In this Roetzel HealthLaw HotSpot episode, Roetzel shareholder and Health Law Practice Group Leader Ericka Adler and fellow Roetzel shareholder David Hochman are joined by Damien Martin, partner at BKD CPAs & Advisors for a discussion of how the current tax-related proposals targeting high-income Americans in President Biden’s Build Back Better agenda might impact doctors, surgeons, dentists and other medical professionals. They dive into the how proposed capital gains, income and estate tax changes could impact individuals, when the changes could go into effect, and what everyone should be doing  to prepare for these changes.

Roetzel HealthLaw HotSpot

Upcoming Tax-Related Proposals for Health Care Professionals to Watch

In this episode of the podcast, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined by Carl White, owner of MarketVisory Group, for a discussion on how a medical practice can avoid the theft and misuse of social media accounts by their own employees. While current or former employees with access to a practice’s social media can cause all sorts of issues from closing the accounts, to posting damaging information and potentially exposing the practice to HIPAA violations, there are some very basic steps a practice can take to avoid these problems.  Ericka and Carl look at how deliberately treating the social media accounts as the valuable property they are, and carefully limiting access and ownership to them, will allow the practice to protect itself and its reputation in the future.

Are You Protecting Your Practice’s Social Media?

Clarifications to the Stark Law concerning the physician compensation for referrals of designated health services (DHS) within a group practice are scheduled to go into effect January 1, 2022.  In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader and fellow Roetzel attorney Christina Kuta analyze the newly clarified regulations for pooling and distributing the ancillary income in compliance with Stark.

Stark Law Alert: Be Ready for January 1, 2022

In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Christina Kuta for in-depth look at the complex area of physician recruitment agreements. Because of the Stark Law’s prohibition of referrals, these recruitment contracts must fall into the Stark recruitment exception. Further, even when an agreement is in compliance with Stark, there are other pieces of the contract, such as support terms, that physicians need to navigate carefully in order to set themselves up for success.

Understanding the Perils of Physician Recruitment Agreements

Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Andrea Winslow, Neurosurgery Recruitment Consultant at Rosman Search, for a look at both the employer and candidate sides of physician recruitment. For employers, they discuss the factors that affect recruitment decisions, including type of practice and reason for hiring, and the requirements of the new position, along with the appropriate compensation package. For the candidate side of the search, they focus on what to look for in a new position, how to analyze the officer holistically, and what red flags a candidate should be aware of to avoid ending up in an unsatisfactory employment position.

Health Care Recruiting: What Employers and Employees Should Know

Because only licensed health care professionals can hold an ownership stake in a health care practice, there are special considerations for how that asset is handled by a health care professional and his or her spouse before, during and after marriage. In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Lesley Arca, and Attorney Anna Krolikoska, family law attorney and mediator at Anna P. Krolikowska P.C., to take an in-depth look at the unique issues that arise from the ownership restrictions on medical and dental practices.

Marriage and Divorce Considerations for Health Care Providers

On August 26, 2021, Illinois Governor J.B. Pritzker signed Executive Order 87, which mandates that Illinois health care workers be vaccinated against COVID-19. In this episode, host Ericka Adler, Roetzel Shareholder and Health Law Practice Group Leader, is joined by Karen Adinolfi, Roetzel Employment Services Shareholder, to provide additional insight on common questions that employers may have regarding the mandate. They discuss the deadline for employees to receive their vaccine, as well as what exemptions would allow an employee to forego the vaccine and provide weekly negative tests instead. They also analyze an employer’s liability in several situations when it comes to enforcing the mandate.

Illinois’ Vaccine Mandate for Health Care Workers: Answering Employers’ Questions

Sales of health care practices to private equity firms remains a very popular option for physicians, dental and other professionals. In this  Health Law Hotspot, Roetzel attorneys Ericka Adler and David Hochman are joined by Evgeni Ivanov, tax manager at Wipfli LLP, for a discussion of the process for a successful sale and some of the tax strategies buyers and sellers can utilize to minimize tax consequences and maximize profits.

