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Services to Health Care Practitioners

The high-profile criminal trial and conviction of Conrad Murray, M.D. in 2011 for the homicide of Michael Jackson provided a prime example of how health care practitioner liability can result from inappropriately prescribing medications, omitting to properly warn patients of the effects of their medications, failing to obtain proper patient consent to treatment, and other activities that do not require malicious intent or ill will. Now more than ever, health care professionals must put into place the preventative measures necessary to avoid criminal and civil liability. We provide the following services to members of the health care industry:

  • Health care compliance counseling on local, state, and federal statutes, rules, and regulations, including:
    • Controlled Substances Act (CSA)
    • Drug Addiction Treatment Act of 2000 (DATA 2000)
    • Food and Drug Administration Amendments Act (FDAAA)
    • Food, Drug and Cosmetic Act (FDCA),
    • Health Insurance Portability and Accountability Act (HIPAA)
    • Mental Health Parity and Addiction Equity Act of 2008 (Equity Act)
    • Patient Protection and Affordable Care Act (ACA)
    • Physician Payments Sunshine Act
    • Prescription Drug User Fee Act (PDUFA),
    • Public Health Services Act
  • Federal and state fraud and abuse counseling, including:
    • Anti-Kickback Statute
    • Criminal Health Care Fraud Statute
    • False Claims Act
    • Physician Payment Sunshine Act
    • Stark Law
  • Standard of care analyses and best practice recommendations from a legal perspective

Additionally, health care professionals face a growing number of business issues in the ever-changing health care field. We provide the following services to practitioners:

  • Corporate structuring and reorganization
  • Corporate governance for health care organizations (for profit and not-for-profit), including advice to boards of directors in the exercise of their fiduciary duties, management of conflicts of interest, and activities related to recruitment and compensation
  • Risk management assessments for prescribing controlled substances
  • Privacy and security compliance review, recommendations, and training
  • Business contracts, including managed care contracting and contract enforcement, noncompetition agreements
  • Operational issues relating to patient care, reimbursement, billing, consents, insurance, and information systems
  • Physician relationships, including employment agreements, medical director agreements, professional service agreements, space and equipment leases and creation of joint ventures