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Roetzel HealthLaw HotSpot

Author: Roetzel & Andress, LPA

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The Roetzel HealthLaw HotSpot is a podcast for physicians and health professionals that covers the legal issues and trends that affect the health care industry.

The Roetzel HealthLaw HotSpot Podcast is made available by the Firm and its attorneys for educational purposes and to provide general information, not to provide specific legal advice. Use of the Roetzel HealthLaw HotSpot Podcast does not create an attorney-client relationship between you and the Firm or any of its attorneys. The Roetzel HealthLaw HotSpot Podcast should not be used as a substitute for competent legal advice and you should contact an attorney in your state about any legal needs or questions you may have.
121 Episodes
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Join host Ericka Adler on this episode of #HealthLawHotSpot as she shares key advice with residents and fellows who are reviewing a contract for the first time.  Ericka highlights six major strategies for practitioners to consider, from researching the employer, fighting for key points and understanding the exit strategy.  Although Ericka shares pointers for new physicians, she makes it clear that the same advice applies to all healthcare providers seeking guidance and to ensure the best possible outcome in their contract negotiations.
Healthcare billing is a complex and ever-changing field. In this episode of the #HealthLawHotSpot, host Ericka Adler talks with Brian Nelson and Deena Wojtkowski from Ebix, Inc. about what healthcare providers should look for when hiring a billing service. They discuss the most important factors to consider, the latest trends in healthcare billing, and what billing services can offer to help healthcare providers avoid audits and keep up with industry trends. Brian and Deena also share real-world situations that Ebix is seeing in the healthcare industry, including how they handle compliance and cybersecurity issues and navigate technology.
Join host Ericka Adler as she welcomes new Roetzel partner Jonna Eimer on the #HealthLawHotSpot, to discuss the ins and outs of Management Service Organizations (MSOs). Learn what MSOs are, the types of professions that utilize them, and why they are essential for non-licensed professionals seeking entry into the healthcare industry. Ericka and Jonna delve into the topic of the corporate practice of medicine and how MSOs help non-healthcare entities navigate the legal hurdles. They explain the distinct roles of licensed providers in clinical matters and management entities in non-clinical aspects, such as HR, billing, and compliance. Discover how professional entities operate and pay management fees, and the strict regulations surrounding these fees. They also highlight the unique benefits of MSOs and emphasize the importance of adhering to state and federal laws when employing this model. Tune in as Ericka and Jonna share real-world examples showcasing the different considerations and documentation required for various types of practices seeking to establish MSOs, providing valuable insights into the complexities and potential risks involved.
In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with Joe Lessard, CPA and Principal of Professional Business Management, to discuss the pros and cons of purchasing vs. starting your own healthcare practice. Ericka and Joe delve into the key considerations practitioners should make when choosing which direction to go, including the importance of assembling a team of experts, conducting due diligence, and setting realistic expectations. They also explore the advantages and disadvantages of purchasing an existing practice, such as gaining the established patient base and income stream and the potential drawbacks, such as a less ideal location, older office equipment, and existing staff challenges. Additionally, the podcast covers the benefits of starting a new practice, including the ability to choose location, equipment, and layout of the office and identify challenges, which include acquiring capital and the need to attract patients to build and support the practice financially.   This is a must-listen for any health care practitioner considering purchasing or starting their own practice as Ericka and Joe provide valuable insights and advice on making an informed decision about the best path to choose for you , tune in below!
In this week's episode of the #HealthLawHotSpot, host Ericka Adler sits down with Elissa Taub from Siskind Susser for a timely discussion on the green card backlog that physicians are experiencing.  Ericka and Elissa delve into the factors contributing to the issue, including the annual limits on green cards, the multiple categories (family and employee-based), and the long-term backlogs which have significantly increased since December 2022, impacting physicians from all countries. She explains that the underlying cause is the shortage of green cards compared to the high demand. Elissa also emphasizes the importance of starting the green card process as early as possible as it can now take up to three years to obtain, and how employers can play an important role in this process. Tune in for valuable insights into the challenges faced by physicians in obtaining green cards and what to expect in terms of immigration reform and employment-based immigration moving forward.
In this episode of the #HealthLawHotspot, fellow Roetzel Healthcare Attorney Christina Kuta joins host Ericka Adler, to continue her discussion on the Good Faith Estimate portion of the No Surprises Act. Christina delves into the requirements for providers, including the types of information that must be included in the estimate, such as diagnosis codes, service codes, expected charges, and patient information. She also discusses the different types of providers and their responsibilities under the law, as well as how to ensure compliance with the Good Faith Estimate requirement. Additionally, Christina highlights the investigations conducted by CMS surrounding this law and the potential consequences for non-compliance, including financial penalties and reprimands. Tune in below to stay informed about the Good Faith Estimate requirement and how to protect your practice from potential legal issues.
In this episode of the #HealthLawHotSpot, host Ericka Adler welcomes Dennis Thornton from Carr Healthcare Realty.  Dennis joins us to discuss the ins and outs of real estate transactions for healthcare providers. From lease renewals to new practice start-ups, expansions, relocations, additional offices, and acquisitions, Dennis shares his insights on how to navigate the complex world of healthcare real estate. Ericka and Dennis also delve into the importance of timing, options, and common mistakes to avoid, while emphasizing the critical role of an attorney and real estate broker in ensuring a successful transaction.  So whether you're a healthcare provider looking to expand your practice, renew a lease or start a practice, this episode is a must-listen. Tune in now!
Joining host Ericka Adler on the first #HealthlawHotSpot of 2024 is fellow Roetzel healthcare attorney Christina Kuta.  Ericka and Christina will break down statute 1557 that prohibits discrimination from healthcare providers that receive federal assistance. Christina then discusses the updates and changes that were made in 2020 and 2022, what providers need to be mindful of and what to look out for in the future.
