NC Medical Board Proposes Position Statement on Licensee Employment With Hospitals, Group Practices and Other Health Systems

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 
 

A Pro Bono Experience: Assisting First Church of God in Christ in Stopping the Foreclosure of Their Church

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?

Selling Your Practice? Consider These Issues First

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?

Mitigating the Risks of Being a “Friendly” Physician

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.”

My Vision for the Legal Profession: Prioritizing Attorney Mental Health

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.

Is Your Pay Plan Stark Compliant?

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.

Participating Provider Contracts: Remove or Revise the Indemnity Clause

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.

Jury Still Out on Executive Order Regarding Non-Competes

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.

Help! Should My Business File for Bankruptcy Protection?

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.

Can You Sell Your Practice to Private Equity?

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.