Roetzel HealthLaw HotSpot

In this episode of the HealthLaw HotSpot, Ericka Adler sits down with Lori Cox of AAPC to talk all things healthcare audits. What should you do when an audit letter lands on your desk? Should you review records before sending them? What happens if you disagree with the results or owe money back?  They break down how to respond to audits, when to involve legal counsel and why annual self audits are one of the best ways to protect your practice. If you are a physician, practice manager, or healthcare executive, this is a must watch to reduce risk and strengthen your compliance plan.

In this episode of the HealthLaw HotSpot, host Ericka Adler is joined by Roetzel shareholder Christina Kuta to discuss the growing trend of concierge practices and the initial steps to start a concierge practice. Ericka and Christina explain why choosing the right professional entity matters, how state laws and corporate practice of medicine rules may apply, and the key differences between hybrid concierge practices and cash-only practices. They also cover important compliance considerations for insurance contracts and Medicare, along with essential concierge documents like intake paperwork, patient agreements, HIPAA documents, good faith estimates and informed consents.

In this episode of the Roetzel HealthLaw HotSpot, host Ericka Adler is joined by fellow shareholder Jonna Eimer to discuss concierge practices, how they differ from traditional practices and some of the unique challenges presented in drafting appropriate corporate documents. Ericka and Jonna explain what a concierge or boutique-style, membership-based practice is and why it differs from a traditional medical practice, especially when it comes to governance documents, compensation arrangements and exit strategies. They also discuss how practices handle membership fees, what can happen when a physician leaves and why planning for notice, replacement coverage and insurance can be critical. If you are part of a concierge practice, thinking of starting one or applying standard practice documents to a concierge model, this episode highlights the issues you need to be thinking about.

On this episode of the HealthLaw Hotspot, host Ericka Adler is joined by Roetzel shareholder Christina Kuta to break down what health care providers need to know about holiday gift giving. They explain how federal and state laws apply, what's considered low risk, and how to avoid unintentionally violating kickback rules when showing appreciation to patients, vendors or referral sources.

In this episode of the #HealthLawHotSpot, host Ericka Adler is joined by shareholder Christina Kuta to tackle a timely and complex issue: what healthcare providers should do if ICE agents arrive at their door. The conversation explores recent ICE activity in health care settings, the importance of having a written policy, and how to protect patient privacy and comply with HIPAA regulations. Ericka and Christina share practical advice for staff, discuss legal requirements, and emphasize the need for documentation and legal counsel. Whether you manage a practice or work in health care, you'll find actionable guidance to help safeguard your patients and team.

In this episode of the #HealthLawHotSpot, host Ericka Adler is joined by shareholder and intellectual property attorney Scott Brown to discuss a topic every healthcare business with a website or app needs to understand: Terms of Use and Privacy Policies. Ericka and Scott break down what these documents are, why they matter and how they differ from HIPAA requirements. They also cover common mistakes, legal risks and the simple steps practices can take to protect themselves and their patients online.

In this episode of the #HealthLawHotSpot, host Ericka Adler is joined by Donna Hartl from the firm's Tax Group to discuss why estate planning is essential for health care providers. Donna explains the basics of wills, trusts, and powers of attorney, highlighting how these tools help you avoid probate, protect your assets, and ensure your wishes are honored if you become incapacitated. The conversation also covers unique considerations for health care professionals, such as practice ownership, asset protection strategies, and the importance of keeping your plan up to date as your circumstances change. Topics include why estate planning matters for health care providers, avoiding probate and protecting your assets, planning for practice succession and disability, asset protection strategies including trusts and MSOs, and the importance of powers of attorney for property, health care, and business. Don't let another year go by without reviewing your estate plan, tune in now!

On this episode of #HealthLawHotSpot, host Ericka Adler welcomes Roetzel shareholder Scott Brown for an insightful discussion about protecting your health care practice online. They explore why clear, customized Terms of Use and Privacy Policies are essential for any health care website or app, and how these documents work together to safeguard your practice and your users. Episode highlights include how Terms of Use set rules and limit liability, why Privacy Policies matter and need to be tailored, the risks of using generic templates, and how Privacy Policies differ from HIPAA agreements. Whether you're managing a health care website, offering telemedicine, or building your online presence, this episode offers practical insights to help you create policies that protect your practice and keep you compliant.

