Physicians, Dentists, and Non-Physician Practitioners
Physicians, dentists, and non-physician practitioners work in an evolving environment filled with both complex regulation and opportunity.
Dykema attorneys have in-depth experience in both unraveling the complex regulations and identifying professionally beneficial opportunities for clients. We offer comprehensive representation spanning all areas of your business, including practice ownership structure, employment issues, tax and estate planning and asset protection, licensure, scope of practice, and payment and coverage issues.
“...this conference is a winner.”
- Group Dentistry Now
Join over 1,500 DSO leaders, dental practitioners, and vendors at our 10th Annual Definitive Conference for DSOs on July 19-21, 2023 and find out why our conference is the most anticipated event in the DSO industry. Visit www.DykemaDSO.com for more information.
If you are wishing to buy, sell, or merge professional practices, you will benefit from our wealth of knowledge and experience in mergers and acquisitions and the full spectrum of general corporate issues, including such things as developing operating and shareholder agreements and negotiating management and general contracts. We represent clients facing issues involving professional liability, business disputes, payer audits and investigations, professional license disciplinary matters, contract issues, and general litigation matters.
We also provide guidance on the full range of regulatory issues to our physician, dentist, and non-physician practitioner clients, including:
- Full range of fraud and abuse matters, including compliance with the Stark Law, anti-kickback statutes, and fee-splitting prohibitions
- Medicare and Medicaid regulatory compliance
- Implications of state and federal healthcare reform
- State regulation of the “corporate practice” of medicine and dentistry
- Implementation and use of electronic health records and compliance with HIPAA, HITECH, and state law privacy requirements
We have represented various health care providers, medical billing companies, and dental service organizations in government fraud investigations. In addition, we regularly advise clients regarding internal investigations, compliance programs, and governance issues, including issues related to the False Claims Act, federal and state anti-kickback statutes, and physician self-referral prohibitions.
In addition to regularly reviewing and negotiating physician employment contracts, we have assisted clients in the enforcement and resolution of disputes regarding non-competition and non-solicitation covenants.
We have extensive experience in the following:
- Assisting practitioners in forming both individual and multi-member PCs and PLLCs
- Assisting in the sale of professional practices to other practitioners and to health systems
- Assisting practitioners in withdrawing from the PLLC or PC in which they have been practicing
- Regularly advising clients with regard to scope of practice and payer billing and coverage issues
- Drafting agreements between physicians and non-physician practitioners to define the scope of their affiliation
- Structuring management contracts between professional practices and management companies
- Assisting in all phases of billing audits (internal and payer) and advising regarding refunds and self-disclosures
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