Posted by on December 29, 2016

In reflection on my year during this holiday season, I am grateful for the ability to represent some of the most talented and hard-working physicians in the country. However, I cannot help but feel compassion for some of the providers who face harsh and seemingly unjust consequences for minor mistakes. A perfect example is the physician whose Medicare enrollment status is revoked or voided by its regional contractor.

Posted by on December 08, 2016

Physicians, among millions of other concerned Americans, are anxious to see how they will be affected by President-elect Donald Trump's cabinet appointments and policy choices. The transfer of power is particularly nerve-racking in the healthcare industry, given that Trump has been inconsistent with his views on the Affordable Care Act. What can physicians expect during the next four years under President Trump (in addition to the lavish gold "TRUMP" insignia at their local hospital)?

Posted by on August 25, 2016

Imagine a world where there were no physician self-referral laws. Would physicians change their current ownership and compensation arrangements? Would fraud and abuse in healthcare rise? Would administrative burdens and costs decrease, allowing for an increase in compensation and decrease in healthcare costs? In recent hearings conducted by the Senate Finance Committee, physicians and other industry stakeholders sought not just to revamp the Stark Law, but to fully repeal it.

Tags: Compliance, Referrals, Stark
Posted by on December 10, 2014

On July 5, 2014, New York Governor Andrew Cuomo signed New York’s Medical Marijuana bill into law, making New York the 23rd State to legalize the medical use of marijuana. New York’s law, commonly referred to as the Compassionate Care Act, is described by commentators as one of the safest and most closely regulated medical marijuana programs in the United States. The Compassionate Care Act sets forth comprehensive guidelines for the prescription, cultivation, consumption and dispensing of medical marijuana. These guidelines will be supplemented by regulations promulgated by the New York State Department of Health (“DOH”). Such regulations are expected to be finalized within 18 months from the enactment of the Compassionate Care Act.

Posted by Michael Gurman on July 22, 2014

General Overview. The current marketplace has shown an emerging trend whereby small physician practices can no longer sustain their profits unless they are willing to take advantage of economic efficiencies. With the implementation of more regulations and the decline in reimbursement rates, two popular ways for physicians to maintain their income level are to: (1) “sell” their practice to a hospital and become employee; or (2) merge with other physician practices and create a larger group practice (sometimes referred to as “Mega-Groups” or “Super Groups”). Each of these solutions has its benefits, but the main difference between them is autonomy. By avoiding the sale of a practice to a hospital, physicians are able to remain their own boss. Furthermore, the physicians are able to grow their practice and increase revenue. However, with a sale to a hospital, each physician is limited to a salary which does not increase based on the volume or value of services performed. In addition, physicians can add withdrawal or buy-out provisions to the Mega-Group organizational documents which allow the physicians to receive a payment when they desire to retire from the practice of medicine.

Posted by on July 15, 2014

M&A Activity in the Health Services space is a hot area for the buying, selling and investment in Healthcare Providers by competing businesses, investors and private equity groups. Healthcare Providers, such as hospitals, managed care facilities, post-acute care facilities, physician practices, nursing homes and ambulatory centers, are motivated in selling their Health Services Businesses for various reasons, including:

Posted by on July 07, 2014

The Supreme Court decision in United States v. Windsor struck down the Federal Defense of Marriage Act (“DOMA”), holding that the controversial statute impressively “writes inequality into the entire United States Code.” The historical decision has had an infinite ripple-effect into various aspects of state and Federal law, including the Federal physician self-referral law, commonly referred to as the “Stark Law.”