Frequently Asked Questions on the Certificate of Need Process for Surgical Services

Michigan is among many states that require entities to obtain a Certificate of Need (“CON”) before performing most surgical services. While a CON is just one out of several legal and regulatory requirements that must be addressed in these situations, the process of applying for and winning approval of a CON from the Michigan Department …

Recent Case Serves as Reminder to Take Care in Structuring Sales of Physician Practices

By: Ralph Levy, Jr. Physicians Should Carefully Review Documents to Verify Information Accurately Reflects the Desired Structure of the Sale. Over the past few years, hospitals, health systems, and practice management companies have increased their efforts to acquire physician practices. Moreover, physician groups are increasingly interested in selling their practices to these interested purchasers. The …

So You Want to ‘Make Partner’: A Word Of Warning to Junior Professionals, Watch What You Wish For

  by Ralph Levy, Of Counsel Nashville Office 615.620.1733 rlevy@dickinsonwright.com   Group medical and dental practices often look to expand their practices by hiring additional professionals, typically those with less experience than the equity owners of the practice group. Invariably, both the group practice and the potential new hire will insist on an employment agreement …

Expansion of Practice Autonomy of Physician Assistants Summary

This blog summarizes the original article written by Brian Fleetham.  For more information, please read the entire article that will be published in mid-February for the Kent County Medical Society quarterly newsletter, Winter 2017.  As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature …

What Physician Practices and Other Healthcare Providers Need to Know About the Posting and Grievance Obligations Set Forth in the Section 1557 Final Rule

By Rose Willis Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability. Recently, the Federal Office for Civil Rights (“OCR”) issued a Final Rule clarifying existing nondiscrimination requirements and setting forth new standards implementing Section 1557 (the “Final Rule”). Among other things, the …

Dickinson Wright’s Healthcare Practice Ranked in Modern Healthcare’s Largest Law Firms List

Dickinson Wright PLLC is pleased to announce that the firm’s healthcare practice group is ranked 35 on Modern Healthcare’s Largest Healthcare Law Firms list. Dickinson Wright is the only Michigan-based law firm represented on the list. The list appears in the June 27th issue of Modern Healthcare. Dickinson Wright’s healthcare practice group includes more than …

Analysis of New Timeshare Arrangement Exception to the Stark Law – Part 2

By Marki Stewart In a previous post, we analyzed the new Timeshare Arrangement exception to the Stark law that CMS proposed and went into effect on January 1, 2016. Here we give an example of how the new timeshare arrangement exception works as it relates to rental of office space. Client’s Block Lease A client …

Analysis of New Timeshare Arrangement Exception to the Stark Law – Part 1

By Marki Stewart On July 15, 2015, the Centers for Medicare & Medicaid Services (CMS) proposed a series of rules that would create new exceptions to the Stark law, in addition to clarifying other provisions of the Stark law. One of the newly created exceptions is for “Timeshare Arrangements.” (effective January 1, 2016). This exception …

Physician Compliance Programs: What you need to know about the Final 60-Day Rule

By Rose Willis The 60-Day Rule was enacted as part of the Affordable Care Act on March 23, 2010 and generally requires a person who has received an overpayment to report and return the overpayment by the later of (i) the date which is 60 days after the date on which the overpayment was identified; …

3 Things to Consider When Dealing with Bundled Payments to Providers

By Ralph Levy The Centers for Medicare & Medicaid Services (CMS) has traditionally paid health care providers separately for each of the individual services they furnish to beneficiaries for a single illness or course of treatment. This approach to payments rewarded a quantity versus quality of care and could result in fragmented care with minimal …