Category: Legal Watch
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Is a Physician Leaving Your Practice? Here are Your “Must Have” Employment Agreement Provisions (Part I)
The following is the first installment of a three-part series discussing important provisions in physician employment agreements. When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. During the final weeks of employment, the departing physician can…
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IRS: Watch Out for Dangerous W-2 Phishing Scam
WASHINGTON — The Internal Revenue Service, state tax agencies and the tax industry issued an urgent alert today to all employers that the Form W-2 email phishing scam has evolved beyond the corporate world and is spreading to other sectors, including school districts, tribal organizations and nonprofits. In a related development, the W-2 scammers are…
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Fraud and Abuse Investigations Should Be Taken Very Seriously
Editor’s Note: Burr & Forman LLP is sharing this information as a partner with the Medical Association and would like physicians to understand that the federal government is being vigilant with all health care fraud and abuse investigations. If you have questions concerning the content of this article, please contact Jim Hoover of Burr &…
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What You Need to Know About Section 1557: The ACA Nondiscrimination Provisions
The Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Section 1557 builds on long-standing Federal civil rights laws: Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation…
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So, How Do I Comply with HIPAA?
Editor’s Note: This article was originally published in the 2016 Spring Issue of Alabama Medicine magazine A physician client recently asked me a seemingly simple, straightforward question: “So, how do I comply with HIPAA?” The answer, unfortunately, is not as simple and straightforward as the question. HIPAA (i.e., the Health Insurance Portability and Accountability Act)…
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Physicians: Be Cautious When Responding to a Subpoena or Request for Medical Records
Editor’s Note: This article was originally published in the 2016 Summer Issue of Alabama Medicine magazine Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information. It is a huge mistake for physicians…
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Recent Changes to the Federal Stark Law
Editor’s Note: This article was originally published in the 2016 Winter Issue of Alabama Medicine magazine Most physicians are aware of the Federal Stark Law and the limitations it places on a physicians’ ability to enter into financial relationships with potential referral sources. Can I refer patients to the physical therapy practice I own? Can…
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The New Capitated System: How Do Physicians Respond?
Editor’s Note: This article was originally published in the 2015 Winter Issue of Alabama Medicine magazine On May 17, 2013, Gov. Robert Bentley signed into law Act 2013-261, Ala. Code Sections 22-6-150 et seq., which changes the Alabama Medicaid System from a fee-for-service to a managed care program (the “Act”). This will dramatically change the…