Legal and practical healthcare information.
Healthcare industry mergers and acquisitions can take on many shapes and sizes dictated by various regulatory and business law issues, but common to all such transactions is the Target’s obligation to make healthcare representations and warranties to the Acquiror. Representations and warranties (R&Ws) in general are heavily negotiated aspects of the parties’ agreement, and their …
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As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes many forms. For example: Employer Client: “I don’t want to prevent someone from working, so I just have my …
We owe a tremendous debt to the healthcare worker battalion, who fought, and continues to fight, to save lives globally during this pandemic. It is important to consider that while the COVID-19 pandemic has underscored the severe healthcare worker shortages globally, we are now facing an increasing percentage of burnout departures in the industry. For …
Continue reading “A Call for Rational Immigration Reforms to Address Critical Healthcare Shortages”
Taxpayer losses in two recent Tax Court cases serve as reminders that physician and other incorporated medical practice groups should take care in the “zero out” approach to the payment of compensation to the group’s owners and that success in this area may depend on whether the practice is organized as a “C” corporation or …
Continue reading “IRS ATTACK ON THE “ZERO OUT” IN RECENT TAX COURT CASES”
Minimally invasive cosmetic medical services are on the rise and in high demand. With their recent popularity, many licensed cosmetologists and estheticians are looking to offer these cosmetic medical services to their existing customers. Midlevel medical providers, such as registered nurses, advanced practice nurses, or physician assistants often desire to leverage their medical experience to …
Continue reading “Medical Spas: Common Legal Pitfalls to Avoid”
Ralph Levy is Of Counsel in the Health Care practice at Dickinson Wright, assisting and advising entrepreneurs and owners of closely-held businesses in operationalizing their business plans, including the estate planning, business succession and tax planning issues thereof. He has over 40 years of experience in counseling clients in the Health Care arena both in …
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Erica Erman is an attorney at Dickinson Wright PLLC, practicing health care law with a particular interest in behavioral health care and interactions between municipal law and health care law. Her work includes handling administrative hearings, counseling clients with issues related to HIPAA compliance, Stark and AKS, state licensing, contract drafting, and health care business …
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Perhaps one thing we can agree on in discussing the healthcare industry: it is in a state of distress stemming from the challenges created by an ever-increasing regulatory burden, changes in reimbursement rates, uncertainty with the Affordable Care Act, mounting tort and employment litigation. The recent rampant growth of urgent care centers and retail clinics …
Continue reading “Blessings in Disguise: Hidden Opportunities in Healthcare Bankruptcies”
As another year of medical residency registration begins across the U.S., J-1 physicians in their final year of training find themselves at a critical crossroads: they can return to their respective home countries at the conclusion of their training, as required by Section 212(e) of the Immigration and Nationality Act (INA), or they can attempt …
Continue reading “J-1 Conrad Waivers: Should I Stay or Should I Go?”
The Trump administration proposed a budget increase of 19 million to aid in the fight against health care fraud. This showcases the continued (and heightened) importance of anti-fraud programs, especially compared to the suggested $18 billion in cuts to other health-care related programs. If approved by Congress, the budget increase will result in an increase …
Continue reading “The Trump Administration Proposes a Budget Increase to Fight Healthcare Fraud”