Joining host Ericka Adler on the #HealthLawHotSpot this week is fellow Roetzel shareholder and leader of the tax practice group, attorney Donna Hartl.  Donna provides insight on how and why the Employee Retention  Tax Credit (ERTC) was originally set up, and how some practices may have received poor advice in applying for the credit.  They also discuss how practices can assure the credit was properly evaluated and how to handle credits they may have wrongfully obtained.  Finally, Donna explains the current status of the ERTC and how practices can still seek out a proper tax credit.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Karen Adinolfi for an important discussion on navigating the rise in political discussion, antisemitism, islamophobia and other challenges in the healthcare workplace. Across the country, practices have faced workplace misbehavior including in-person conduct, social media postings, and other actions that have impacted healthcare employers and their reputations. Ericka and Karen will explore how healthcare employers can effectively identify when employees may have violated employment policies, created a hostile work environment or otherwise engaged in intolerable unacceptable activities. Ericka and Karen also focus on the use of acceptable employment policies and practices to address discipline and termination of employees, as well as the ultimate goal of protecting the healthcare practice.
On the #HealthLawHotSpot this week, host Ericka Adler is joined by special guest Amy Anderson from Brinson Anderson to discuss important considerations for surgery-based and aesthetic practices when hiring staff.  Amy provides guidance on key items to be mindful of during the hiring process and how to make sure that any newly hired staff will match the practice culture.  Key issues covered include assuring potential employees bring the right skill set, licensure and overall work experience to the particular practice.  Amy and Ericka also discuss fine tuning the interview process and the importance of properly onboarding  new employees with current staff.
On this episode #HealthLawHotSpot, host Ericka Adler is joined by special guest Paul Hales, Partner at the Hales Law Group, for a discussion on how changes in web-based technology, including tracking, may be causing health care practices to unknowingly violate HIPAA.  Mr. Hales provides insight on what information is protected by HIPAA and how patient privacy is threatened by the latest technology used on popular practice websites and online. Finally, Ericka and Mr. Hales discuss the need for practices to engage in website and social media audits and other best practices to assure HIPAA compliance.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta for an in-depth discussion on key issues that physicians need to understand within the broad topic of balance billing.  Ericka and Christina discuss billing restrictions under the ”No Surprises Act,” steps providers need to take to notify patients of their rights related to balance billing, issues that may come up when working in multiple states, and the repercussions of not complying with balance billing restrictions.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by special guest Jerry Diza, Partner at Pacific Reliance Medical M&A Advisors to share advice on how to successfully sell a med spa. Ericka and Jerry focus on trends in the sale of med spas and the steps to take to prepare a med spa for sale, including revenue thresholds needed to sell and steps to increase growth and performance.  Ericka and Jerry also cover the diligence that sellers should expect when it comes to med spas, such as a regulatory review of an MSO structure and provider licensure.  Finally, the podcast covers  the type of team members required for a successful med spa transaction.
 On the #HealthLawHotSpot this week, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta to answer some commonly asked questions regarding opting out of Medicare.  Ericka and Christina discuss the situations when providers would want (or need) to opt out, the process of opting out, and the requirements to bill Medicare patients directly.   They also provide real-world examples of things that can and do happen when providers opt of Medicare.
On the #HealthLawHotSpot this week, host Ericka Adler is joined by special guest Janie Tremlett from CWH Advisors, for an exploration of whether physicians should add value-based contracting to their practices.  Ericka and Janie focus on the different type of contracting available to physicians and what type of practices benefit the most from value-based contracting, in terms of size, specialty, payor make-up and patient population.   Ericka and Janie also discuss how practices can start the journey of investigating value-based care, the team needed to help explore contracting options and some of the pros and cons to consider before you get started.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Heather Renée Adams for a follow-up discussion on how healthcare practices should best respond to claims from the Equal Employment Opportunity Commission (EEOC) and similar administrative agencies. Ericka and Heather discuss the dos and don’ts of communicating with the EEOC including, responding in a timely, courteous manner, properly documenting the misconduct, the importance of using legal counsel to respond to claims, and what can happen if you don’t.  Heather also provides insight on the three general results employers can receive from the EEOC, next steps after receiving your result and how settlement can be the best decision for your healthcare practice.
On this episode of the #HealthlawHotSpot, host Ericka Adler is joined by special guest Ezra Simons, Managing Partner at Physician Growth Partners, for an in-depth discussion on what private equity firms look for when acquiring physician practices. Ericka and Ezra discuss different types of private equity transactions and the importance of a good transactional team to best position a physician practice when going to market.  Finally, Ezra and Ericka  offer insight into the process of negotiation with a buyer and key terms to fight for in a letter of intent.
This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel healthcare attorney Christina Kuta, for a unique discussion on physician relationships within partnerships and practices. Ericka and Christina talk through what can happen when partnerships encounter disputes, how to work through difficult partnerships and how to plan for disagreements before they arise. They also provide insight on what to do if issues cannot be resolved and the importance of thinking through a partnership before entering into an agreement.
Are non-competes still enforceable for physicians, dentists and other health care providers? #HealthLawHotSpot Host, Ericka Adler is joined by fellow Roetzel shareholder Adam Hirsch, to discuss recent activity related to non-competes, particularly as it relates to the National Labor Relations Board (NLRB) guidance. Ericka and Adam break down the new NLRB memo concerning non-competes and the wide misconception that non-competes are no longer enforceable.  They also talk about what health care practices should be thinking about when it comes to contract provisions and whether we can expect non-competes to be enforceable in the future!
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