On November 1, certain Texas hospitals must comply with an Executive Order issued by Governor Greg Abbott on August 8, 2024 (Order), requiring them to document medical costs related to the care of individuals without legal immigration status. Governor Abbott provided the following statement explaining the reasoning behind his Order: “Due to President Joe Biden and Vice President Kamala …
Texas Challenges Biden Administration’s Minimum Staffing Mandate in Court
Previously published in Healthcare News The State of Texas filed a lawsuit against the Biden administration on August 16, 2024, seeking to vacate a rule requiring nursing homes that receive federal funding through Medicare and Medicaid to meet certain minimum staffing requirements. The lawsuit alleges that because 97% of all nursing homes participate in these programs, the Final Rule …
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Healthcare in Crisis: Exploring Immigration as a Vital Solution for the United States
Previously published in Healthcare News and Healthcare Michigan. A recent commentary offers a stark glimpse into future healthcare demands (Harris & Marshall, 2024). During the first two years of the pandemic, the U.S. economy saw a loss of 400,000 workers in residential care facilities and nursing. Presently, there remains a shortage of approximately 130,000 workers …
Practice Buy-Sell Agreements: Drafters Beware
Originally published in Healthcare Michigan, Volume 41, No. 5 My prior article addressed tax issues in repurchasing equity in physicians and other practice groups. This article provides information about drafting buy-sell agreements for practice entities that include provisions for repurchasing equity from owners. These agreements limit an owner’s ability to transfer equity and require its sale …
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Navigating Noncompetes in Health Care: Understanding the FTC’s Impact
Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care professionals and organizations. This article encapsulates the insights from that conversation. Understanding Noncompete Agreements Noncompete agreements have long been a fixture …
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A State-Based Cure – Interested Government Agency J-1 Waivers for Physicians
Originally published in Healthcare Michigan, Volume 41, No. 1 Recently, the president of the American Medical Association, Jesse M. Ehrenfeld, MD, stated in a national address that the physician shortage long-feared is here and that “It’s an urgent crisis…hitting every corner of this country—urban and rural—with the most direct impacting hitting families with high needs and limited …
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Top Issues in Negotiating Physician Employment Agreements
Originally published in Healthcare Michigan, Volume 40, No. 12 Successful negotiation of physician employment agreements requires a careful balance of the objectives of the prospective employer with those of the prospective employee while ensuring that the negotiated agreement complies with the federal and state laws that apply to agreements of this type. The prospective employer wants …
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Major Nursing Shortages? Foreign National Nursing Intervention as a Plan of Care.
Originally published in Healthcare Michigan, Volume 40, No. 11 The nursing profession’s vital signs are unstable and require an intervention. The single largest occupation of health care workers is Registered Nurses (RN). It is also the fifth largest profession nationally.[1] Yet the nursing profession is facing extreme shortages as the need for health care workers grows. Specifically, …
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Value-Based Care Ushers in a New Era for Primary Care Providers
Originally published in Healthcare Michigan, Volume 40, No. 10 In an age of highly polarized opinions, there is a common consensus to address the rapidly rising health care costs in the United States. Research shows that the US average gross national product for health care costs is 17.1% while the rest of the world average is …
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Physician Recruitment: How Hospitals Can Comply With Stark Law While Recruiting Top Talent
Originally published in Healthcare Michigan, Volume 40, No. 8 Hospitals play a vital role in ensuring the well-being of communities by recruiting and employing skilled physicians. However, physician recruitment in compliance with the Stark Law can be a complex task for hospital administrators, especially as hospitals and medical practices face an average 7.6% annual physician …