Why Healthcare Businesses Require Legal Representation
Essential to the success of every healthcare business is comprehensive, accurate legal services. Healthcare businesses are subject to an almost overwhelming regulatory framework that impacts almost every aspect of the business from the manner in which it is organized, to its contractual relationships, to its billing practices and the manner in which it reports income. Noncompliance with any of the myriad regulations can lead to substantial fines and put the healthcare business at significant risk. Laws limit how business may be conducted, the nature of the ownership structures, joint sponsorship arrangements with other healthcare business and the independent financial relationships with employees such as physician compensation. Without legal guidance a healthcare business is certain to run afoul of many of these laws. The healthcare business and its owners will not only be forced to expend huge amounts of time and money to develop compliance systems , they will also face increased risk of regulatory sanctions ranging from civil fines to suspension from participation in Medicare and Medicaid programs which could prove fatal to the healthcare business. While small healthcare businesses may seek to do without the services of a healthcare legal professional to save money, many of the minimum filing fees for the proposed new business form and practice systems can exceed the annual fees of the healthcare attorney. Compliance assessments seek to identify regulatory risks and establish solutions that will avoid expensive administrative investigation and litigation.
What to Look For In a Capable Healthcare Business Attorney
The best healthcare business attorney will possess specialized knowledge of this evolving area of the law, and have the ability to deliver legal services cost-effectively. Look for an attorney with considerable experience in healthcare business law, who is prepared to offer representation in a client-focused manner. Specifically, top qualities of a healthcare business attorney include:
Expertise in Healthcare Law
With knowledge of a range of healthcare business law issues, your attorney can help your business operate within the confines of the law. This includes reviewing transactions associated with the sale of a medical or health practice, drafting and reviewing contracts, reviewing leases, and all other business law matters. A reputable attorney will also have knowledge of the many laws and regulations that impact healthcare providers and professionals in particular. Depending on where you practice, these may include licensing, reimbursement, transfer of property and facilities, and medical privacy and confidentiality, among many others.
Experience with Regulatory Compliance
An accredited healthcare business lawyer has significant experience working with clients under most healthcare types, such as ambulatory care centers, clinical laboratories, group medical practices and surgeries, nursing homes and long-term care facilities, private physician and dentist offices, and many others. With this experience, your attorney will be well positioned to offer counsel on a wide variety of issues, including labor and employment, regulatory compliance, corporate finance, financing and leasing, and transactions and litigation. They also should have experience working with federal, state, and local regulatory agencies, such as the Centers for Medicare & Medicaid Services (CMS), working to assist clients with compliance and licensing of business and health facilities.
Strong Negotiation Skills
Negotiation skills coupled with a keen sense of interpretation of law have equipped physicians and other healthcare professionals to open successful, legally compliant businesses. While you may be tempted to hire a business attorney with strong sales skills, this is not as useful as someone with a strong sense of analysis and interpretation. It is the very fine points of law that define acceptable business practices.
Where to Locate a Healthcare Business Attorney that is Near You
The search for an experienced healthcare business attorney can start in a number of ways. You may have a colleague, colleague or friend who’s worked with lawyers in this capacity before. They may be able to recommend someone in your area based on their past experiences or can offer other leads. You can also use the Internet to check online lawyer directories to look for healthcare practice attorneys in your state. Some individuals have deep networks in their communities through their work and can help you locate and connect with a local attorney with the right focus and experience. You can also check with the local or state bar association to find more options in your region.
The key is to find someone within reasonable distance so you can meet with them, but a few hours of travel may not be too inconvenient if you find a lawyer who is a great fit for your situation. Since healthcare law is highly specialized, it pays to have the best lawyer you can reasonably find for your needs, and that sometimes means going where they are located. The initial consultation is very important because that is the first time you can really gauge if the attorney can help you or not. Going through the interview process is one of the most important things you can do in the quest to find the right healthcare business attorney.
Legal Issues Frequently Encountered in the Healthcare Business
Often the most common legal issues for healthcare businesses are dealing with issues surrounding HIPAA. Who can access patient information, how that information can be shared, and how to protect the privacy of their patients is a primary concern for healthcare businesses in the modern age. An attorney who specializes in healthcare business law will be able to go over your business practices and then provide you with a plan for ensuring compliance with HIPAA. They can also help your business with subcontractor agreements, so that all of your vendors understand the importance of HIPAA and safeguarding patient information.
