are prescribing compounded ketamine to…
This is an exciting time for mental health professionals (and for health law attorneys) in New York! Following on the heels of Colorado and Oregon, New York currently has a number of bills pending which would legalize psychedelics for therapeutic use and also legalize the personal use of certain natural plant or fungus-based hallucinogens. These…
Mobile diagnostic units provide benefits for both referring physicians and their patients. They allow referring physicians to provide diagnostic services to their patients in the convenience of their own office, thereby saving their patients the trouble of traveling to another location for diagnostic tests. A common arrangement with respect to mobile diagnostic units is the following: The reading physician…
If you are a New York healthcare provider and you have received a letter from an insurance company alleging that you have been overpaid for certain services, you should understand your rights under the law. The New York Insurance Law provides protections to healthcare providers and sets limitations on the scope of recoupment efforts by…