Our attorneys are adept and experienced at providing physician-oriented medical practices representation and planning in healthcare law, as well as assisting those of other professions. A significant portion of our resources and business practice is devoted to representing clients within the health care and professional fields, including independent physicians, medical practices, dental practices, accounting practices, legal practices and other providers of professional services.
Our in depth knowledge of the professional practice markets developed through years of experience of providing effective planning, advice, contract negotiations and conflict resolution informs our practice in such areas as:
Medical Practices And Other Practice Formation
When starting a business in the professional practices, it is important to have good guidance as to what type of entity suits your needs. Corporations, General Partnerships, Limited Partnerships, Limited Liability Partnerships, Limited Liability Companies, Professional Corporations and Benefit Corporations all have unique purposes, benefits, advantages and limitations.
Company Governance Agreements
Once the appropriate form of entity is chosen, it is vitally important to adhere to the formalities necessary to preserve the benefits of such an entity. First, the company must have appropriate corporate governance documents such as a shareholder agreement and bylaws, a partnership agreement, or an operating agreement. Our attorneys assist clients by formulating, drafting, and finalizing such agreements as well as meeting with all practice members to develop goals and establish procedures for company operations including profit participation, capital requirements, buy-sell rights, limitations on liability and indemnity rights.
Employment and Independent Contractor Agreements
No matter what industry your business is in, all medical practices and professional practices should have a lawyer on hand to review each employee contract. Whether you are employer, employee or independent contractor, these are among the most important agreements you will have. Labor costs are often the highest expense of a business. Conversely, these contracts often define the legal rights affecting an employee or independent contractor’s sole source of income. These contracts typically address compensation scenarios, employee and independent contractor rights upon termination such as whether an employee can compete with the employer after termination, solicit employees or clients and what company information must be maintained as confidential. An appropriate contract will help ensure everyone understands their rights and avoid expensive and timely litigation down the road.
Our clients within the medical and professional practices often seek our services for help with general business legalities such as restructuring, drafting vendor and client agreements, licensing, preparation for mergers and/or acquisitions, and other entities including business transactions, such as buy-sell and shareholder agreements, that tend to be complex, is typical within the health care field.
HIPAA, Stark and Anti-Kickback and other Regulatory Compliance
Health care providers are faced with a myriad of complex regulations. Our attorneys regularly assist and advise clients on a variety of complex issues related to Stark, in addition to other regulatory limitations specific for professional practices. We work in tandem with healthcare providers and professionals to design and implement appropriate compliance plans that are designed upon the client’s needs, resources, and goals.
Leases and Financing
As a health care practice or professional office grows, so too will the need to relocate or expand the current space. Both of which require reviewing, negotiating, and signing leases. Our firm regularly reviews leases for medical practices and other businesses needing new office and commercial spaces, and we are adept at negotiating more favorable terms, where needed.