Another large concern for healthcare business owners is employment law. Questions like whether or not an employee needs to be classified as exempt, or if you can fire someone for attendance. Employment law can be tricky, so having an attorney who specializes in healthcare business law review your employment policies is important. Unfortunately, healthcare is a field with a high amount of turnover. From nurses to therapists to technicians, everyone in your practice is prone to finding a better position somewhere else and moving on. Every time an employee leaves, you want to be sure you’re doing everything in your power to protect your business. This might even mean an exit interview procedure that makes sure you don’t lose valuable information when someone leaves. An attorney can assist with all of this.
If you own a healthcare business, you will also have to deal with contracting with different insurers. An attorney can help you navigate the ins and outs of dealing with different insurance companies. They may also be able to suggest a method of contracting with insurers that will result in increased revenues for your business. If you feel as though you have been mistreated by an insurer, or denied payment for a service that you should have been paid for, an attorney can help you with that as well.
Frequently Asked Questions by Medical Practices and Healthcare Businesses
When it comes to hiring a New Jersey healthcare business attorney, it is vital that you first ask questions to ensure that you are making the right decision . The following are some of the most common questions to ask your prospective healthcare attorney at your initial consultation:
Have you ever represented a healthcare business before?
Are you familiar with my specific healthcare business law issues?
How long have you been in practice?
How much do consultation and other legal services cost?
Will I be working with you directly or through a team of lawyers?
What is your fee structure? Are there fees for retainer letters, initial consultations or arrangements for future services outlined in the retainer agreement?
Can you provide me with references from past or current healthcare law clients?
Have you handled any cases like mine before? If so, did they result in positive outcomes?
How much will my case cost?
What is the likelihood that I will win?
How long will it take for my case to be resolved?
Advantages of Hiring Local Legal Representation
One of the most important aspects to consider when finding a healthcare business attorney is their familiarity and understanding of the healthcare landscape in your region. Local healthcare business attorneys who have built long-term relationships with other attorneys and judges have proven their dedication to the field and provide valuable advantages you cannot readily find with a non-local attorney. Local attorneys are also more accessible, with their offices just a drive or public transportation away. Depending on the particulars of your case, they may even be able to provide reduced billing rates or certain services entirely for free, especially for small to mid-sized practices.
Having local representation for your healthcare business also means having someone who understands the regional license and filing requirements and can assist you with any healthcare licensure issues you may have. You will be informed about recent changes to laws that may impact your practice, as well as any current cases or business ventures of your competitors. Local healthcare business attorneys may work with you on joint ventures and preferred provider network participation, ensure you are compliant with state specific laws, and provide specialized knowledge in the areas of healthcare information technology (IT) and healthcare management.
Finding the right healthcare attorney isn’t just about the legal aspect of your practice or business. More than anything, it’s about valuing the success of your practice as much as you do.
Healthcare Business Attorney Fees
When budgeting for legal services, it’s important to have an idea of what to expect. Healthcare Business attorney fees can vary quite a bit. The range includes hourly rates, retainer fees and flat project-based fees. Novice legal consumers can easily be put off by unexpected bills, so it’s important to have the "money" talk with your prospective Healthcare Business attorney early on to make sure that you both have the same expectations about projects and budgets. Hourly rates for Healthcare Business attorneys can be pretty steep. These professionals are going to be among the most highly trained and educated members of the bar, and as such they’ll probably fall into the highest tier of legal professionals. Since healthcare companies in general require a lot of specialized expertise and familiarity with legal documents and terminology, you may find that your Healthcare Business attorney is going to charge you at least a few hundred dollars per hour . There are a few places that have different pricing schedules, and this can be a good deal for those attorneys’ clients, but this may not be appropriate for your practice area or specialty. If your attorney is unable to meet the expectations and demands of your practice, consult a solicitor with more experience in your specific field to get those demands met without paying more than is strictly necessary. Most Healthcare Business attorneys, however, work on a retainer basis, which can both help you manage your budget and give you the peace of mind required when you are dealing with day-to-day legal questions and issues as well as occasional more complex matters. Retainers typically involve a fixed fee paid per month for a number of hours of access to the lawyer and his or her firm (this might also include paralegals, file clerks, etc.). The attorney will bill the client for use of additional hours, so even though you’re paying for your retainer whether or not the full amount is utilized in a given month, you can be confident that you’re covered for those intermittent hours should a more serious project occur.