Healthcare

Health Law and Healthcare Transactions

Clausen Miller’s attorneys draft and review physician employment contracts, form physician entities and arrange for the merger or purchase of practices.  Our attorneys can assist either party in transactions between physicians and between physicians and hospitals.  Existing contracts can be analyzed for statutory requirements or, if necessary, enforcement. 

Clausen Miller’s attorneys can analyze office practices and contracts for regulatory compliance before potential legal issues develop.  As everyone who provides patient care knows, regulatory applications and compliance require constant vigilance.  Comprehensive statutory checklists are available to review with clients at any stage in the analysis process. 

Serving the needs of their patients leaves no time for physicians  to keep abreast of statutory and contractual requirements that affect their businesses.  Besides drafting contracts for physician employees, Clausen Miller provides guidance in a variety of areas, including office based surgical center regulation, billing and reimbursement issues, HIPAA compliance, and disciplinary defense.

Advice is available on the following matters and regulations:

  • Advertising 
  • Americans with Disabilities Act (ADA)
  • Anti-Kickback Safe Harbor Regulations
  • Antitrust
  • Department of Health and OPMC
  • Disciplinary Matters Emergency Medical Treatment and Active Labor Act (EMTALA)
  • Employment Contracts
  • Entity Formation
  • External Review
  • Fee Review
  • Fee Splitting
  • Hospital Credentialing
  • Hospital Privileges
  • Immigration Reform and Control Act
  • Informed Consent
  • Licensing
  • Medical Assistants
  • Medical Records
  • National Practitioner Data Bank
  • Occupational and Safety Health Administration (OSHA)
  • Peer Review
  • Purchase & Sale of Practices
  • Reporting Requirements
  • Retirement
  • Stark I, II
  • Subpoenas and Record Requests
  • Terminating Physician-Patient Relationship
  • Worker’s Compensation

 

Risk Management Analysis

Drawing upon their knowledge in Hospital Risk Management, Healthcare Law, and Medical Malpractice, Clausen Miller’s attorneys provide valuable risk management analysis services to the following healthcare providers:

  • Hospitals 
  • Ambulatory Centers 
  • Office Based Surgical Centers
  • Independent Physician Offices
  • Group Practices
  • Nursing Homes
  • Human Donor Storage Facilities
  • Laboratories
  • Offsite Medical Billing Companies
  • Patient Transportation Companies

Clients can choose the areas of focus for analysis or request a comprehensive review to find areas for potential litigation risk.  Clients typically have litigation avoidance as a primary target, but the following areas can also be targeted:

  • Accreditation
  • Patient Privacy
  • HIPAA Requirements 
  • Medical Charting
  • Ongoing Litigation Analysis
  • Existing Contracts With Vendors, Health Maintenance Organizations and Insurance Companies

After analysis, clients receive a full report of areas requiring attention along with suggestions, drafts, formats, models, and, when necessary, software to reduce risk and/or streamline patient processing and treatment.  The client may then request installation of the proposed changes by Clausen Miller.

Benefits include a reduction in activities that potentially generate litigation.  By-products include: enhanced record keeping, more accurate patient processing, and better provider relationships with patients. 

To get started, request a meeting and a draft retention agreement from a partner.