By: James D. Wall, Esq.
Physicians often myopically rely on starting salary as the sole criterion for deciding which prospective employer has the better offer.  However, draconian provisions in an employment contract can make the newly employed physician long for the "good ole days" when he or she was a resident.  Here are some points a physician should consider before entering into an employment contract.

By: Jennifer B. Lyday and Cassidy L. Willard
Just hours after LTL’s first bankruptcy case was dismissed on April 4, 2023, LTL filed a second petition (hereinafter, “LTL II”). LTL asserted that it had the support of “[more than] 60,000 claimants who have signed and delivered plan-support

By: Jennifer B. Lyday and Josh Plummer
In February 2020, Congress codified the Small Business Reorganization Act of 2019 (SBRA) as subchapter V of chapter 11 of the Bankruptcy Code.

By: James D. Wall, Esq.
If you are contemplating a sale of your practice, you should thoughtfully consider the issues raised below.  Selling a practice is in some respects like selling a house:  that is, you wouldn’t sell your house without first making sure the house presents well to potential buyers.

By: Diana Santos Johnson
Typically, you do not think of bankruptcy as something that can empower and elevate individuals. However, as we enter 2023 with the nonstop news of record-breaking inflation and a possible recession, bankruptcy can be exactly this.

By: James D. Wall, Esq.
As has been widely reported, the Federal Trade Commission (FTC) recently proposed a new rule that would prohibit employers from imposing noncompetes on their workers.  This ban would materially and dramatically affect the healthcare industry, especially in North Carolina,

By: James D. Wall, Esq.
As shrinking reimbursement and heightened regulation force doctors to join hospital systems or practices managed by management services organizations (MSOs), some doctors are pushing back.  A recent California lawsuit filed by a group of physicians against an MSO may be the canary in the coal mine.

By: James D. Wall, Esq.
The North Carolina Medical Board recently proposed a Position Statement on physician employment with hospitals and other large groups.  A Position Statement is not a law or regulation, but rather the Medical Board’s interpretation of 
 

By: Diana Santos Johnson
First Church of God in Christ is a thriving church in Winston-Salem, North Carolina.  They have owned their worship space property – which contains a building valued at almost $1 million – for 23 years?

By: James D. Wall, Esq.
There has been a resurgence of practice acquisitions of late.  If you are an owner in your practice, chances are you are considering selling your practice or soon will be.  Other than purchase price, which is the bait on the hook, what else should you consider?

By: James C. Lanik and Jennifer B. Lyday
American family farmers and family fishermen are not immune to the effects of the current condition of the general economy. A recent industry analysis indicates that the three most pressing concerns of respondents surveyed in September 2022 were

By: John Van Swearingen and Evan Lee
It is July of 2020, and domestic and international news cycles are full of stories of global pandemic, record unemployment, and an uncertain path towards international economic recovery.

By: James D. Wall, Esq.
Generally, the physician’s self-referral law (often referred to as “Stark”) prohibits a physician from referring a patient whose services may be reimbursed by a government payor (e.g., Medicare) for certain “Designated Health Services” (“DHS”) to an entity in which the physician or immediate family member of the physician has a financial relationship, unless an exception applies.

By: Jan Yarborough
Contractual Indemnity clauses have no place in participating provider contracts. This is not news. Managed Care / Health Law continuing legal education presentations, position statements, and blog posts have been warning providers about this issue for decades.

By: Natalia Talbot
By the time I retire from practicing law, I envision a legal profession that values and prioritizes mental health. My vision is motivated by personal loss and experience, and a sincere hope for change.

By: James D. Wall, Esq.
How could a physician have any risk in being “friendly”? In this context, “friendly physician” refers to a particular type of arrangement where a physician-owned practice is managed by a management services organization, often referred to as an “MSO.”

By: James D. Wall, Esq
In July, President Biden issued an executive order at least signaling his administration’s disdain for covenants not to compete for physicians (often referred to as “non-competes”). The Executive Order encourages the Federal Trade Commission to ban or limit non-competes, including in health care.

By: James D. Wall, Esq.
Not really. In North Carolina, medical practices, with few exceptions, must be owned by physicians. The exceptions include joint ownership between physicians and advanced practice providers (APPs), ophthalmologists and optometrists, and psychiatrists and psychologists.