In this episode of Health Law Hotspot, host Ericka Adler is joined by Roetzel shareholder Marc Kallish to unpack the hidden legal risks health care professionals face under the Telephone Consumer Protection Act (TCPA). They explore how common communication methods like texts, emails, and calls can trigger costly violations, even when used with good intentions. The episode covers what the TCPA is and how it applies to health care communications, the importance of patient consent and opt-out mechanisms, what qualifies as a "health care exemption" under the law, real-world examples of class action lawsuits and how they escalate, and why insurance often doesn't cover TCPA violations. Tune in to learn how to protect your organization and avoid costly legal consequences that can quickly escalate if left unchecked.

This week on the #HealthLawHotSpot, host Ericka Adler welcomes Roetzel shareholder Jonna Eimer to discuss the essential role of operating agreements in health care practices. Whether you're starting a new practice or reviewing existing documents, this episode offers practical guidance on how to structure agreements that protect your business, clarify ownership and decision-making, and help avoid costly disputes. This episode covers what an operating agreement is—and why every health care practice needs one, how to handle ownership, voting rights, and profit distribution, and what happens when disputes arise, including strategies to avoid costly litigation. Tune in now to gain insights that can help safeguard your practice.

In this episode of the #HealthLawHotSpot, host Ericka Adler and Roetzel healthcare shareholder Christina Kuta break down the latest legal developments affecting hybrid concierge medical practices—those that accept insurance or Medicare while also charging patients a membership or access fee. Topics covered include new Medicare billing codes that could impact how and if practices can charge patients for certain services, why charging cash for certain services might now violate Medicare rules, how commercial insurers are cracking down on access fees and concierge perks, real-world examples of practices losing contracts over fee structures, and tips for staying compliant and protecting your practice. Whether you're running a hybrid concierge model or thinking about launching one, this episode is packed with practical legal insights to help you avoid costly missteps.

In this new episode of the #HealthLawHotSpot, host Ericka Adler is joined by Roetzel litigation shareholder Michael Scotti to explore a growing and deeply concerning issue in healthcare: patients using threats, such as negative online reviews, malpractice claims, or regulatory complaints, as leverage to demand refunds or free services. Together, they unpack the legal and ethical complexities of responding to extortion attempts involving online platforms like Google and Facebook, understanding the difference between defamation and disparagement and how to respond to both. They also discuss navigating HIPAA restrictions when addressing public criticism, knowing when to involve your malpractice carrier or legal counsel, structuring settlements with non-disparagement clauses and patient termination protocols, and handling threats of complaints to state licensing boards. Whether you're a physician, dentist, or healthcare administrator, this episode offers practical legal strategies to protect your reputation, your license, and your peace of mind in an increasingly digital world.   Don't miss this essential conversation on managing risk, protecting your practice, and navigating the legal complexities of patient-provider disputes.

In the latest episode of the HealthLawHotSpot, host Ericka Adler sits down with Treasa Moran, Financial Advisor at Anchor Point Wealth Advisors, to discuss the unique financial challenges and opportunities facing health care professionals. From managing student debt and planning for retirement, to understanding the emotional side of money, this episode is packed with insights for physicians, dentists, and other providers at every stage of their careers. Highlights include how emotions influence financial decisions, building your personal financial advisory team, strategies for budgeting, investing, and protecting your assets and why early planning is key to long-term success. Tune in to gain empowering financial strategies tailored to the health care field.

Join us on the #HealthLawHotSpot as host Ericka Adler and Michael Brohman, shareholder and member of Roetzel's Employment Litigation Group, discuss ADA compliance for medical and dental practices. In this episode, you'll learn about how to handle investigations and action letters from counsel and government agencies related to ADA compliance, and how to properly respond to "form lawyer letters" that question your practice's ADA compliance.  This podcast will also talk about how to make sure your space meets ADA requirements and address common ADA complaints made against practices. Tune in below to learn how to protect your practice and ensure ADA compliance.  

Join host Ericka Adler on the latest episode of the #HealthLawHotspot as she provides essential insights on how physicians and dentists can navigate the termination of their employment agreements. In this episode, Ericka covers the importance of thoroughly reviewing your contract before making any decisions, steps to take if you believe your employer has breached the contract, understanding the consequences of termination, including noncompete clauses and malpractice insurance, and planning your exit strategy to avoid any financial surprises. Tune in now to stay informed and ensure a smooth transition when leaving your current practice.