How Private Equity Firms Structure Health Care Mergers and Tax Implications

While as a general rule, employers can mandate the COVID vaccine, or any vaccine, as a condition of employment, there are many caveats to this rule that make this issue anything but simple. Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Karen Adinolfi, a Shareholder in Roetzel's Employment Services group, for a discussion about navigating the complex employment law issues surrounding vaccine mandates. This includes breaking down the two most common challenges to achieving 100% workforce vaccination, effectively accommodating employee disabilities and religious beliefs, along with analyzing how to balance the liability risks of terminating an employee versus potentially exposing patients, customers and clients to the virus.

What Does FDA Approval Mean for Employer Vaccination Mandates?

Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Kate Othus, President of Health Professionals Alliance and CEO of DataDX for an in-depth discussion of how to bring profitability, resources and solutions to private practices so they not only survive as independent practices, but grow and thrive in the future. It’s common for struggling independent practices to lack the resources to hire consultants or a professional management team, so Ericka and Kate examine how a practice can collect and use their own data to increase profitability by focusing on contract optimization, provider credentialing, and growth initiatives, and also take a look at overcoming the compensation challenges for maintaining and attracting talent.

Saving Private Practice: How Practices can Stay Independent and Thrive in Today’s Health Care Market

In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Fiona McEntee, Managing Attorney at the McEntee Law Group, for a discussion of immigration challenges doctors, dentists and other health care professionals face when becoming employed in the U.S. They also take an in-depth look the struggle to attract and keep health care entrepreneurs and their health care innovations in the country under the current immigration system and startup visa options.

The Impact of Immigration Laws on Health Care Professionals and Entrepreneurs

Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined again this week by Adam Hirsch, Roetzel business litigation attorney, for Part 2 of an overview of noncompete clauses in contracts with healthcare professionals. In this episode, Ericka and Adam discuss how President Biden’s Executive Order on Promoting Competition in the American Economy, issued on July 9, 2021, may or may not effect current and future non-compete agreements. They look at the timetable for the promulgation of federal rules, analyze the interplay of federal regulations and state contract rules, and examine the validity of existing contracts that comply with current law.

The Nuts and Bolts of Noncompete Agreements: Part 2: Executive Order Update

Following a health care practice merger or acquisition, it’s important to remember that there will be significant changes that impact the workforce and the workplace culture going forward. Join host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, and guest Jennifer Fondrevay, Founder of Day1 Ready™, as they discuss why it’s important that all of the parties involved have conversations early and often to set expectations and ensure a successful transition. For additional insight on this topic, please click here: https://jenniferjfondrevay.com/now-what-by-jennifer-fondrevay/ to learn more about Jennifer Fondrevay’s book, “NOW WHAT? A Survivor's Guide for Thriving Through Mergers & Acquisitions.”

The Importance of HR and Workplace Cultural Considerations in Health Care M&A Transactions

Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined this week by Adam Hirsch, Roetzel business litigation attorney, for Part 1 of an overview of noncompete clauses and how they are used in contracts with healthcare professionals. Ericka and Adam discuss the importance of carefully reviewing the language of noncomplete clauses for both practitioners and providers for reasonable, targeted restrictions, and also look at the changing legal and healthcare practice landscapes to see how new rulings and technological developments, including the use of telehealth, impact the enforceability of the clauses. In Part 2, Ericka and Adam will cover the recently issued Executive Order that directs the Federal Trade Commission to adopt rules that would ban or limit the use of noncompete agreements.

In this episode, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by Doug McKinley, Psy.D. MCC, Managing Principal at Lumina Health Partners and Director of Lumina Leadership Institute, for a discussion on how to resolve conflicts between physicians through the use of productive conflict. Productive conflict is a conceptual mindset of thinking about conflict as a way to achieve organizational alignment and forward action.

How Productive Conflict Can Benefit Health Care Practices

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.

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Roetzel HealthLaw HotSpot

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