As a physician or healthcare practitioner in Arizona, you are held to strict regulations and guidelines surrounding patient care and privacy standards, use of new technology, billing practices, and more. Your job is difficult enough without having to worry about the legal complexities of healthcare law. If you need legal guidance or representation, a healthcare lawyer in Phoenix at Aiken Schenk is willing to assist and advise you on your duties and obligations as a medical professional.
Healthcare Law Cases We Handle
At Aiken Schenk, our healthcare lawyers in Phoenix are members of the Arizona Association of Health Care Lawyers and are one of the top law firms specializing in healthcare in the Phoenix area. We have 28 years of dedicated experience and are committed to helping medical professionals like you create or grow your practice, handle board complaints, protect your livelihood, and ensure your compliance with the laws and rules of the Arizona Medical Board and beyond.
We’re here to help you focus your full efforts on what matters most: caring for your patients.
Hospital Recruitment Agreements
A recruitment agreement is a contract that binds a physician to a hospital’s service area for a set number of years. If this condition is not met, the doctor may have to pay back some part of the compensation earned. If a hospital asserts that a physician has breached the terms of his or her recruitment agreement, a healthcare law attorney at Aiken Schenk can help.
Employment Agreements and Non-Compete Covenants
Utilize an Aiken Schenk healthcare lawyer to review, draft, and negotiate your employment contracts. Our healthcare lawyers can review and draft contracts for both medical employers and employees. We also offer guidance on confidentiality clauses, compliance with applicable Arizona and federal laws, and restrictive covenants such as non-solicitation and non-compete clauses.
For some medical practitioners, space sharing is a practical and affordable option for their practice. The problem is that compliance standards and regulations in Arizona and federal law make these types of arrangements difficult. Talk to an Aiken Schenk healthcare lawyer about how to ensure your office-sharing arrangement is compliant with federal and state laws.
Licensure and Disciplinary Proceedings
When you need a healthcare lawyer in Phoenix who can represent your best interests in a medical license defense case, turn to Aiken Schenk. Our firm offers aggressive representation in disciplinary proceedings before the Board of Medicine, the Nursing Board, Board of Behavior Health Examiners, and any other regulatory medical boards or agencies. We will do everything we can to protect your future in medicine.
We also can help with licensing issues. We have helped clients with innovative practices become licensed in Arizona even if their model is unusual.
Cybersecurity is one of the hot-button issues in Arizona healthcare today. The Health Insurance Portability and Accountability Act (HIPAA) consists of two parts – the Privacy Rule, which deals with the use and disclosure of personally identifiable health information, and the Security Rule, which set national standards for protecting electronically-stored health information. Both rules apply broadly to healthcare providers, health plans, healthcare clearinghouses, and their business associates. In short, HIPAA covers anyone with access to personally identifiable healthcare information.
To abide by the HIPAA Privacy Rule, you must ensure that access to personally identifiable healthcare information is limited. Information may be given to the individual who is the subject of the information and to those who are directly treating the individual. It can also be used for other limited purposes and should be limited to only the necessary information.
To follow HIPAA Security Rule, you must undertake steps to ensure that all electronically stored, personally identifiable healthcare information is securely stored so that it is not disclosed to unauthorized parties. You should have a set of physical, technical, and administrative safeguards. You must also undergo a regular risk analysis, which will help determine technical and non-technical vulnerabilities in your security system.
Make sure you understand your obligations and that your practice is compliant by speaking to a healthcare law attorney at Aiken Schenk.
Stark and False Claims Act Compliance
Stark Law and the False Claims Act are some of the most complicated laws regulating physicians and other qualified medical professionals. Violations of these laws could result in substantial financial penalties and even criminal liability. Therefore, it is of the utmost importance to ensure you and your practice comply with these laws.
The Stark Law (42 U.S.C. §1395(nn)) prohibits physicians from making referrals for designated health services that may be paid by Medicare to any entity with which that physician, or an immediate family member of the physician, has a financial relationship. Penalties for Stark Law violations include monetary fines and potential exclusion from federal programs, such as Medicaid and Medicare.
The Anti-Kickback Statute (42 U.S.C. §1320a-7b(b)) prohibits knowingly and willfully soliciting, receiving, offering, or paying any sort of remuneration, directly or indirectly, to induce or reward a referral, purchase, order, lease, or recommendation of any item or service that may be paid for under a federal healthcare plan or program. Payment need not actually be made for the Anti-Kickback Statute to be violated; an offer or solicitation is enough. It is applied broadly and carries both civil and criminal penalties.
Both laws have exceptions, which can be used to protect your practice. Contact a healthcare attorney at Aiken Schenk in Phoenix to assist in ensuring your practice’s compliance through corrective actions, investigations, and defensive action for you and your practice in litigation.
Other Practice Areas
Proper Company Structuring
Should you register as a PC? PLLC? We help professionals choose the right form for their business. We can work on operating agreements and other documents to help you establish and grow your practice and help you set it up correctly to avoid common pitfalls and problems. Let our experience work for you. By allowing an Aiken Schenk healthcare lawyer to assist you in your business formation, will have someone to help you work through the lengthy regulations of the healthcare industry as you establish your medical practice.
Our experienced healthcare lawyers can assist you in the formation of your practice. We also help with the formation of other practice arrangements with related practitioner groups and businesses.
Practice Sales/Dissolutions, Practice Group Arrangements, and Breakups
The healthcare lawyers at Aiken Schenk can assist with partner disputes, practice dissolutions, and breakups. Contact Aiken Schenk today to help with any and all business-related issues with your medical practice. We also have experience in the sales of practices and practice breakups. Breaking up is hard to do, but with the help of an Aiken Schenk lawyer, you can get back to what you do best: caring for patients.
Request a Consultation for Your Healthcare Law Case
Aiken Schenk wants you to know that you are not in this alone. We’re here to be your advocate and make your practice more profitable and patient-focused. If you are a physician or other medical professional needing legal advice for a claim filed against you, contact us today.
Let’s get together for a case consultation and find out how an Aiken Schenk health law attorney can save your career and practice. We’ll help you prepare for any matters that you may be facing.