Join host Ericka Adler and Roetzel shareholder Christina Kuta on the #HealthLawHotSpot for an in-depth analysis of recent changes in Illinois law pertaining to the licensing of Behavior Analysts (BA) and Assistant Behavioral Analysists (ABA). This episode addresses the new state licensing requirements, the mandate for BA or ABA service providers to establish professional corporations or professional limited liability companies by January 15, 2027, and the implications of this law change for existing practices that employ BAs and ABAs. Ericka and Christina also discuss the legal guidance being offered by the Illinois Department of Financial and Professional Regulation on this new law, conflicting interpretations, and how legislative changes could help to resolve these conflicts. Tune in to gain insights into how these legal developments may impact your practice.

On the latest episode of the #HealthLawHotspot,  host Ericka Adler is joined by David Adler, President and Founder of the Adler Law Group, to discuss various legal tips and strategies for choosing a name and brand that will help your practice stand out.  David emphasizes the importance of creating a strong brand that resonates across different types of communication and explains the process of choosing a strong and distinctive brand, highlighting the differences between generic, descriptive, arbitrary, and fanciful names.   David and Ericka also cover the steps involved before you select a brand name, including checking state and federal trademark databases, and the need to regularly search and confirm your unique use of the name.   Finally, Ericka and David discuss legal implications of using a name that is too similar or the same as another practice's name, and how to respond if your practice is accused of using a name belonging to someone else or if you believe someone else is using your protected brand.

Disputes among partners or shareholders can significantly impact a healthcare practice. On this week's #HealthLawHotSpot, host Ericka Adler and Roetzel attorney Hillard Sterling discuss the law and practical steps for addressing these disputes and ideally preventing them from escalating into lawsuits. These practical steps highlight the importance of engaging in early legal intervention and preparing clear and strong corporate documents in the first instance. Hillard explains what leads to litigation and outlines three general resolution paths: negotiated settlement, judicial disassociation, or LLC dissolution. Learn why a robust operating agreement is crucial and how early legal advice can save substantial time and money.

On this episode of #HealthLawHotSpot, Ericka Adler and fellow Roetzel attorney Christina Kuta discuss the potential pitfalls and best practices in dispensing GLP-1 medications. Christina shares her insights on the surge in demand, the concerning shortcuts being taken due to shortages, and the critical questions surrounding who is prescribing and dispensing these medications. They explore the state and federal regulations governing distribution, including the nuances of online services, interstate pharmacy relationships, and the crucial requirement of proper licensing for those dispensing to patients. Ericka and Christina also address the rise of compounded GLP-1 drugs, the potential risks associated with non-FDA approved alternatives, and the importance of verifying the integrity and quality of medications. Finally, the podcast covers the need for thorough staff training and maintaining accurate patient records as it relates to all medications being dispensed.   If you're a provider considering offering GLP-1 drugs or even if you are a patient concerned about the source of your medications, this episode is a must-listen.

In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with HR expert Debbie Rabishaw, founder of Next Step Advisory, to explore the critical role of human resources in health care practices. Debbie shares her insights on why having robust HR support is essential for small and mid-sized health care businesses. Listeners will learn about the significance of HR compliance in daily operations, including payroll management and employee classification, and why many professionals may underestimate the complexities of HR. Debbie and Ericka highlight the fine line between needing HR support and legal assistance, emphasizing the importance of having a comprehensive employee handbook and policies in place to mitigate risks. The conversation delves into the unique challenges faced by health care practices, such as maintaining employee certifications, mandatory HIPAA training, and conducting appropriate background checks. Ericka explains how addressing these issues upfront can prevent legal complications and save costs in the long run. With a focus on talent acquisition and creating a positive workplace culture, Debbie provides practical advice on crafting effective job descriptions, setting realistic expectations, and fostering open communication. She also addresses common workplace issues like harassment and mistreatment, offering strategies for confronting bad behavior and ensuring policies apply to everyone, including practice owners and managers. As we navigate the complexities of small health care practices, Debbie's strategic growth insights will help listeners understand the importance of aligning HR strategies with business goals for sustainable growth. Finally, we touch on how effective HR management can impact succession planning and the future sale of a practice.